HomeMy WebLinkAboutR-2005-133 Data Centric Solutions AgreementRESOLUTION NO. R 2005 -133
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute a professional services agreement between the City of Yakima
and Data Centric Solutions for consulting and other services related to a
request for proposals in support of the implementation of a Municipal
Management System.
WHEREAS, the City of Yakima has previously prepared a draft request for proposal
in support of the implementation of a municipal management system for the City's Information
Services Department; and
WHEREAS, the City of Yakima will require professional services for the finalization
and submittal of the request for proposal and the analysis and selection of the most appropriate
municipal management system from the proposals responsive to said request; and
WHEREAS, Data Centric Solutions has substantial and unique knowledge related to
municipal management systems and the analysis of municipal management system vendors' and
vendor systems' capabilities and the City of Yakima's system requirements; and
WHEREAS, given the unique and substantial knowledge, familiarity, and qualifications
possessed by Data Centric Solutions, the City Council deems it to be in the best interest of the
City of Yakima to authorize execution of an agreement between the City of Yakima and Data
Centric Solutions, in an amount not to exceed $25,000, for the provision of consulting and
other services related to the selection of a municipal management system as defined in the
attached Statement of Work #001, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAIIMA:
The City Manager is hereby authorized and directed to execute an agreement in a form
substantially similar to the attached agreement for consulting and other services related to the
selection and implementation of a municipal management system pursuant to a request for
proposals with Data Centric Solutions.
ADOPTED BY THE CITY COUNCIL this 6th day of September, 2005.
ATTEST: Paul P. George, Mayor
City Clerk
-1-
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement") is entered into by and between
The City of Yakima located at 129 North 2nd Street, Yakima, WA 98901, (the "Client"),
and Data Centric Solutions, a sole proprietorship, located at 1331 Forest Rock Lane,
Poulsbo, WA 98370 ("Data Centric Solutions"), and is effective as of
(the "Effective Date").
Recitals
The City of Yakima desires to engage Data Centric Solutions to provide certain services
to the City of Yakima, and Data Centric Solutions wishes to provide those services.
Agreement
1. SERVICES; STATEMENTS OF WORK
Data Centric Solutions will perform the "Services" as defined in each Statement of Work
("SOW"), which will be substantially in the form attached to this Agreement as Exhibit
A, on behalf of the Client. No SOW will be binding on either party unless executed in
writing in non -electronic form by each party's authorized representative, and nothing in
this Agreement obligates either party to enter into any given SOW or any minimum
number of SOWs. If any provision of this Agreement conflicts with a provision of any
SOW, then the provision of this Agreement controls, except to the extent that such SOW
expressly provides otherwise. Data Centric Solutions agrees not to suspend Services
under this Agreement except for Client's failure to pay pursuant to Section 2. Data
Centric Solutions will complete all Services in accordance with any specifications in and
on the schedule described in the respective SOW, and in accordance with this
Agreement's terms and conditions.
2. PAYMENT
2.1 Fees and Expenses. As consideration for the Services that Data Centric Solutions
provides under each given SOW, Client will pay, to Data Centric Solutions, the "Fees"
and "Expenses" as defined in the respective SOW. Except as otherwise set forth in a
given SOW, all Services shall be provided to Client on a time and materials ("T&M")
basis. A "not to exceed" dollar limit, which is $17,080.00 as specified on SOW #001,
shall be deemed an estimate for Client budgeting and Data Centric Solutions resource
scheduling purposes and may not be exceeded without prior written approval in non-
electronic form from the Client. Unless otherwise specified in a SOW, Client shall
reimburse Data Centric Solutions for reasonable travel expenses incurred in conjunction
with the services provided. The Client will not be invoiced for expenses exceeding the
estimates designated by a respective SOW without prior written approval in non-
electronic form from the Client. Client will pay all amounts due under this Agreement
within 30 days' from its receipt of Data Centric Solutions' invoice for Services under the
applicable SOW. Data Centric Solutions will invoice the Client no more frequently than
monthly, unless otherwise mutually agreed upon in writing.
Data Centric Solutions / City ofYaluma
Professional Services Agreement
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2.2 Responsibility for Taxes. The Fees payable under this Agreement, unless otherwise
agreed to in writing, do not include applicable sales, use, or any other taxes, duties,
charges or fees of any kind that may be levied in connection with the transactions
contemplated by this Agreement. Exclusive of business and occupations taxes and taxes
based upon Data Centric Solutions' net income, other applicable taxes are the
responsibility of the Client.
2 3 Verification Audits During the Term (defined below) and for two years thereafter,
Data Centric Solutions will keep all usual and proper books and records relating to its
performance under this Agreement. To verify the accuracy of Data Centric Solutions'
invoices under this Agreement, Client may, at its own expense, during the Term and for
two years thereafter audit Data Centric Solutions' books and records to the extent they
are relevant to performance of the Services, its rates, and the hours spent performing the
Services. Any audit under this Section 2.3 will be conducted during regular business
hours at Data Centric Solutions facilities, following at least 2 days written notice by the
Client, and in a manner that does not unreasonably interfere with Data Centric Solutions'
operations. Data Centric Solutions will provide the Client's designated audit team
prompt and reasonable access to all relevant books, records, procedures, and facilities.
3. WORKS MADE FOR HIRE.
All results and proceeds of Data Centric Solutions Services under this Agreement,
including any logic, specifications, schematics, designs, prototypes, reference platforms,
products, software code, documentation, reports, memoranda, studies, plans, and exhibits,
in all stages of completion, and any "Deliverables" as defined in each SOW
(collectively, the "Materials") have been specially ordered or commissioned by the
Client and will be considered "works made for hire" (as such term is defined under U.S.
copyright law) with the Client being the author thereof. To the extent any Materials
include material subject to copyright, mask work, patent, trademark, trade secret, or any
other proprietary rights protection, and such Materials are not owned by the Client as
"works made for hire" under applicable law, Data Centric Solutions hereby irrevocably
and unconditionally assigns to the Client, all rights (including sublicensing rights), title,
and interest in and to all such Materials. Accordingly, without limiting the generality of
the foregoing, the Client will be deemed to own, without any restrictions or limitations
whatsoever, the sole and exclusive rights to prepare derivative works based on the
Materials and to reproduce, adapt, distribute, publicly perform and display, and otherwise
exploit the Materials and such derivative works, by any and all means and in any and all
media now or hereafter known, throughout the world and in perpetuity.
4. RESTRICTIONS REGARDING CERTAIN INFORMATION
4.1 Confidential Information. Except as legally required, both parties agree that neither
party shall directly or indirectly disclose or use any "Confidential Information" without
prior, non -electronic form, written consent from the other party. Confidential
Information is defined as any type of confidential or proprietary information or material
disclosed to or known by the "Recipient" of such information as consequence of or
through its relationship with the party disclosing such information. "Confidential
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Professional Services Agreement
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Information" may consist of information conceived, originated, discovered, or
developed in whole or in part by either party, which is not part of the public domain or
otherwise generally available to the recipient from other independent sources. This may
include but is not limited to information relating to research, development, trade secrets,
know-how, inventions, technical data, hardware, software, source documents, object
codes, manufacture, purchasing, accounting, engineering, marketing and sales, business
strategies, and information entrusted by third parties to the party disclosing such
information.
4.2 Personal Information. In the course of performing Services, Data Centric Solutions
may gain access to "Personal Information", which means data or information
maintained by the Client about individual constituents, customers, employees,
consultants, or partners of the Client. Personal Information includes both (a) information
that identifies or can be used to identify, contact, or locate the person to whom such
information pertains, and (b) aggregated statistical or other information about such
persons. Data Centric Solutions agrees that, as between the parties, the Client exclusively
owns Personal Information and Personal Information is the Client's Confidential
Information. Data Centric Solutions will access Personal Information solely as required
to perform the Services (or otherwise as directed by the Client).
5. TERM AND TERMINATION
5.1 Term. This Agreement becomes effective as of the Effective Date and will continue
in effect until Thirty -Six months from the Effective Date (the "Term"), unless earlier
terminated as provided in this Agreement.
5.2 Termination for Convenience. Either party may terminate this Agreement upon at
least 30 days' written notice, for any reason or for no reason. However, any termination
by Data Centric Solutions under this Section 5.2 will not terminate this Agreement as to
any then -pending SOW until the completion of the Services required under that SOW.
5 3 Termination for Cause. The Client may terminate this Agreement immediately upon
written notice at any time if Data Centric Solutions breaches Section 4 or Section 10
Either party may suspend performance or terminate this Agreement immediately upon
written notice at any time if the other party is in material breach of any other material
term of this Agreement (or any SOW) and has failed to cure that breach within 30 days
after written notice.
5.4 Effect of Termination; Survival. Upon termination or expiration of this Agreement,
the Client will pay all Fees incurred before the effective termination or expiration date.
Subject to Section 5.2 above, all pending SOWs will terminate when this Agreement
terminates. Sections 2 (with regard to amounts incurred before termination or expiration),
3, 4, 8, and 10 will survive any termination or expiration of this Agreement.
6. WARRANTIES
6.1 Data Centric Solutions represents and warrants that- (a) the Services and Materials (i)
do not and will not infringe upon, violate or misappropriate any patent, copyright, trade
Data Centric Solutions / City of Yakima
Professional Services Agreement
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secret, trademark, contract, or any other publicity right, privacy right, or proprietary right
of any third party; and (ii) will not incorporate or be derived from the intellectual
property of any third party, without the Client's prior written consent; (b) the Materials
will be provided to the Client free of all liens, security interests or other encumbrances of
any kind; (c) Data Centric Solutions will provide employees skilled and able to perform
or assist in the provision of the Services; and (d) all of the Services will be performed in a
professional manner and will be of a high grade, nature, and quality.
6.2 Data Centric Solutions and the Client each represents and warrants that: (a) this
Agreement has been duly and validly executed by its respective authorized
representative; (b) it has all necessary power and authority to execute this Agreement and
perform in accordance with this Agreement, (c) its execution and performance of this
Agreement will not conflict with or violate any applicable law, rule or regulation to
which it is subject, or any other agreement or obligation directly or indirectly applicable
to that party or binding upon its assets.
7. LIMITATION OF LIABILITY
CLIENT MUST REPORT DEFICIENCIES IN SERVICES PERFORMED TO DATA
CENTRIC SOLUTIONS WITHIN 60 DAYS OF COMPLETION. CLIENT'S
EXCLUSIVE REMEDY AND DATA CENTRIC SOLUTIONS' ENTIRE LIABILITY
SHALL BE THE REPERFORMANCE OF SPECIFIC SERVICES. IN THE EVENT
THAT DATA CENTRIC SOLUTIONS IS UNABLE TO REPERFROM SERVICES AS
WARRANTED, THE CLIENT SHALL BE ENTITILED TO RECOVER FEES PAID
TO DATA CENTRIC SOLUTIONS APPLICABLE TO THE SPECIFIC DEFICIENT
SERVICES.
IN NO EVENT WILL THE CLIENT BE LIABLE TO DATA CENTRIC SOLUTIONS
UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL
DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT,
INCLUDING DAMAGES FOR LOST PROFITS, LOST BUSINESS OR OTHER
INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF
PRIVACY, AND THE LIKE, EVEN IF THE CLIENT HAS BEEN ADVISED OR IS
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
CLIENT'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR
RELATING TO THIS AGREEMENT EXCEED, IN THE AGGREGATE, FEES
ACTUALLY PAID BY THE CLIENT UNDER THIS AGREEMENT DURING THE
TWELVE-MONTH PERIOD BEFORE THE DATE THE CAUSE OF ACTION
AROSE.
8. INDEMNIFICATION
Data Centric Solutions will hold harmless, indemnify, and (upon the Clients request)
defend through mutually agreeable counsel, the Client, its subsidiary and parent entities,
predecessors, successors, affiliates, and assigns, and all of their respective current and
former officers, directors, members, shareholders, agents, and employees, from Vendor
Claims. "Vendor Claim" means any action, cause of action, suit, proceeding, claim, or
demand of any third party (and all resulting judgments, bona fide settlements, penalties,
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Professional Services Agreement
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damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and
costs)) arising out of Data Centric Solutions' breach of this Agreement. Furthermore, the
Client will hold harmless, indemnify, and (upon the request of Data Centric Solutions)
defend through mutually agreeable counsel, Data Centric Solutions, its subsidiary and
parent entities, predecessors, successors, affiliates, and assigns, and all of their respective
current and former officers, directors, members, shareholders, agents, and employees,
from Client Claims. "Client Claim" means any action, cause of action, suit, proceeding,
claim, or demand of any third party (and all resulting judgments, bona fide settlements,
penalties, damages, losses, liabilities, costs, and expenses (including reasonable
attorneys' fees and costs)) arising out of the Client's breach of this Agreement.
9. INSURANCE
Throughout the Term, Data Centric Solutions will maintain in force insurance policies
with reputable insurers sufficient in coverage and amounts to secure its obligations and
potential liabilities under this Agreement. Without limiting the preceding sentence, Data
Centric Solutions warrants that such insurance will include coverage for Professional
Liability and Errors & Omissions Liability, Commercial General Liability (Occurrence
Form), Automobile Liability, Workers' Compensation (statutory limits), and Employer's
Liability, with minimum limits of $1,000,000 per occurrence, to the extent this
Agreement creates exposures generally covered by these insurance policies. Data Centric
Solutions will be solely responsible for all premiums, deductibles and/or retentions
associated with such insurance. At the Client's request, Data Centric Solutions will
provide to the Client, certificates of insurance evidencing such coverage and naming the
Client as an additional insured under such policies. Failure by the Client to request or by
Data Centric Solutions to furnish, such certificates will not constitute a waiver by the
Client of any insurance requirement. If the Client so requests, Data Centric Solutions
will also provide to the Client, or make available for its review, copies of the insurance
policies.
10. NON -SOLICITATION
10.1 During the provision of the Services and for a period of 6 months thereafter, Data
Centric Solutions agrees not to, except with the prior written consent of the Client,
directly or indirectly solicit any current employee of the Client to become an employee or
individual independent contractor of Data Centric Solutions or of any other person or
entity.
10.2 During the provision of the Services and for a period of 6 months thereafter, Data
Centric Solutions will not, unless the Client gives prior written consent: (a) take any
action calculated to divert from the Client any opportunity within the scope of its then -
current business; or (b) solicit, divert, or in any other manner persuade or attempt to
persuade any Client customer to alter or discontinue its relationship with the Client or to
acquire from a source other than the Client any product or service available for sale by
the Client.
10.3 Data Centric Solutions acknowledges that the covenants in this Section 10 are
reasonable in scope and duration and are necessary to further the Client's legitimate
Data Centric Solutions / City of Yakima
Professional Services Agreement
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interests in protecting Confidential Information, business and goodwill. Data Centric
Solutions acknowledges and agrees that monetary damages may not be a sufficient
remedy for their breach of Section 4 or of this Section 10, and that such breach will cause
the Client immediate and irreparable injury. In such cases, the Client will be entitled,
without waiving or prejudicing any other rights or remedies, to injunctive or equitable
relief.
11. MISCELLANEOUS
11.1 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 OF YAKIMA
TO DATA CENTRIC SOLUTIONS
Richard A. Zais
City Manager
City Hall
129 North 2nd Street
Yakima, Washington 98901
Dawn Johnson
1331 Forest Rock LN
Poulsbo, Washington 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.
11.2 Independent Contractors. Data Centric Solutions is an independent contractor for the
City of Yakima with respect to this Agreement. Except as stated in Section 10, nothing
in this Agreement prohibits either party from participating with one or more third parties
in business arrangements similar to or competitive with those described in this
Agreement. Except as specifically directed in writing by the City of Yakima, Data
Centric Solutions will not enter into any contract, assume any obligations, or make any
warranties or representations on the City of Yakima's behalf, or represent that they are an
agent, employee or representative of the City of Yakima. Subject to Data Centric
Solutions' obligation pursuant to Section 4 with regard to Confidential Information and
Personal Information, nothing in this Agreement restricts either party from acquiring,
licensing, developing, manufacturing, marketing, distributing or otherwise exploiting
services performing the same or similar functions as the services contemplated under this
Agreement. Each party agrees that no joint venture, partnership, franchise, employment
or agency relationship exists between Data Centric Solutions and the City of Yakima as a
result of this Agreement or the performance of the Services.
11.3 Assignment; Subcontractors. Data Centric Solutions will not assign this Agreement
or all or part of its rights or obligations under this Agreement without the Client's prior
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Professional Services Agreement
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written consent Data Centric Solutions will not use any non -employees to perform any
part of the Services without the Client's prior written consent. Data Centric Solutions will
supervise and assure the performance of any part of the Services by any subcontractor
approved pursuant to this Section 11.3 so that this Agreement's requirements (including
the requirements of each applicable SOW) are met. Such consent will not relieve Data
Centric Solutions of its responsibility for the performance of its obligations under this
Agreement, including any portion as to which it retains any approved subcontractor. As
between the parties, Data Centric Solutions is solely responsible for all fees, costs, and
other expenses relating to each approved subcontractor's performance in relation to this
Agreement. Data Centric Solutions acknowledges and agrees that the Client has no
responsibility or liability whatsoever, either to Data Centric Solutions or to third parties,
concerning: (a) the quality of goods and services provided by any approved
subcontractor; and (b) any other acts or omissions of any approved subcontractor. Data
Centric Solutions will have and maintain a binding written agreement with each approved
subcontractor, to remain effective at least concurrently with this Agreement, which
requires the approved subcontractor with regard to the Services it provides to comply
with obligations no less protective of the Client's interests than those imposed on Data
Centric Solutions under this Agreement.
11.4 Governing Law; Jurisdiction. This Agreement will be governed by and construed in
accordance with the laws of the State of Washington as such laws apply to contracts
performed within Washington by its residents. Any dispute arising under, in connection
with, or incident to this Agreement or concerning its interpretation will be resolved
exclusively in the state or federal courts located in Yakima County, Washington, and
Data Centric Solutions irrevocably consents to the exercise of jurisdiction by said courts.
11.5 Waiver. No waiver of any provision of this Agreement will be effective unless it is
in a non -electronic signed writing signed by the waiving party, and no such waiver will
constitute a waiver of any other provision(s) or of the same provision on another
occasion.
11.6 Severability. If a court of competent jurisdiction holds any part of this Agreement to
be illegal, invalid or unenforceable, the remaining terms, covenants, and provisions will
remain in full force and effect and will in no way be impaired, affected or invalidated.
11.7 Construction. The section headings used in this Agreement are for convenience
only, and the parties do not intend that they be used in interpreting this Agreement. Any
list of examples following terms such as "including" or "e.g." is illustrative and not
exhaustive, unless expressly qualified by terms such as "only" or "solely."
11.8 Entire Agreement; Amendments. This Agreement is not an offer by the City of
Yakima and is not effective until signed by both parties. This Agreement, including
SOWs executed by both parties (which are incorporated by this reference), constitutes the
entire agreement between the parties with respect to the Services and Materials and its
other subject matter and supersedes all prior and contemporaneous communications and
proposals, whether electronic, oral or written, between the parties with respect to such
Data Centric Solutions / City of Yakima
Professional Services Agreement
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subject matter. This Agreement may not be modified except by a hard copy written
agreement dated after the Effective Date and signed on behalf of the City of Yakima and
Data Centric Solutions by their respective duly authorized representatives.
11.9 Representations. Both parties represent that (a) Both parties had the opportunity to
review this Agreement with an attorney, or knowingly and voluntarily waived the right to
do so; and (b) Both parties understand this Agreement and acknowledge that the
restrictions in this Agreement are fair and reasonable.
City of Yakima, WA
\kkWt--2
Authorized Signature
Richard A. Zais Jr., City Manager
Print Name & Title
5 i, -t .�. 1, avoS_
Signature Date
Attest:
KAAA—v•-
2
City Clerk
CITY CONTRAC f N0: n'2S $7
RESOLUTION N0: M Ra
Data Centric Solutions
Authorized Si nature
Dawn M. Johnson, Owner
Print Name & Title
Signature Date
Data Centric Solutions / City of Yakima
Professional Services Agreement
Page 8 of 10
Exhibit "A"
STATEMENT OF WORK
Data Centric Solutions
1331 Forest Rock Lane
Poulsbo, WA 98370
To:
City of Yakima
129 North Second St
Yakima, WA 98901
Contact: Rick Pettyjohn
SOW#
Tel: 360-509-1630
Tel: 509-575-6098
This Statement of Work is agreed to pursuant to the Professional Services Agreement dated
(the "Agreement") by and between Data Centric Solutions and the
City of Yakima (the "Client"). Initially capitalized terms that are not defined in this SOW will
have the meaning defined for them in the Agreement.
I. "Services." Data Centric Solutions will perform the following:
A. Scope and Description of the Services.
B. Assumptions
C. Approach and Methodology
D. Schedule
E. Staffing
II. Deliverables. The "Deliverables" will be:
A. Project Status Reporting
B. Deliverables
III. Compensation Terms.
A. Fees. The "Fees" will be:
B. Expenses. The "Expenses" will be the amounts that the City of Yakima agrees to
reimburse to Data Centric Solutions as set forth below.
IV. Other Provisions.
This SOW is valid up to 30 calendar days from the issue date.
This SOW will be in effect beginning on the later of the two signature dates below and
ending when the Services required under this SOW have been completed.
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Professional Services Agreement
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This SOW is "not to exceed" without written approval from the City of Yakima
See associated Professional Services Agreement.
The parties agree to the terms of this SOW.
City of Yakima, WA Data Centric Solutions
Authorized Signature
Richard A. Zais Jr., City Manager
Print Name & Title
SAt o -d-,- —1, D.--0
Signature Date
Attest:
M
Authorized Signature
Dawn M. Johnson, Owner
Print Name & Title
Signature Date
i
City Clerk
Data Centric Solutions 1331 Forest Rock Lane Poulsbo, WA 98370 (360) 509-1630
dawn a:datacentricsolutions.us
CITY CONTRAC f NO: -,',144°K4 --df 7
RESOLUTION NO -A2"7:205:—./39
Data Centric Solutions / City of Yakima
Professional Services Agreement
Page 10 of 10
STATEMENT OF WORK
Data Centric Solutions
1331 Forest Rock Lane
Poulsbo, WA 98370
To:
City of Yakima
129 North Second St
Yakima, WA 98901
Contact: Rick Pettyjohn
SOW# 001
Tel: 360-509-1630
Tel. 509-575-6098
This Statement of Work is agreed to pursuant to the Professional Services Agreement
dated (the "Agreement") by and between Data Centric
Solutions and the City of Yakima (the "Client"). Initially capitalized terms that are not
defined in this SOW will have the meaning defined for them in the Agreement.
I. Description of Services
A. Scope
The City of Yakima has drafted a Request for Proposal ("RFP") in support of the
implementation of a Municipal Management System ("MMS").
The objective of this engagement is to provide the City of Yakima with consulting
services associated with (a) the completion and release of the RFP, (b) the review
of and response to vendor pre -proposal questions, (c) an evaluation and
comparison of received vendor proposals and associated products (d) the short
listing process and final MMS vendor and/or MMS product selection.
Data Centric Solutions' involvement in the RFP and Vendor selection process
will provide the City of Yakima with the high level of expertise necessary to
successfully elicit detailed business process and technical functionality system
definitions necessary to accurately access the viability of each vendor to best meet
the City of Yakima business objectives.
More specifically, Data Centric Solutions will
1. Review the draft RFP and provide the City of Yakima with
recommendations for:
a. Minimum vendor requirements to enable solicitation of the highest
qualified responses
b. City of Yakima critical elements
c. Clear instructions to vendors in order to minimize potential pre -
proposal questions
d Concise representation of Business System Requirements
e. Content and format so that easy comparisons are possible
2. Review Pre -proposal questions and response
3. Evaluate vendor proposals
a. Participation in the MMS implementation committee
b. Assist with the development of a proposal rating matrix
c. Due diligence in research and review of vendor products
4. Provide recommendations towards selection of vendor(s) and/or product(s)
B. Assumptions
As a condition of our involvement on this engagement, Data Centric Solutions
assumes that the City of Yakima will provide the following:
1. Inclusion of Data Centric Solutions on MMS Implementation Committee(s)
2. The projected number of vendor proposals based on the `Notice of Intent to
Submit a Proposal' responses
3. Timely access to pertinent RFP and vendor proposal documents
4. Timely notification of on-site and off-site meetings
C. Approach and Methodology
1. Assist the City of Yakima in devising and developing a workable
vendor/proposal rating matrix.
2. Apply the knowledge gained through 20+ years experience in writing and
responding to RFPs as a business systems analyst, in the product sales and
software development disciplines, to accurately evaluate the thoroughness and
specificity of all submitted proposals.
3 Apply first hand expertise, gained in a municipal product management role,
to the discovery and analysis of vendor capabilities through a review of their
proposals together with the presentation of their products.
4. Review and analyze the submitted proposals and vendor questions from a
business and technology perspective based on an in-depth knowledge of
municipal business applications and an intimate knowledge of the City of
Yakima's specific business requirements.
D. Schedule
1. Between the SOW date and mid-September, 2005, Data Centric Solutions
will review the draft RFP product and provide the MMS Implementation
Committee with recommendations.
2. Cost associated with Data Centric Solutions effort will be re-evaluated,
based on the projected number of proposals to be submitted, after receipt of
vendor's notification of intent to submit proposals in mid October
3. During the 4th quarter of 2005, Data Centric Solutions will assist in the
review and response to RFP pre -proposal questions.
4. Data Centric Solutions will attend an initial MMS Implementation
Committee kick-off meeting and provide recommendations for evaluation
of vendor proposals.
5. During late 2005, and early 2006, Data Centric Solutions will join the MMS
Implementation Committee in the evaluation of vendors based on RFP
response. During this time, Data Centric Solutions anticipates two
additional on-site meetings with the MMS Committee
6. Data Centric Solutions will attend a `vendor fair' held in early 2006, for the
purpose of providing vendor and product evaluations based on vendor
interviews and product demonstrations.
7. Data Centric Solutions will accompany MMS committee members to client
site visits for 'in production' evaluation of each product during the first
quarter of 2006.
8. In approximately March 2006, Data Centric Solutions will participate in an
MMS Committee meeting in support of final vendor selection.
E. Staffing
This project is expected to be staffed by the following Data Centric Solutions
personnel
Dawn Johnson — Business Systems Project Manager and Senior Analyst
II. Deliverables
A. Project Status Reporting
1. Data Centric Solutions will report and make recommendations directly to
the MMS implementation committee and the steering committee.
B. Deliverables
1. Documented RFP comments and recommendations.
2. Written evaluation and oral presentation to the project committees of
vendors and associated products and recommendations towards vendor selection
based on 'best fit' analysis.
III. Compensation Terms
A. The following cost estimates are based on:
1. The receipt of between 10 and 15 vendor proposals
2. Four on-site meetings with the MMS implementation committee
3. Three days on-site for a vendor fair
4. Three client site visits
B. Costs will be re-evaluated in the event that the amount of proposals received
is greater or less than this estimate.
Task Projected Hours
Review the RFP 12
Review Vendor RFP questions 4
Assist in the development of a vendor 8
rating matrix
Review proposals and assist in selecting 45
top three candidate vendors
Meetings with the MMS 12
Implementation Conunittee and Cit•
Users
Vendor Fair. Demos, Site Visits 35
TOTAL ESTIMATED HOURS 116 .h• hourly rate of $130 00 $15.080 00
Estimated Travel Cost $2.000.00
TOTAL COST $17,080.00
IV. Other Provisions
This SOW is valid up to 30 calendar days from the issue date.
This SOW will be in effect beginning on the later of the two signature dates below
and ending when the Services required under this SOW have been completed.
See associated Professional Services Agreement.
The parties agree to the terms of this SOW.
City of Yakima, WA
Authorized Signature
Richard A. Zais Jr., City Manager
Print Name & Title
Data Centric Solutions
Signature Date
Attest:
'eahe-vL-
CITY CONTRAC r NO:
RESOLUTION NO:
57-11
Authorized Signat
Dawn M. Johnson, Owner
Print Name & Title
-Iti-
��
Signature Date
City Clerk
Data Centric Solutions 1331 Forest Rock Lane Poulsbo, WA 98370 (360) 509-1630
dawnnu datacentricsolutions.us
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6
For Meeting Of 09/06/05
1'1EM TI'T'LE: Resolution to Authorize a Professional Services Agreement between the
City of Yakima and Data Centric Solutions for consulting services
related to the RFP process for the Municipal Management System
SUBM111`ED BY: Finance Department
CONTACT PERSON/TELEPHONE:
Rick P ettyjohn, Information Systems Mgr - 575-6098
SUMMARY EXPLANATION: By the end of September 2005, The City will be releasing
a Request For Proposal (RFP) for the Utility and Code Administration/Permitting related
modules of a Municipal Management System (MMS). This is an involved process for a
major software system affecting several City Departments. The attached Resolution and
Contract with Data Centric Solutions are for professional services to assist the City with the
RFP review, response evaluation, and vendor selection. Dawn Johnson, the owner of Data
Centric Solution has extensive experience in both writing RFP's and responding to RFP's
for municipal software.
The contract amount is limited to $17,080 unless written approval is given by the City to
exceed that amount. This amount is based on an estimated ten vendor responses. If the
number of responses significantly exceeds ten, the amount may increase due to the
additional response review requirements. The Resolution establishes an expenditure limit
of $25,000 to cover possible additional costs related to a larger than expected response. The
contract also is for a period of three years to allow for additional MMS implementation
services if necessary. Any additional expenditures associated with this contract will require
a Statement of Work, approved by the City, specifically identifying these additional
requirements.
The MMS project, including this contract, will be funded in Fund 392/Project 2094.
Expenditures from this fund will be reimbursed by the utility departments.
Resolution XX Ordinance Other (Specify)
Contract XX Mail to (name and address): Data Centric Solutions, 1331 Forest Rock
Lane, Poulsbo, WA 98370
Phone: 360-509-1630
Funding Source Fund 392
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Adopt R- u•, • n
BOARD/COMMISSION RECOMMENDATION:
COUNCIL AC:1'ION: Resolution adopted. RESOLUTION NO. R-2005-133