The City of Seattle

Department of Information Technology

And

______

CONSULTANT AGREEMENT

FOR

Accela Implementation Services

AGREEMENT NO. 160188

This Agreement is made and entered into by and between The City of Seattle (“the City”), a Washington municipal corporation, through its Seattle Information Technology Department, as represented by the Chief Technology Officer, and ______(“Consultant”), ______Company of the State of ______and authorized to do business in the State of Washington.
Recitals:
The purpose of this Request for Proposal is to seek proposals from experienced consultant process on implementing critical IT processes including but not limited to IT project intake, IT project portfolio management, IT resource management, and IT business relationship management.

The Consultant was selected from Request for Proposal 160188


In consideration of the terms, conditions, covenants and performance of the Scope of Work contained herein, the City and Consultant mutually agree as follows:

1.  TERM OF AGREEMENT.

The term of this Agreement shall begin when fully executed by all parties and shall end on December 31, 2021 unless amended by written agreement or terminated earlier pursuant to the provisions hereof.

2.  TIME OF BEGINNING AND COMPLETION. The term of this contract will end on December 31, 2021 unless amended by written agreement or terminated earlier pursuant to the provisions hereof.

3.  SCOPE OF WORK.

The Consultant shall perform services and provide deliverables as below:

·  Technical project management and coordination

·  Accela Civic Platform installation and set-up

·  To-be business process analysis and best practice guidance

·  To-be business process documentation

·  Configuration analysis

·  Configuration and development of work flows, record types, business rules, scripts, and expressions in Accela Land Management, Licensing & Case Management, Asset Management, GIS, and Right of Way Management

·  Unit testing and validation

·  Functional and technical interface requirement definition

·  Interface analysis and development for third party data to/from Accela Civic Platform

·  Data mapping and conversion from one or more legacy data sources to Accela

·  Document, letter, and report design specifications and development

·  Accela Citizen Access configuration and deployment

·  Installation and configuration of Accela mobile applications

·  User experience testing, analysis and configuration

·  Comprehensive technical, administrative and end-user training

·  Training and support documentation and resources

·  Test case development and documentation

·  Usability test planning, coordination, and execution

·  User acceptance testing coordination and issue resolution

·  Go-live planning and dry run

·  Production cut-over on go-live

·  Post-implementation onsite support

Experience with the following is desired:

·  Clients who have an enterprise Accela platform/license with departments utilizing a shared environment

·  Clients who have at least 1,000 employees

·  Implementation of Accela mobile solutions

·  Clients who share use of Accela with one or more external public agencies (superagency model)

·  Regulatory business licensing and enforcement processes (e.g. taxi, marijuana, short term rental)

·  Fire pre-inspection and permitting processes

·  Accela Civic Platform version 8.0 or higher

Examples of proposed and/or representative projects:

Integrated Code Management System (ICMS), Department of Finance and Administrative Services (FAS)

The ICMS project will replace several stand-alone databases and manual processes and implement the Accela solution in the Regulatory and Consumer Protection Division (RCCP) in FAS. The scope includes application/issuance/renewal of regulatory licenses, billing and payments, inspections, code enforcement, case management, reporting and data analytics, and field mobility solutions. The system will be shared with King County Records and Licensing Services (RALS) division for joint administration of the for-hire industry regulatory program.

The project will be implemented in two phases:

·  Phase 1: The initial system implementation will build the foundational elements of the platform and implement the for-hire company, driver and vehicle regulatory program (includes taxi, for-hire, and transportation network companies).

·  Phase 2: This phase will develop a road map for adding regulatory programs onto the platform and implement the identified programs, e.g. marijuana, short term rental, adult entertainment.

Inspection Pre-Incident Database (IPD), Seattle Fire Department

This project will implement a system to replace the Inspection Pre-Incident Database (IPD) currently in Access. IPD is used to track building inspections performed by Operations as well as some performed by the Fire Marshall’s Office. There are approximately 30,000 inspections tracked and followed up on annually. The system will retain current IPD functionality, add mobile capabilities for field inspections, and electronically generate Notices of Violations. More robust records retention, advanced search capabilities and improved data quality are expected outcomes.

Street Use Permitting Upgrade, Seattle Department of Transportation (SDOT)

The SDOT Street Use Permitting Upgrade project will implement the Accela solution for Street Use permits, Urban Forestry permits and a subset of Traffic permits. This is a complex, highly visible project with multiple external interfaces, data conversion, mobile field access, GIS mapping, electronic plan management, and business process improvements. Requirements gathering is targeted to be completed by August 2017 and a solution vendor selected in the same timeframe.

Environmental Compliance Application, Seattle Public Utilities (SPU)

This project will streamline and modernize data collection and business processes to support SPU business inspections, storm water facility inspections, water quality complaint response and spill response. The project will implement a fully-supported mobile platform that enables inspectors to access email, calendars, GIS, and the inspection databases while in the field. The system must track and report on these inspections to meet management and regulatory requirements.

Inspection work is conducted by a team of 10 Source Control Inspectors who conduct an average of 1,850 inspections per year. Currently, Inspectors fill out paper forms while in the field and then return to the office to input that same data as well as photos into a database, respond to customer calls, write letters, etc. This work is currently supported by two Access databases.

4.  SERVICE ORDER REQUEST PROCESS

Consultant Services shall not begin on any Scope of Work task until a formal signed Service Order is issued by the City’s designated Project Manager. The Service Order(s) shall provide authorization to the Consultant to proceed with specifically identified tasks. Unless additional Contract Amendments are approved by the City, Service Orders may only be issued for tasks expressly defined in the Scope of Work. Such tasks shall be in accordance with the duration of days provided for in the Scope of Work incorporated by this reference, or as otherwise mutually agreed.

Each service order shall be subject to all the terms and conditions of this Contract, and incorporated into this Contract by this reference.

The City may choose to authorize all, some or none of the tasks. The Vendor agrees that the City is not obligated to authorize any tasks. The City’s decision to issue Service Orders that authorize all, some or no tasks in this contract Scope of Work will not increase the costs to the City as they are presented in this Contract’s Pricing Rate Sheets. No other damages or costs are incurred by the Consultant by the City decisions to authorize or not authorize tasks.

If a change to a Service Order is required, the City’s designated Project Manager may authorize a Change Order, which may add, delete or modify any part of any Service Order by giving Consultant notice of such change within the time period specified in the applicable Service Order. Within seven (7) days after the date of such notice, the Consultant shall deliver to the City Project Manager an amended Service Order reflecting the change in description, schedule and/or dollar amount due using the unit prices as proposed for the specific service order in Consultant’s Proposal, subject to an equitable adjustment for service scheduled and can’t be unscheduled or performed prior to receipt of the change notice and other factors reasonably affecting the Consultant’s cost or time of performance. For any subsequent service order(s) requested by either party, the Consultant shall submit a detailed proposal for the change. The Consultant shall analyze, record, estimate and submit to the City, for its approval, the proposed scope for the changed or new service, a service schedule, and a rate or price adjustment in accordance to Pricing Rate Sheets, for completion of the service to be changed or added. Once this proposal is received and approved by the City, a new service order will be issued for the changed or additional service. Upon the City’s written approval and notice to proceed, the Vendor shall implement the change or additional service and invoice for the changed or additional service consistent with the City’s approval notice and the terms and conditions of this Contract.


The City may, at its option, add, delete or modify any part of any service order by giving Consultant notice of such change within the time-period specified in the applicable service order. Within seven (7) days after the date of such notice, the Vendor shall deliver to the City an amended service order reflecting the change in description, schedule and/or dollar amount due using the unit prices as proposed for the specific service order in Consultant’s Proposal.

The Consultant shall not proceed unless authorized by a mutually agreed upon amendment. Such extra service shall authorized in writing only by the Seattle IT Contracting Advisor, Seattle Information Technology Department. Any costs incurred due to the performance of extra service will not be reimbursed until or unless an amendment is agreed upon.

5.  PAYMENT.

The Consultants shall provide a maximum rate sheet pursuant to RFP 160188. The rate sheet shall not increase during the term of Agreement.


The parties agree that the rate includes all direct, indirect, and overhead costs, including travel and living expenses, incurred by the Consultant in performance of the Services.
The Consultant agrees that there is no guarantee of a minimum amount of work or payment under this Agreement.
Price Warranty: The Consultant warrants that the prices for the services provided to the City hereunder are not less favorable that those currently extended to any other customer for the same or similar items in similar quantities. The Consultant warrants that prices are complete, and that no additional charge of any type shall be added without the City’s express written consent.

Price Reductions: In the event during the term of this Agreement the Consultant enters into lower pricing agreements with a customer, including the City of Seattle, the Consultant shall promptly notify the City and offer such lower pricing to the City.

6.  PROMPT PAY


Definitions

A.  An invoice is considered received when it is date-stamped at point of entry into the department. If the invoice is not date-stamped or otherwise marked as received by a department, the date of the invoice will be considered the date the invoice is received.

B.  A payment is considered made on the day it is mailed or is available.

C.  Disputed items include, but are not restricted to, improperly prepared invoices, lack of appropriate supporting documentation, unapproved staff or staff rates on the invoice, and unsatisfactory work product or services.

Prompt Payment to Consultant

A.  Timely Payment: Except as provided otherwise herein, payment for an invoice will be made to the Consultant within thirty (30) calendar days of receipt of the invoice.

B.  Disputed Items: The City may withhold payment for disputed items. The City will promptly notify the Consultant in writing, outlining the disputed items, the amount withheld and actions the Consultant must take to resolve the disputed items. The City default is to delay payment until a revised invoice is submitted and approved. However, the Consultant may request partial payment for the approved amounts, if the unapproved amount represents a small share of the total invoice. The City shall pay the revised invoice within thirty (30) calendar days of receipt.

C.  Legal Fees: In any action brought to collect interest due under this Section, the prevailing party is entitled to an award of reasonable attorney fees.

Prompt Payment to Subconsultants

A.  Cut-Off Date: Except as provided otherwise herein, payment for an invoice will be made to a subconsultant within thirty (30) calendar days of receipt by the Consultant. The Consultant may establish a monthly cut-off date of (to be established by Prime) that subconsualtants must submit an invoice in order to assure 30-day payment.

B.  Disputed Items: The Consultant may withhold payment for disputed items. The Consultant will promptly notify the subconsultant in writing, outlining disputed items, the amount withheld and actions the subconsultant must take to resolve the disputed item(s). Such withheld amounts are limited only to items in dispute. The subconsultant can request partial payment for the approved amounts, or that the Consultant delay their entire payment until a revised invoice is submitted to and accepted by the Consultant. The Consultant shall pay the revised invoice within thirty (30) calendar days of receipt.

C.  Flow-Down Clauses: The Consultant shall require this provision in each subcontract of any tier.

7.  CONTRACT PAYMENTS REPORTING REQUIREMENTS.

When submitting each invoice to the City for payment, the Consultant must complete an on-line Subconsultant Payment Report to record all payments to subconsultants at http://web6.seattle.gov/FAS/CIDCC. A unique Purchase Order number is required which may be obtained from http://web6.seattle.gov/fas/summitpan/R297/R297.aspx. Contact Steven Larson (206) 684-4529 or Miguel Beltran (206) 684-4525 for assistance.

The Consultant shall ensure that all subconsultants are registered to the City’s Online Business Directory prior to completing the online report, at http://www.seattle.gov/contracting/registration.htm.

8.  PAYMENT PROCEDURES.
The Consultant shall submit invoices after completion of a deliverable for a fixed price contract. The invoices should be submitted to:

Seattle Information Technology Department

Accounts Payable Unit

PO Box 94709

Seattle, WA 98124-4709

Attn: AP Section

206-684-0600

See attached checklist for further instructions.

Invoices must clearly display the following (sub-consultants' invoices must also include this information):
·  Invoice Date and Invoice Number
·  City Project Manager Name:
(Do not send the invoice to the Project Manager)
·  Department Contract No.
·  Contract Title
·  Period covered by the invoice
·  Task # and title
·  Consultant’s employee's name and classification
·  Employee's all-inclusive hourly rate and # of hours worked
·  Total labor costs per task
·  Itemization of direct, non-salary costs (per task, if so allocated)
·  The following Sub-Consultant payment information will be provided (attach Sub- Consultant invoices as backup):
o  Amount Paid to all Sub-Consultants for the invoice period (list separate totals for each Sub-Consultant).
o  Cumulative To-Date amount paid to all Sub-Consultants (list separate totals for each Sub-Consultant).
·  Cumulative costs per task and for the total project

9.  ADDRESSES FOR NOTICES.