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Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 15th day of June, 2021 (“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Comcate Software, Inc, a California Corporation, hereinafter
referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and be
subject to the “Term: Right of Cancellation” terms in Exhibit A. unless earlier terminated in
accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services attached as exhibit A. For conflicts
between this Agreement and the Scope of Services, unless specifically provided otherwise, the
Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance:
Contractor agrees to indemnify, hold harmless and defend City, City Commission and each
member thereof, and every officer, employee and agent of City, from any liability or financial loss
(including, without limitation, attorney fees and costs) arising from any intentional, reckless,
negligent or otherwise wrongful acts, errors or omissions of Contractor, its employees, agents,
representatives, and/or subcontractors in the performance of this Agreement.
Contractor agrees to indemnify, hold harmless and defend City, the City Commission and
each member thereof, every officer, employee and agent of City, from any liability or financial loss
(including, without limitation, attorneys’ fees and costs) arising from or related to any claim that use
of the Technology provided by Contractor infringes upon any copyright, trade secret, trademark,
patent or other proprietary or intellectual property right of any third party. Contractor shall defend
and send Contractor prompt notice of such claim of which it learns. In all events, City shall have the
right, but not the obligation, to participate at its own expense in the defense of any such suit or
proceeding through counsel of its own choosing.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
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Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
• Cyber and Technical Errors and Omissions: $1,000,000 in the aggregate
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The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
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Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
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11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Scott McMahan or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from
such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be David Richmond or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
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The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
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personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
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30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: See Exhibit A.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: David Richmond
Print Title: President
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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David Richmond
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Exhibit A
June 16, 21 City of Bozeman, MT Re: Business Agreement to Implement Technology Dear City of Bozeman,
At Comcate, we believe in empowering public agencies. We do this by creating solutions that are simple to use, easy to implement, configurable, accessible, and affordable. Our philosophy, which guides every action we take, centers on helping public agencies solve problems through technology. Comcate was founded in 2000 with the help of retired City managers and Silicon Valley technologists. With close access to the customer base, our team developed software exclusively for public agencies. We have signed over 300 agreements with public agencies and have over 20,000 public agency staff users across 34 states. Comcate has implemented more web CRM software in public agencies than any other software provider of which we are aware. With over 10,000 Code Enforcement, Permit, Animal Control & Inspection Officers across 32 states, Comcate is the leading provider of Code Enforcement, Animal Control, and Permit/Building Safety Inspection software in the nation. Focus Comcate is entirely focused on improving the efficiency and effectiveness of public agencies with affordable and easy to use web-based software. We are motivated to meet the specific needs of each of our clients. Our client base will testify to our dedication, motivation and initiative to accommodate each of their individual needs. This City of Bozeman staff and citizens will enjoy 24/7 access to a highly configurable web application specialized to accept and process public comments. No Hardware or Software to Install Comcate hosts all data at a secure facility with robust network and power redundancies and round-the-clock system monitoring. The Agency does not have to purchase any new hardware or software.
Customer Support We are prepared to dedicate the full support of our staff into the configuration of the application and the tailoring of its implementation. You will have a dedicated Project Manager assigned to your implementation to guide you through each step of the process, with direct phone and email access and full-time customer support. Simple to Use, Easy to Implement We are dedicated to understanding your Agency’s workflow, and count the number of steps needed to complete an action and tirelessly work to minimize them. We constantly incorporate user feedback into our applications. As a result, Comcate has been recognized by users for its intuitive and easy to
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use design. To accept the Agreement, please sign below. As soon as we receive the signed Agreement we will schedule the implementation kick-off phone call. We look forward to hearing from you and are available to answer any questions to help facilitate this process. Very truly yours,
David W. Richmond, President APPROVED: Name in Print: ____________________________________________________________ Title: _____________________________ Signature: ________________________________________________________________ Date: ______________________________ Name in Print: ___________________________________________________________ Title: ______________________________ Signature: ________________________________________________________________ Date: ______________________________
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Scott McMahan Information Technology Director
6/16/2021
Jeff Mihelich City Manager
6/17/2021
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Major Tasks Sub Tasks Pre-project Needs Assessment - Meet with Agency to clarify and confirm integrations, customizations and phases of the project Execute Agreement - Receive signed agreement
Initial Call and Identification of Project Lead with the Agency - Review implementation process
- Identify project team - Schedule kick-off meeting
Kick-Off Meeting - Comcate introduction - Review project scope and timeline
- Demo application to implementation team
- Prepare for needs assessments Needs Assessment - Review staff workflow
- Propose implementation configuration
Public comments portal configurations - Identification of citizen submission workflow - Staff assignments and SLAs - Customization of email templates
- Configuration of volume and SLA reports Trainings for Public Comments Staff Portal - Role based training: power submitter, case managers, agency heads, agency manager - Role based training for department staff
Soft Launch! - Go Live!
Follow up Training - Separate follow up training sessions
Project Wrap Up - Debriefing with project lead, Agency manager and other appropriate participants
Implementation Timeline and milestones for deliverables Comcate’s standard implementation program is flexible. * We can complete the implementation and go live with basic implementation within a few weeks after signing the contract.
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Ongoing Support and Services We view every client relationship as a long term partnership. During implementation you will be introduced to several members of our experienced and capable in-house customer support staff. We maintain hours necessary to support our clients. Currently, our customer service technicians operate during normal business hours from 8am to 5:00pm PST Monday through Friday. Our team is available during business hours via email and phone and we are committed to responding to all client issues within 4-6 hours. Comcate is required to uphold the following performance standards and response times in the Service Level Table in order to be considered in compliance with its contract:
Comcate shall make arrangements for the technology to be accessible by the
Agency’s staff and public users 99.8% of the time, not counting scheduled maintenance for users of Comcate’s ASP service.
Service Level Table
Level Description Response Time Means of Contact First Software System Inoperable Response within 3 hours Telephone, email, pager/mobile phone Second Significant operating issues but application still operating
Response with 6 hours Telephone, e-mail
Third Application not functioning as designed but still operating successfully
Response with 18 hours Telephone, e-mail
Third Non-critical problems for which a solution is available
These issues will be addressed as part of the product development cycle
Telephone, e-mail
Support includes the following: 1) Trouble-shooting at Comcate’s facilities 2) Establishment of an FAQ for customers 3) On-line help windows Example of on-line help windows can be provided upon request.
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Training Comcate’s training goal is to have staff users up and running on the application during their initial training session. Comcate has developed its role-based training program by continuing to learn from our hundreds of existing client implementations. Training sessions are organized to be completed in less than an hour, as longer sessions often result in attendees 'attention span waning. The session is organized like a story: we start with an introduction about Comcate, the application and project background, then discuss the reason for the implementation, any internal breakdowns that have been identified, and concerns of management. This provides an opportunity to highlight how our software addressed similar concerns at other agencies. After this discussion, we have provided a brief product demonstration, which provides background to move into the primary, usage-based part of the training. We found the best result is to have people start using the application as soon as possible. During this period we have staff log-in, create and manage cases, assign tasks and, as appropriate, perform activities that are appropriate for their role. We make this fun and develop stories about requests that are relevant and humorous to those attending the training. We provide each attendee with a personalized user summary (cheat sheet) which they can take back to their desk. This includes all the information they need to access the application, get answers to common questions and contact Comcate’s customer support if necessary. After the training your Project Manager will monitor and track the cases to ensure that all staff members feel comfortable with the application and that the Agency is ready to go live. Post-implementation training sessions are also included in our proposal. We have found these are valuable by providing staff an opportunity to ask specific questions after they have had a chance to work with the application. Additional Training (in-person or web-based) can be accommodated at the Agency’s request.
DocuSign Envelope ID: EE560B14-674E-4BBC-8A7E-27CFD761B533
Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021
Page 17 of 18
Investment Summary The year-one investment in Comcate’s software is comprised of two components: 1) the one-time
Implementation Fee which includes initial configurations, customizations and web-based training, and 2) the Annual License Fee which includes on-going support, upgrades and hosting. Starting in the second year, the Annual License Fee will be adjusted by a COLA increase not to exceed 5% per year.
Product Implementation
Fee (One-Time) Annual License
Fee Total Year One
Investment
eFM Limited (for public comments) $2,000.00 $6,100.00 $8,100.00
Modern Mobile Citizen Submission Web solution (CMA) Included Included $0.00
GIS Lite $300.00 $400.00 $700.00
Unlimited Users and Usage for eFM Limited $2,000.00 $3,000.00 $5,000.00
Total $13,800.00
• Unlimited users and usage for eFeedback Limited Edition for collection and processing of public comments • Unlimited use of GIS Lite (Case Mapping) • Mobile optimized citizen submission web app • Unlimited customer support
• Software enhancements and maintenance
• Full implementation support including project management, training and configurations
*Advanced CRM/311 features can be activated at a later date with written approval from both parties. Highlights include: • Integration with Active Directory • Integration with CityWorks • Social Media integrations and texting • GIS Enterprise functionality • Enterprise workflows by department
Acknowledgments. (a) The Agency expressly acknowledges that the Agency is solely responsible for any use of the Technology, and such use will be entirely at Agency’s own risk. Agency agrees that the Technology shall not be used for or in connection with any illegal purpose (including but not limited to intellectual property infringement, fraud or defamation).
DocuSign Envelope ID: EE560B14-674E-4BBC-8A7E-27CFD761B533
Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021
Page 18 of 18
(b) Comcate acknowledges that it will “host” the Technology and agrees that it will backup data and take appropriate measures to protect and store Agency’s Data. (c) Comcate acknowledges that it shall maintain access rights to the Agency’s Data and shall secure such data. Comcate acknowledges and agrees it will store all Agency’s data in the United States. Term: Right of Cancellation. The Initial Use Term of the Agreement shall commence on the Effective date hereof and continue for 365 days. Thereafter, unless Agency notifies Comcate in writing at least 30 days in advance of each scheduled expiration date that Agency elects not to renew, the Agreement shall automatically renew for a period of 365 days with an annual 5% COLA.
DocuSign Envelope ID: EE560B14-674E-4BBC-8A7E-27CFD761B533