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True Point Solutions ~ C140004
City of Tigard 13125 SW Hall Blvd. 97 9 - '� CONTRACT CHANGE ORDER Tigard,Oregon 97223 'i Phone- (503) 639-4171 AMENDMENT SUMMARY FORM Fax-- (50 639- 1 www.ti rd-or. ov Project Title: Accela On-Going Service & Support Project Manager: Dianna Howse Contractor: TruePoint Solutions Original Contract #: C140004 Effective Dates: 07/01/2013 —06/30/2014 Chane Order/Amendment Amount: $2,400.00 Accounting String: 600-2300-56004 Amendment Percentage Running Total: % AMENDMENT DETAILS Increase contract amount b $2,400.00 from$9,975.00 to $12,375.00 to cover additional ongoing services for technical support of permit tracking system, online permit services and report writing. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Additional ongoing Accela technical support 1 16 150.00 $2,400.00 REASONING FOR CHANGE ORDER/AMENDMENT Cover additional ongoing services for technical support of permit tracking system, online ern-Lit services and report writing. REQUESTING PROJECT MANAGER APPROVING CITY STA)iF Signature Si afore 06/23/2014 2� Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for the work. The unit pricing in the original contract shall apply to Signature all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed the project's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT ACCELA ON-GOING SERVICE AND SUPPORT AMENDMENT#C140004 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and TruePoint Solutions, hereinafter referred to as Contractor, entered into on the 15C day of July, 2013,is hereby amended as follows: City agrees to pay Contractor an amount not to exceed Nifte Thousand -Nine 14ttndred Seventy Five an 00,1100 F)ollars ) Twelve Thousand `l"hree Hundred Se`entp-Fiv e and 00/100 Dollars ($12,375.00) for performance of those services described in this Agreement. IN FITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARDTRUE DINT S TI NS Signature Si afore Printed Name / Printed Name Date Date ITY oiF TiGARDOREGON CONTRACT SUMMARY FARM (FORM MUSTAccomPANYR4cmCONTRA CTFORAuTHORrzATION)C. Contract Title: On-Going Service&Support for Accela Number: Contractor: TruePoint Solutions Contract Total.: $9,975,00 Contract Overview: This contract is for annual on-going service and technical support of the Accela Land Management permit tracking system and Citizen.Access online permit system. Type: ❑ Purchase Agreement Start Date: July 1,2013 End Date: June 20,2014 X Personal Service ❑ Public Improvement LCRB Award: Departmen ❑ IGA ❑ Other: Contract Manager:_, . Quotes/Bids/Proposal: FIRM AN10-UNT/SQ0RE TruePoint Solutions9 975.00 Account String: Fund-Division-Account Project-Fund-Phase --Amount Year 1 ro - Year1 600-2300-56004 Year 2 dr Year 3 Year 4 Year 5 Anne Department Comments: TruePoint Solutions was the consultant on the implementation of the Accela permit tracking system and has provided excellent and efficient on-going support since 7/1/2009. They are also the implementation expert for the city's Accela online services software for code compliance and building permits online. Department Signature: 'y It Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting acrd Parchasing Office along with a completed Contract Checklist. �y cooq Contract CITY OF TIGARD,OREGON PERSONAL SERVICEs AGREEMENT ACCELA ON-GOING SERVICE AND SUPPORT THIS AGREEMENT made and entered into this 1st day of July,2013 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and TruePoint Solutions,hereinafter called Contractor. RECITALS WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and WHEREAS, City has determined that Contractor is qualified and capable of performing the. professional services as City does hereinafter require,under those terms and conditions set forth: THEREFORE, the parties agree as follows: SCOPE OF WORK Contractor shall initiate services upon receipt of City's notice to proceed together with an executed copy of this Agreement Contractor agrees to complete work that is detailed in Exhibit A — Scope of Work and by this reference made a part hereof. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise terminated or extended, on June 30, 2014. All work under this Agreement shall be completed prior to the expiration of this Agreement. COMPENSATION City agrees to pay Contractor an amount not to exceed Nine thousand nine hundred seventy-five Dollars ($9,975.00) for performance of those services described in this Agreement. Payment will be made based on Contractor's invoice, subject to the approval of the City, and not more frequently than monthly. Payment shall be payable within thirty (30) days from the date of the Contractor's invoice. CONTACT INFORMATION All notices,bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The following addresses and contacts shall be used to transmit notices,bills,payments,and other information: CITY OF TIGARD CONTRACTOR Attn: Dianna Howse Attn: Keith Hobda Address: 13125 SW Hall Boulevard Address: 3272 Penryn Rd.,Suite 100-5 Tigard, Oregon 97223 Loomis, CA 95650 Phone: 503 718-2430 Phone: 916 600--4993 Fax: 503 598-1960 Fax: Email: dianna@figard-or.gov Email: khobday@truepointsolutions.com CONTRACTOR As INDEPENDENT CONTRACTOR Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of lav or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or,to a third party) as a result of said finding. Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an officer, employee,or agent of the City as those terms are used in ORS 30.265. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws,it being understood that acceptance of a contractor's work by City shall not operate as a waiver or release. Contractor and City agree to indemnify and defend the other, and the other's officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both ttial and appeal level, whether or nota trial or appeal ever takes place) incurred by the party being indemnified resulting from the indemnifying party's acts (or failure to act when action is appropriate) that may be asserted by any person or entity which in any way arise from or relate to this Agreement or the performance of obligations under this agreement, except liability arising out of the sole negligence of the party being indemnified. The indemnification by Contractor of the City shall also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: 1. Commercial General Liability Insurance Contractor shall obtain, at Contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Personal Services Agreement—Short Form 2 1 P a g e Revision Date: 12/20/2012 Coverage Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 500,000 Each Occurrence 1,004,000 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 2. Business Automobile Liability Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the. contract, Commercial Automobile. Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured. If Contractor hires a carrier to make delivery,Contractor shall ensure that said carrier complies with this paragraph. 3. Workers' Compensation Insurance The Contractor and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with DRS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than$500,000 each accident. 4. Insurance Carrier Rating Coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. S. Certificates of Insurance or Copies of Auto Insurance Coverage As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance or copies of their auto insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury,or loss caused by negligence or neglect connected with this contract. TERMINATION The parties agree that any decision by either party to terminate this Agreement either before the work is completed or the 30th day of June, 2014 shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services rendered prorated to the date of termination. AGREEMENT MODIFICATIONS Modifications to this Agreement are valid only if made in writing and signed by all parties. Personal Services Agreement—Short Form 31 o' a ± c Revision Date: 12/20/2012 OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which result from this Agreement,including any computations,plans,correspondence or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. GOVERNING 1 A. Contractor shall comply with all applicable federal, state and local laws;and rules and regulations on non-discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition or disability. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. All provisions required by QRS Chapters 279A, 279B, and 2790 to be included in a contract of this type are incorporated into this Agreement as though fully set forth herein. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. CONDITIONS OF SUPPLYING A PUBLIC AGENC Where applicable, Contractor must make payment promptly as due to persons supplying Contractor labor or materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be fiu nished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. COMPLETE AGREEMENT This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that they have read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITLESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this agreement on the date hereinabove first written. CITY OF TIGARD (CORACTO By: Authorized City staff By Autho d Agent of Contractor Date Date Personal Services Agreement—Short Form 41 P a e Revision Date: 12/20/2012 Truent; ■ Solutions The City of Tigard, OR [fin-Going Service and Support Proposal for TruePoint Solutions June 13, 2013 TruePoint Solutions 1 T�MVW.TruelPointSolutions.Corn 916 600-4993 Truerint ° Solutions Table of Contents 1. Background & Qualifications...................................................... 3 TruePaint Company History........................................................................................3 Il. Understanding of City needs .................................................... 4 Proposed Services............................................................... ................................ 4 Costs..........................................................................................................................4 ITruePoint Solutions 2 WW.TruePaintSoiutions.Gorr� (91 6)_600-4993 True o nt; Solutions a 1. Background & Qualifications TruePoint Company History TruePoint Solutions, LLC is a privately held software and solutions company based in the Sacramento region. We bring an unparalleled level of experience designing, developing, implementing, and supporting complex government IT solutions. Many of our team members have over 20 years of public sector IT experience. TruePoint was established in 2004 and became an Accela certified implementation partner in 2005. TruePoint has worked on a number of Accela implementations across the US and has in-depth experience helping Cities and Counties become successful with the Accela Automation product line. Currently TruePoint was worked with the following agencies. Accela Projects • City ofXameda,CA Adams County,CO c. City and County of Denver • City of Atlanta,GA Bexar County,TX • City ofAsheville,NC " Boulder County,CO G Town of Los Gatos,CA • City of Clearwater,FL • City of Corvallis,OR Buncombe County,NC c Town of Paradise,CAA • City of EI Paso,Tx w Clackamas County.OR • City of Fort Collins,CD Carroll County,MD G State of Montana A City of Grass Valley,CA o Cobb County,GA DC-OSSE • City of Hesperia,CA • City of Indianapolis,IN Contra Costa County,CA c Tahoe Regional Planning Authority • City of Martinez.CA z Gwinnett County,GA • City of Maryland Heights,MO z King County,WA > City of McAllen,Tx w Maricopa County,AZ i City of New York City,NY w Marion County,IN 3 City of Oklahoma City,OK „ Monterey County,CA 9 City of Ontario,CA • City of Palo Alto,CA W Napa County,CA ➢ City of Peoria,AZ W Pinaf County,AZ a City of Pleasanton,CA W Sacramento County,CA >, City of Pleasant Hill,CA r San Diego County,CA > City of Reno, i City of Sacramento,CA a, Stanislaus County,CA City of Santa Monica,CA r Weld County,CO > City of Tigard,OR a City of Virginia Beach,VA > City of Watertown,WI TruePoint has been involved with the City of Tigard's Accela Automation implementation since 2008 and has significant knowledge regarding the setup, configuration, and operating goals and objectives of the departments utilizing Accela. TruePoint believes there can be considerable benefit to the City from our ongoing relationship as a service provider. TruePoint Solutions 3 f------W-NW.TruePointSoiutions.Com 916 600-4993 T rU�+alnti ,. Solutions II, Understanding of City meds TruePoint Solutions appreciates the opportunity to continue to work with the City of Tigard and can continue to help in a number of areas that include: • Day-to-day on-call support • Creation of Event Scripts to streamline system operation • Creation of Crystal Reports • Updates or changes to existing Crystal Reports • Yearly edits to fees based on new ordinances or internal changes • Support on day-to-day request and enhancement opportunities from internal customers to expand the use of Accela to other departments. Proposed Services As Deeded Expert Support TruePoint has in depth knowledge of the current City of Tigard configuration. This service will provide day-to-day on call support above and beyond what is provided by Accela CRC. It will also provide a budget to continually enhance and expand the City's Accela configuration. • System configuration changes that include reworking and minimizing the current number of application types in the system and replacing many of the event scripts in the system with new standard functionality • Day-to-day phone support and issue resolution • ©n-site support when needed for upgrades or major problems with the system • Support when the annual fee schedules will need to be updated or reconfigured in Accela. • Report creation support and assistance if needed • End user or administrator training when needed Costs As Needed Expert Support Consulting Services 66.5 $150 $9,975 TruePoint Solutions 4 WW.TruePointSolutions.Com _7916 6Q0-4993