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R2022-056 2022-03-07RESOLUTION NO. R2022-56 A Resolution of The City Council of the City of Pearland, Texas, amending a cooperative pricing arrangement through the Texas Department of Information Resources (DIR) for the purchase of additional software maintenance services from MCCi, in the additional amount of $50,000.00 (total amount of $96,985.40). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That contract pricing was previously obtained through interlocal cooperative partner DIR for the purchase of additional software maintenance services from MCCi. Section 2. That the City Manager or his designee is hereby authorized to participate in an amended cooperative pricing arrangement through the DIR for additional software maintenance services from MCCi, in the additional amount of $50,000.00. PASSED, APPROVED and ADOPTED this the 7th day of March, A.D., 2022. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ LESLIE CRITTENDEN INTERIM CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: BCE24888-89A2-4536-BD2D-142D53037D1C MCCi CONSULTING SERVICES AGREEMENT ORDER Pursuant to Master Services Agreement No. 61155 ("Agreement"): Quote 22460 (the "Order") is entered into as of March 16, 2022 2022 ("Order Effective Date"), by and between MCCi and Client and is hereby incorporated into the Agreement and made a part thereof. If there is any conflict between a provision of the Agreement and this Order, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this order to be executed by their respective duly authorized representatives as of the Order Effective Date. MCCi, LLC E-SI by Donny Barstow Signed: on 2 2- -16 18'15:30 GMT Name: Donny Barstow Title: President & CEO Date: March 16, 2022 CITY OF PEARLAND ("Client") Signed: '^^/ z Name: LJo.1,:c Title: (C:.) Date: Order - MCCi Consulting Services Agreement Page 1 of 7 RATE CARD If the accumulation of Task Order(s) exceeds the fee quote in the corresponding order or the effort incurred on an individual Task Order exceeds its allocated funding, MCCI will require written confirmation that additional funding has been approved prior to proceeding. PRICING Rate Card -i Role Unit List Price Vehicle Purchasing Rate MCCI Consulting Services Project Manager, Certified $250.00 $237.50 Per Hour Project Manager $205.00 $194.75 Per Hour Systems Engineer $205.00 $194.75 Per Hour Business Analyst $205.00 $194.75 Per Hour Trainer $205.00 $194.75 Per Hour Records Manager, Certified $205.00 $194.75 Per Hour Solutions Architect $250.00 $237.50 Per Hour Senior Solutions Architect $290.00 $275.50 Per Hour Onsite � Includes Resource/Single Travel Expenses. p Excludes Day Developer p Role.)(Minimum Per 4 Day Hour Day)$3,000.00 $2,850.00 Onsite ( Includes Resource/Multiple Travel Expenses. p Excludes Consecutive Developer p Role.)(Minimum Days Per 4 Day Hour Da Y) $ 2 '500.00 2 $ '375.00 Training, (Workflow Remote training and installation excluded) (MinimumDay) Per 4 Day hour $1,600.00 $1,520.00 Remote (Workflow Training, training and Developer installation excluded) (Based Per on a Day 4 Hour Day) $1,000.00 $950.00 Per Instance $500.00 $475.00 Weekend/After (lf Laserfiche period, an Support additional Hours $250.00 Team Premium is utilized per hour during will be the applied.) Reservation Role Rate x 1.5 Role Rate $50,000.00 x 1.5 Weekend/After Not To Exceed Total Hours Premium Hourly Rate Per Hour - Order - MCCI Consulting Services Agreement Page 2 of 7 BILLING SCHEDULE All Services will be billed monthly for work completed during the previous month at the rates defined in the Rate Card below. ANYTIME OR DOLLAR ESTIMATES GIVEN ON ATIME AND MATERIALS PROJECT, ARE STRICTLY ESTIMATES. Client is responsible for all hours worked by MCCi. Order - MCCi Consulting Services Agreement Page 3 of 7 OVERVIEW This Consulting Services Agreement (including its appendices hereto, the "MCS") is subject to Client's Master Legal Agreement with MCCi and will serve as an Exhibit to the Order. If there is any conflict or inconsistency between the provisions of this MCS and the Master Legal Agreement, the definition within the Master Legal Agreement shall apply unless the discrepancy is specifically called out within this MCS at which time the term of this MCS shall control solely with respect to such conflict or inconsistency. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Master Legal Agreement. In consideration of the foregoing and of the mutual covenants and promises set forth herein, MCCi and Client agree as follows: SERVICES PROVIDED Client is requesting ongoing consulting services to assist them with their business process automation goals through a flexible staffing arrangement, enabling Client to move forward with projects related to MCCi-implemented solutions. MCCi's consulting services are designed to be highly collaborative and effectively extending the Client's team. The types of assistance may include: 1. Project & Program Management 2. Business Process Requirements Gathering and Task Order drafting 3. Recurring Status and Strategy Meetings 4. Configuration of Client -Owned Solution Components 5. Training on Solution Components and/or configured Business Processes 6. Integration/Developer Assistance SERVICE PERIOD Begins on 1/20/2022 and expires on 12/31/2022 (the 'Service Period"). All work will be stopped on any open Appendix(s) upon the expiration of the Service Period. Additionally, no new work will be initiated after the expiration of the Service Period, even if uncommitted funding remains on this MCS. To continue work past the expiration of the Service Period, either a Change Order or a new MCS is required. Order - MCCi Consulting Services Agreement Page 4 of 7 ASSUMPTIONS The following assumptions serve as the basis for this MCS. Any service or activity not described in this MCS is not included in the scope of services to be provided. Variations to the following may impact the MCS cost and/or schedule justifying a change order. SERVICES MCCi's services under this MCS and its corresponding appendix(s) are the time worked by our personnel assigned to the Task Order described in the respective appendix to augment Client's staff and all work products developed as a result of the work being performed ("Services"). MCCi will be working at the day-to-day direction of Client's Project Manager who will work with MCCi's Project Manager to coordinate worker's utilization (where and how they work) for the duration of the engagement. Client will also be responsible for the accuracy and approval of Task Orders. DELIVERABLE ACCEPTANCE CRITERIA Client shall have the right to conduct any review of the Services. If Client, in its reasonable discretion, determines that any Services does not meet the agreed upon expectations, Client shall have five (5) business days after MCCi's submission to give written notice to MCCi specifying the deficiencies in reasonable detail. Notwithstanding the foregoing, if Client fails to reject any Service within five (5) business days, such Services shall be deemed accepted. ASSIGNMENT OF WORK Task Order 01-Program Management and Consulting: Client acknowledges that (i) at times it needs the assistance of MCCi to scope out certain tasks, to perform general staffing services, or assist in the preparation of more detailed project plans, (ii) at times it requests or requires recurring status updates and/or meetings, and (iii) such work performed by MCCi personnel will be considered billable Services. These Services will be billed under a generic Task Order referenced as "Task Order 01-Program Management and Consulting" per the Rate Card. Task Order(s): Additional Task Orders to be incorporated into the MCS will include a description of the Services to be performed, an estimated timeline, the roles identified to perform the Services and an allocation of the funding available within the MCS. GENERAL If either party identifies a business issue during the performance of Services, MCCi and Client must jointly establish a plan to resolve the issues with potential impact analysis of timeline and budget within five (5) business days of identification. Any necessary business decision resulting from the identified business issues must be made by Client within five (5) business days from request. Client is responsible to ensure that adequate hardware/infrastructure is in place and capable of handling the extra resources that may be required by the Services. Client is responsible for ensuring that the required software licensing is available. If the Services require MCCi to access or use any third party software products provided or used, Client warrants that it shall have all rights and licenses of third parties necessary or appropriate for MCCi to access or use such third party products and agrees to produce evidence of such rights and licenses upon the reasonable request of MCCi and to indemnify, hold harmless and defend MCCi from and against any claims, actions, demands, lawsuits, damages, liabilities, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees) to the extent arising from MCCi's access to or use of such third party products. Order - MCCi Consulting Services Agreement Page 5 of 7 Through the course of this project, MCCi may choose to utilize the third -party service Asana (http://www.asana.com) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and Client may be stored in Asana. Client will ensure that all Client's personnel who may be necessary or appropriate for the successful performance of the Services will, on reasonable notice: (i) be available to assist MCCi' personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) participate in the Services as reasonably necessary for performance under this MCS; and (iii) be available to assist MCCi with any other activities or tasks required to complete the Services in accordance with this MCS. Client shall provide the following to MCCi personnel: (i) a suitable and adequate work environment, including space for work and equipment for performance of the Services; (ii) access to and use of Client's facilities and relevant information including all necessary security access, software, hardware and documentation; and (iii) timely assistance in the correction of any hardware or software problems that would affect the performance of Services. Scheduling of MCCi's resources will be mutually agreed upon between MCCi and Client. MCCi will assign an MCCi Project Manager, who will be the primary contact for the Client and will be responsible for scheduling. Services may be performed remotely or onsite as agreed upon between MCCi and Client. Client is responsible for handling internal funding/purchase order requirements related to the MCS. LIMITED LIABILITY If the Master Agreement is silent on each Parties' limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. Order - MCCi Consulting Services Agreement Page 6 of 7 TASK ORDER 01 TO ORDER 22460 (MSA 61155): PROGRAM MANAGEMENT AND CONSULTING This Task Order is incorporated by reference to the Consulting Services Agreement (the "MCS") by and between MCCi and Client. Committed Funding: $10,000.00 will be committed against the MCS fee quote Tasks to be performed by MCCi may include: Project & Program Management Business Process Requirements Gathering and Task Order drafting Recurring Status and Strategy Meetings Other consulting services Period of Performance: Service Period as defined in the MCS Point of Contact: Client project manager: TBD MCCi project manager TBD At MCCi's sole discretion, if and as necessary, other Team Roles and/or appropriately qualified MCCi personnel may be assigned to this Task Order. Acknowledgement: Your signature represents approval to this Task Order. MCCi, LLC "MCCi" CITY OF PEARLAND "Client" E-SIaby Donny Barstow Signature on 2 2- 3-16 18:16:45 GMT Name Title President & CEO Date March 16, 2022 Donny Barstow Signature <-.✓ 2 1'4/`r - Name ) L J`7 c. Ch;Hn Title C -� U Date Order - MCCi Consulting Services Agreement Page 7 of 7 CHANGE ORDER NUMBER 01 TO MCCI CONSULTING SERVICES AGREEMENT QUOTE 22460 This is Change Order Number 01 ("CO") to MCCi Consulting Services Agreement Quote 22460 ("Order") dated 3/15/2022 by and between MCCi, LLC ("MCCi") and the City of Pearland ("Client") subject to the terms of the Master Services Agreement Number 61155 ("Master Legal Agreement"). MCCi and Client may be referred to individually as a "Party" or collectively as the "Parties." Capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in the Master Legal Agreement or the Order. The Parties desire to amend the Order as follows: Order Document Summary Financial Impact Date Title 3/15/2022 Quote 22460 Service Period $50,000.00 11/15/2022 Change Order Remove Expiration Date of 12/31/2022. This Agreement will expire $0.00 01 when all funds are utilized. Cumulative Totals $50,000.00 All other terms to the Order remain unchanged. IN WITNESS WHEREOF, the parties have caused this CO to be signed by their respective duly authorized representatives as of the date last written below: MCCi, LLC CITY OF IEARLAND E-S D by te.hanie Wood �/ /� ,i ��//%01fr By: onMT gy,/1//IUAUn,11,�XI/lI� 'r Name: Name' ` Stephanie Wood Title: Director of Sales Operations Date: November 17, 2022 Title: Date: ;.,,,MCCi I Change Order Page 1 of 1