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HomeMy WebLinkAbout4286 Resolution - Carahsoft Technology Corp. OpenGov Permitting Licensing and Code Enforcement Software Contract RESOLUTION NO.4286 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT WITH CARAHSOFT TECHNOLOGY CORPORATION FOR OPENGOV PERMITTING, BUSINESS LICENSING AND CODE ENFORCEMENT SOFTWARE. WHEREAS, the City of Pasco, Washington determined a need to replace its old permitting, business licensing and code enforcement records software, Trakit, as it is no longer adequately supported by the company that created it; and WHEREAS, City staff reviewed and received demonstrations of three (3) new software programs that support the needs of the City's permitting,business licensing and code enforcement records software and determined that OpenGov software from Carahsoft Technology meets the current needs of the City, as well as providing additional modules to support tasks within the Community and Economic Development Department; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into a contract with Carahsoft Technology Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the software contract between the City of Pasco and Carahsoft Technology Corporation,as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Contract on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Contract. PASSED by the City Council of the City of Pasco, Washington on this Sth day of December, 202�,_� - „_ _ �,` "1 Blanc e Barajas Mayor ATTEST: APPROVED AS TO FO M: J ,� � � , �t''w Y � Debra Barham, CMC Kerr Fergus w, PLLC City Clerk City A �eys Resolution—OpenGov Software for CED Department- 1 PARTICIPATING ADDENDUM NASPO ValuePoint CLOUD$OLUTIONS 2016-2026 Administered by the State of Utah (hereinafter "Lead State") MASTER AGREEMENT Master Agreement No: AR2472 Carahsoft Technology Corporation (hereinafter"Contractor") and State of Washington (hereinafter "Participating State") Washington Master Contract No.: 05116 This Participating Addendum for the above referenced Master Agreement ("Participating Addendum") is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services"j and Carahsoft Technology Corporation,a Maryland corporation ("Contractor")and is dated and effective as of August 1, 2017. 1. ScoPe: This Participating Addendum covers Cloud Solutions led by the State of Utah for use by state agencies and other entities located in the Participating State authorized by that state's statutes to utilize state contracts with the prior approval of the State's chief procurement official. 2. PARTICIPATION: Use of specific NASPO ValuePoint cooperative contracts by agencies, political subdivisions and other entities(including cooperatives) authorized by an individual state's statutes to use state contracts are subject to the prior approval of the respective State chief procurement official. Issues of interpretation and eligibility for participation are solely within the authority of the State chief procurement official. Pursuant to this Participating Addendum,the Master Agreement may be utilized by the following("Purchasing Entities"): (a) WASHINGTON STATE AGENCIES. Washington state agencies, departments, offices, divisions, boards, and commission; and any the following institutions of higher education in Washington: state universities, regional universities, state college, community colleges, and technical colleges. (b) MCUA PART�Es. The Master Agreement also may be utilized by any of the following types of entities that have executed a Master Contract Usage Agreement (MCUA) with Enterprise Services: ■ Political subdivisions (e.g., counties, cities,school districts, public utility districts); ■ Federal governmental agencies or entities; ■ Public-benefit nonprofit corporations (i.e., § 501(c) (3) nonprofit corporations that receive federal, state, or local funding); and PARTICIPATING ADDENDUM—N0.O$11E:CARAHSOFTTECHNOLOGY CORPORATION Page 1 (11-1-2016) ■ Federally-recognized Indian Tribes located in the State of Washington. 3. PARTICIPATING STATE MODIFICATIONS OR ADDITIONS TO MASTER AGREEMENT: 3.1. WASHINGTON'S ELECTRONIC BUSINESS SOLU710NS (WEBS) SYSTEM: Within seven (7) days of execution of this Participating Addendum,Contractor shall register in the Washington State Department of Enterprise Services' Electronic Business Solutions (WEBS) System at https://fortress.wa.�ov/�a/webs/. Contractor shall ensure that all of its information therein is current and accurate and that,throughout the term of the Master Agreement,Contractor shall maintain an accurate profile in WEBS. 3.2. WASHINGTON'S STATEWIDE PAYEE DESK: TO bE(781d fOP COnt�2Ct 58I25,Contractors must register with Washington's Statewide Payee Desk. Washington state agencies cannot make payments to a contractor until it is registered. Registration materials are available here: Receivin Pa ment from the State. 3.3. CONTRACT SALES REPORTING. Contractor shall report total contract sales quarterly to Enterprise Services,as set forth below. (a) REPORTING. Contractor shall report quarterly Contract sales in Enterprise Services' Contract Sales Reportin� Svstem. Enterprise Services will provide Contractor with a login password and a vendor number. (b) DATA. Each sales report must identify every authorized Purchasing Entity by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e., sales of an entire agency or political subdivision, not its individual subsections). The "Miscellaneous" option may be used only with prior approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized Purchasing Entities specified herein during the term of this Participating Addendum. Refer sales reporting questions to the Primary Contact set forth below. If there are no contract sales during the reporting period,Contractor must report zero sales. (C� DUE DATES FOR CONTRACT SALES REPORTING. QU21't2fly C011t1'dCt SdI2S RepOrtS PYlUSt I7e submitted electronically by the following deadlines for all sales invoiced during the applicable calendar quarter: For Caiendar Quarter Ending Contract Sales Report Due March 31 April 30 June 30 July 31 September 30 October 31 December 31 January 31 3.4. VENooR MaNaGEMENr FeE: Contractor shall pay to Enterprise Services a vendor management fee("VMF") of 1.5 percent on the purchase price for all contract sales (the purchase price is the total invoice price less applicable sales tax). (a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated as follows: Amount owed to Enterprise Services=Total contract sales invoiced (not including sales tax)x.015 PARTICIPATING ADDENDUM—NO.05116:CARAHSOFf TECHNOLOGY CORPORATION Page 2 (11-1-2016) , (b) The VMF must be rolled into Contractor's current pricing. The VMF must not be shown as a separate line item on any invoice unless specifically requested and approved by Enterprise Services. (c) Enterprise Services will invoice Contractor quarterly based on contract sales reported by Contractor. Contractor shall not remit payment until it receives an invoice from Enterprise Services. Contractor's VMF payment to Enterprise Services must reference the following: ■ This Washington Master Contract No.: 05116 ■ The NASPO Master Agreement No.: AR2472 ■ The year and quarter for which the VMF is being remitted, and ■ Contractor's name as set forth in this Contract, if not already included on the face of the check. (d) Contractor's failure accurately and timely to report total net sales, to submit usage reports, or remit payment of the VMF to Enterprise Services, may be cause for suspension or termination of this Participating Addendum or the exercise of any other remedies as provided by law. (e) Enterprise Services reserves the right, upon thirty (30) days advance written notice, to increase, reduce,or eliminate the VMF for subsequent purchases. (f) For purposes of the VMF,the parties agree that the initial management fee is included in the pricing. Therefore, any increase or reduction of the management fee must be reflected in contract pricing commensurate with the adjustment. 3.5. COMPLIANCE WITH LAW; TAXES, LICENSES, & REGISTRATION: C011tl'BCtOY Sh211 comply with all applicable law. Contractor shall register to conduct business in the State of Washington and promptly acquire and maintain all necessary licenses and registrations and pay all applicable taxes and fees. In addition,for all sales to purchasers in the State of Washington,Contractor shall calculate,collect,and remit, as appropriate,the applicable state and local sales tax on all invoices. 3.6. COMPLIANCE WITH PARTICIPATING STATE'S(WASHINGTON'S)STATEWIDE IT POLICIES: Contractor shall comply with Participating State's statewide information technology policies, as applicable, for Purchasing Entities — promulgated by Washington's Office of the Chief Information Officer (OCI00. Such policies are located on the OCIO website at: htt s: ocio.wa. ov olicies. These policies include, but are not limited to,the following: ■ Security Policy 141 ■ Accessibility Policy 188 Prior to final execution of a Purchasing Entities'contract with a Contractor,the Contractor's application(s) will be subject to a Security Design Review performed by Washington Consolidated Technology Services to ensure compliance with Office of the Chief Information Officer(OCIO)Security Policies. 4. LEASE AGREEMENTS: L2851C1g, renting, or purchasing equipment is not allowed throughout the term of the Master Agreement. PARTICIPATING ADDENDUM-NO.05116:CARAHSOFTTECHNOLOGY CORPORATION Page 3 (11-1-2016) 5. PRIMARY CONTACTS: The primary contact individuals for this Participating Addendum are as follows(or their named successors): Contractor Participating State Carahsoft Technology Corporation State of Washington 1860 Michael Faraday Drive,Suite 100 Department of Enterprise Services Reston,VA 20190 Contracts, Procurement and Risk Mgmt. P.O. Box 41411 Olympia,WA 98504-1411 Contract Management Attn: Mike Dombrowsky Attn: Bethany Blackwell Tel: (360)407-8717 Tel: (703) 230-7453 Email: mike.dombrowkv@des.wa.�ov Email: NAPSO@carahsoft.com Legal Notice Attn: Robert Moore,Vice President 6. FULFILLMENT PARTNER: All Contractor's Distributors authorized in the State of Washington,as shown on the dedicated Contractor NASPO ValuePoint website, are approved to provide sales and service support to participants in the NASPO ValuePoint Master Agreement. The Contractor's Distributor's participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement. 7. ORDERS: Unless the parties to the Order agree in writing that another contract or agreement applies to such order, any Order placed by a Participating Entity or Purchasing Entity for a Product and/or Service available from this Master Agreement shall be deemed to be a sale under (and governed by the prices and other terms and conditions of) the Master Agreement as conditioned by this Participating Addendum. S. GENERAL: (8� INTEGRATED AGREEMENT; MODIFICATION. This Participating Addendum and Master Agreement, together with its exhibits, set forth the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. This Participating Addendum may not be modified except in writing signed by the Parties. (b) AuTHORirr. Each party to this Participating Addendum, and each individual signing on behalf of each party,hereby represents and warrants to the other that it has full power and authority to enter inta this Participating Addendum and that its execution, delivery, and performance of this Participating Addendum has been fully authorized and approved, and that no further approvals or consents are required to bind such party. (c) ELECTRONIC SIGNATURES. A signed copy of this Participating Addendum or any other ancillary agreement transmitted by facsimile,email,or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Participating Addendum or such other ancillary agreement for all purposes. PARTICIPATING ADDENDUM-N0.05116:CARAHSOFf TECHNOLOGY CORPORATION Page 4 (11-1-2016) (d) COUNTERPARTS. This Participating Addendum may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Participating Addendum at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Participating Addendum. ExEcuTeo as of the date and year first above written. STATE OF WASHINGTON CARAHSOFT TECHNOLOGY CORPORATION, DEPARTMENT OF ENTERPRISE SERVICES A MARYLAND CORPORATION y �G � By: By: Scott Smith Robert Moore Its: State IT Procurement Manager Its: Vice President PARTICIPATING ADDENDUM-NO.05116:CARAHSOFf TECHNOLOGY CORPORAT�ON Page 5 (11-1-2016) State of Washington PARTICIPATING ADDENDUM AMENDME�NT Contracts, Procurement,& Risk Management Division Department of Enterprise Services Contract No.: 05116 P.O. Box 41411 Olympia,WA 98504-1411 NASPO No.: AR2472 Amendment No.: 1 Carahsoft Technology Corporation 1860 Michael Faraday Drive, Suite 100 Reston,VA 20190 Effective Date: July 1, 2017 FIRST AMENDMENT TO PARTICIPATING ADDENDUM FOR NASPO VALUEPOINT MASTER AGREEMENT NO.AR2472 STATE OF WASHINGTON CONTRACT NO.05116 CLOUD SOLUTIONS This First Amendment ("Amendment") to the State of Washington's Participating Addendum for NASPO ValuePoint Master Agreement No.AR2472 and State of Washington Contract No. 05116 is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("State") and Carahsoft Technology Corporation, a Maryland corporation ("Contractor")and is effective as of July 1, 2017. RECITALS A. Master Agreement No.AR2472 is a NASPO ValuePoint cooperative contract led by the State of Utah. B. The State and Contractor (collectively the "Parties") entered into that certain Participating Addendum effective August 1,2017 pursuant to which the State of Washington and its authorized purchasers could use the above referenced NASPO ValuePoint Master Agreement and State Contract. C. The amendment set forth herein is within the scope of the Participating Addendum. D. The Parties now desire to amend the Participating Addendum as set forth herein. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree to amend the Contract,as previously amended,as follows: CoNrRacr No.05116 AMENDMENT No.1 Page 1 (4-24-2017) 1. Pav EcivauTv.The Participating Addendum is amended to add the following section: 3.7. PAY EQu,4��Tv. Contractor represents and warrants that, as required by Washington state law(Laws of 2017, Chap. 1, § 147), during the term of this Participating Addendum for the time period of July 1, 2017 through June 30, 2019, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equal5. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the perFormance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production;a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job-related factor or factors may include, but not be limited to, education,training, or experience,that is: consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty (30) days, Enterprise Services may suspend or terminate this Participating Addendum and any Purchaser hereunder similarly may suspend or terminate its use of the Participating Addendum and/or any agreement entered into pursuant to the Participating Addendum. 2. NO CHANGE OTHER THAN AMENDMENT. EXCept 85 BCYlellded F1e1'elfl, the Participating Addendum is unafFected and remains in full force and effect. 3. INTEGRATED AGREEMENT; Mo�iFicaTioN. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter and supersedes all prior negotiations and representations. In the event of any conflict between this Amendment and the Participating Addendum or any earlier amendment, this Amendment shall control and govern. This Amendment may not be modified except in writing signed by the Parties. 4. AuTHORiTv. Each parry to this Amendment, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully authorized and approved, and that no further approvals or consents are required to bind such pa rty. 5. ELECTRONIC SIGNATURES. A SIgf18CI copy of this Amendment or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment or such other ancillary agreement for all purposes. CoNTRacr No.05116 AMENDMENT No.1 Page 2 (4-24-2017) 6. COUNTERPARTS. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. �xecution of this Amendment at different times and places by the parties shall not affett the validity thereof so long as all the pa�ties hereto execute a counterpart of this Amendment. ExECUTED AND fFFECTiVE as of the day and date first above written. CARAHSOF(TECHN040GY CORPORATION, S7ATE�F WASHINGTON A MARYLAND CORPORAT�ON �EPARTMENT OP ENTERPRISE SERVICES _. .. ;- , • t t ' ./� By: � By: /%�� �dYN.�26 Name: Ellen�ord Name: , Mike Dombrowsky Title: Contracts Manager Title: IT Contracts Consultant Date: November8,2017 bate: 11/08/2017 Con►rRaC�No.05116 AMENDMENT No.l Page 3 �a-za-2a��) f��oe riey ��`� . ° ��` Contract# AR2472 �� �;'�. s ,► � a, `���,�,�Q�' STATC OF UTAH Ct?C.�PGRATIVF C�I'�iT�ACT !. CO�ITRACTING PARTICS: This contr,lct is l�envccn Nze Divisioii of Purci�nsin�and dic to11o�+�'iit�Contract�r. Caral�soft Teehnolo�y�oi7�oration _ _ 1.EGAl.STATIJS n�CON7I2ACTpR Ncime ❑ Snfe Proprietar I S60�+ticbael Flrada5�Urive.Suite I f1Q (� tvcsn-Profit Co�p�rtlin�t Address � ]=ar-Profit Cor��c>ratic�h Rcston WA 24190 ❑ f'��rl�iership Ci�y State 7_ip ❑ Gavernment Agen�y Cootact Person [3etUa�r[�5��:k�+�el1 Pht�r�4#'I03-?30-7��5 Cmnil idASl'O�iv„�,ral�CotLcaiti Vcndur tEVCO(1�01 I(540 Comniodity Ccycle#920-(�5 2. GENCRAL PLiRP05C OF'C�NTRACT:[:�ntractor is •nnittsd to rot''tdc thc Clottd Solutions id n►ifiecl in Attr� r�en B to Par�icip,�tin,Statcs cmc4 x 1'arlicipating�ld �t tlutn has been si�i e 3. PR�CUREM�:N'I'1'Rt)C�SS:"fhis contract is entcrcd into as a result of the procuremem process un i3idi�CN IG011. �i. CQNTRACT PI:R[OD: Eftect'sve Date. Ifl/14/2f9!G�'ermination Date:09l1 Si?Q26 unlcss terminaied�arlv or e�;cnded in�ccordan�c wilh the teni�s and condilions of this coi�trrct. �lotc: P��rsuant to Solicittitian tf CH I 6012,Cantrnct must re-certily iis c�ualitiintions aach year. 5. Adminish•ative Fee,as describcd in the Spli�itation rmd Alt�chm�nt A: The Conti�actor sh.ill pa}�ta NASPO ValuePoint.or it���ssi�i�ee, ��ASPD V#tIUL'�Ui1j4�dn�Illltitl�a�ive f�cc u!'one-qu�u��cr�f onc}�erce��t(0.25°r`o or O.Ot135)no Ii1lLC ill:Ul GU Elfiys 1oNu�ving thc en�c�t� euch e�lendar qu�u'ter.Tke AlASP4 ValuePoint�ldmiiiis�r�tivc I"cc shall bt;sul>mittcd<�uarterly and is basecl on salcs uf`tlic Scrvices. fi. ATT'11C1-iM��J'r A:T�IASPn ValuePoint dvlaster'I'ern�s and Conc�itions,including the attiched E��tibits A'1'"f'ACHMENT Q:Scopc af'Services sl���arded to Coniracto�� AT'1`ACl-iMGN'T'C:Pricing l7iscc�ui»s and Pri�in�Scl��dule A7'TACNMEI�'T(7:Caiitracioc's Responsc to Salicitaiion�CH I Ca�13 A`I"fACf-1M�Nl•c, s�rY;��oi�rt������c���_As Any ct�olliMs bet►vee��Attacbn�en[�:ind d�e ather Attachmcnts+vill be�•c�salvec!it� favbr nf,+ltt�chment A. 8. BOCUMEiV'TS I;'JCqRP�KAT�t� IN"1'C)'1`N�S Gt?�TRACT BY RGPd�RF:NCF Bt!'T ND`I'AT'i'ACHED: a. All oth�r gavernittent�l la+�s,re�ulsuions,ot'aCttOns flpplical>le to tlle goods fl�ul�o��scrvices autl���rized b��this co��tract. b. Utph Sla1e ProCut'em�itt C�de�ind Ihe Proc�n•cment Rules. 9, Esrl�signatory l�eto���represenls that he ar slje hys thc re�l�.�isite a�flhorit}°to enler iiata�his cpititrre�. IN WJ"1'NGSS WI IGREOf,ihe ptirtics sign��id cause this c�nk•act ta be exec:uleci. r� CON7'RACTOR STATG --�f , � , :�,, ,- _. ..---iQ >> i� h �� � I � . � �v �__ c�rtlt'�cturs si�;nnt�rre �atc Uircesor_ ivi;rt pf!'�rcli�tsing Datc Rvbirt 1�1�ui�, Vice Presicfer�t Typc ar l�rini l��aie and Tidc Clu'i�toplter I-iu��es R�I-538-3?�� cl�ristapherhughes r�utal�.snv i)i�•isinu o1�Purchnsins CuI�I�ICI I't'tsun '.��Clc�thVnc'�tun�lnr 1':s�i�umtxr i::aiail . _ • i ks�is«��I(;Iiut 3v l'q The link to the entire Carahsoft Master Agreement is as follows: htt s: e ov- asc�.corn weblink UocView.as x?id=104��31&dbid=0