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HomeMy WebLinkAbout21-142 Resolution No. 21-142 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH CLOUD SYNAPPS SOFTWARE, INC. FOR THE SOFTWARE IMPLEMENTATION OF LICENSES,PERMITS AND INSPECTIONS INTO SALESFORCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B9 the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Cloud SynApps Software,Inc.,for the software implementation of licenses,permits and inspections into Salesforce,a copy of which is attached hereto and made a part hereof by reference. _s/David J. Kaptain David J. Kaptain, Mayor Presented: September 22, 2021 Adopted: September 22, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 22nd day of September 2021, by and between the City of Elgin, Illinois, a municipal corporation(hereinafter referred to as "City") and Cloud SynApps Software, Inc., a Texas corporation, (hereinafter referred to as "Cloud SynApps" or"Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase, and Cloud SynApps shall sell the goods and/or services provided for herein pursuant to the terms and provisions described by Attachment A, attached hereto and made a part hereof. 2. TERM. This Agreement shall terminate on February 14, 2022. 3. LAW/VENUE. This agreement is subject to and governed by the laws of the State of Illinois:Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Cloud SynApps hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Cloud SynApps agrees that service by first class U.S. mail to Cloud SynApps, Inc., 3027 Martha Drive, Wylie, Texas, 75098, shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 5. MERGER. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. INTEREST. Cloud SynApps hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 50511, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 7. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this agreement shall remain in full force and effect. 8. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e- mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 9. CONFLICT. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A, the terms and provisions of this purchase agreement shall supersede and control. 10. PAYMENT. City shall pay an amount not to exceed $74,160 as described under the Projected Project Cost in Attachment A and shall be paid within thirty (30) days of delivery and/or full performance, or city's receipt of invoice, whichever is later. Notwithstanding anything to the contrary provided for herein all pricing, fees and amounts listed in Attachment A shall be all- inclusive, and shall be inclusive of all freight, shipping and applicable taxes. 11. DELIVERY. Cloud SynApps shall complete delivery of all goods on or before February 14,2022. 12. TERMINATION. The following shall constitute events of default under this Agreement: (a) any material misrepresentation made by Cloud SynApps to the City; or(b) any failure by Cloud SynApps to perform any of its obligations under this Agreement including, but not limited to, any of the following: (i) failure to commence performance of this Agreement at the time specified in this Agreement; (ii) failure to perform this Agreement with sufficient personnel and equipment or to deliver product to ensure the performance or completion of this Agreement within the specified time; (iii) failure to perform this Agreement in a workmanlike manner reasonably satisfactory to the City; (iv) failure to promptly re-perform within reasonable time the services that were rejected by the City as erroneous or unsatisfactory; or (v) failure to comply with a material term of this Agreement. In the event of such termination by the City,the City's liability to Cloud SynApps shall be limited to reasonable payment for and goods and/or services already provided by Cloud SynApps pursuant to this Agreement. 13. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 14. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at Cloud SynApps's sole expense. 2 IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. CLOUD SYNAPPS SOFTWARE, INC. C LGIN Marsh Bhatnagar Print Name Mchard G. IC(;zal, City Manager Attest• /W�fee�� Signature City Cler CEO & President Title F:\Legal Dept\Agreement\CloudSynApps-Purchase Agreement 9-14-21.docx 3 Cloud SynApps Inc. ATTACHMENT A Client/ Project Name: City of Elgin Needed Skills: Salesforce LPI (Public Sector Foundation), Omni-Studio, Salesforce Project Location: Remote work Duration: October 4, 2021 to January 31, 2022 Description of Services, Scope and Deliverables • CSA recently built a Proof of Concept (POC) Licenses and Permits solution for City's Quick Permit requirements on `Salesforce Public Sector Foundation platform (PSF)' and demonstrated what how permits, licenses and inspections can be configured. This engagement is a subsequent but related work effort to assist in the actual configuration, development and deployment of Quick Permits in the City's existing Salesforce ORG. • City desires to hire CSA to develop `Quick Permits' and associated functionality on Salesforce platform using `Salesforce PSF' solution delivering an integrated Salesforce solution, serving the needs of the citizens of the city of Elgin. Considerations include : Salesforce setup, Salesforce PSF Setup and configuration, integration with the City Portal for payments and SSO between City Portal and Salesforce Communities. CSA will perform the following activities: • Configure and customize(if necessary) Salesforce PSF application/Intake Omni- Scripts to develop Quick-Permits(Up to 12). • Display associate fees based on the selected permits • Generate email notifications for the clients and staff(if needed) • _ IU _ - to allow for documents upload, save for later functionality(if desired). • Permit) • Configure Salesforce to allow internal staff to review all submitted applications Configure Salesforce to allow internal staff to generate an Incomplete Application Letter/communication to send to the applicant • Configure Salesforce to allow the permitting unit to send the Application record for inspections and generate Appr ved/rejected otific tions approvals to provide comments Page 1 of 4 Cloud SynApps Inc. • Configure Salesforce to allow the permitting unit manager to send a notification to internal staff users for permit approval/rejection • Configure Salesforce to determine fees based on permit types selected and show to the applicants • Configure inspection steps for the mobile application for Quick Permits inspections. • Develop/Configure up to 8 Reports and 2 dashboards related to Quick Permits Out of Scope items: • Single Sign On —it is agreed that City's team will work on user enrolment based on contact creation and will utilize existing SSO • Payment Integration—it is agreed that City's team will use other vendor to work on Portal side to query relevant information from Salesforce • Permits other than Quick Permits are not part of the scope • Licenses and inspections are not part of the scope for this Phase • Integration with any other system is not part of the scope • Fixing any issues that might be existing in City's Salesforce Org is not part of the scope Page 2 of 4 Cloud SynApps Inc. Responsibilities Matrix: Following matrix outlines responsibilities of Client and Company: Phase Service/Actions Deliverables Responsibility CSA Client Status Reports—Kick-off, Status Reporting Weekly, Monthly, X Plan&Project Closeout Management Project Planning Project Plan X X Discover Requirements Requirements, Fit-gap X (support) Workshop Analysis Design Application System Design X (sign-off) Design Document Build Application Code Management Plan, X Build log Develop Demo Demo Sessions X (sign-off) Unit Test Coverage Unit Tests X Test Plan,Test scripts, Systems and Test Documents(Test X (Support) integration testing scenarios, Results) Testing and Training Training Plan,Training Training Users Sessions,Training X (Support) Manual Test Plan,Test Scripts, User Acceptance Test Documents(Test (Support) X Testing scenarios, Results) Deployment Plan, Deploy Application to Deployment Notes X (Support) Pre-Prod Sandbox Deploy Regression Test Results Regression Testing X Deploy Application to Deploy notes (Support) X Production Page 3 of 4 Cloud SynApps Inc. Projected Project Cost: The project will be done on Time and Materials (T&M) basis based on the timeline provided below. Estimated Estimated Price for the Sr. Role Total Hours Rate Implementation Oct'21 Nov'21 Dec'21 Jan'22 1 LPI SME 64 $175.00 $11,200.00 16 16 16 16 BA/ 80 80 80 2 1 Configurator 320 $100.00 $32,000.00 80 Vlocity 3 Developer 520 $45.00 $23,400.00 160 160 120 80 4 Graphics/UI 48 $45.00 $2,160.00 0 32 16 0 Salesforce 5 Developer 120 1 $45.001 $5,400.00 0 80 1 40 0 Total 952 1 1 $74,160.00 The above price is inclusive of any taxes. The City of Elgin is a tax exempt governmental entity. The project may get extended on the same terms and conditions. Other Conditions: Payment Terms: Net thirty days. We shall invoice the City of Elgin monthly based on the actual burned hours, and this will be due after 30 days from date of receipt of the correct and complete invoice. Approved time sheets for all the hours billed must be attached with the invoice. Page 4 of 4