HomeMy WebLinkAbout281-23 RESOLUTIONyKaoi s�rtTft,`(
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 281-23
File Number: 2023-1460
ECOSCONNECT, LLC (SOFTWARE SERVICE CONTRACT):
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH ECOSCONNECT, LLC FOR BACKFLOW
TRACKING SERVICES WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR
TERMS IN AN AMOUNT NOT TO EXCEED $50,000.00 PER YEAR
WHEREAS, the City began using EcosConnect software in 2017 when the initial procurement was solicited and
awarded through RFP 17-07; and
WHEREAS, City staff is trained in the use of EcosConnect software and all backflow prevention devices are currently
stored in EcosConnect software for annual device testing and maintenance purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a one
year contract with EcosConnect, LLC for backflow tracking services with automatic renewals for up to four additional
one year terms in an amount not to exceed $50,000.00 per year.
PASSED and APPROVED on December 19, 2023
Page 1
Attest:
j . GAT Y per; ; S'
Kara Paxton, City C erk reasurer= : 1 AYE-1-TEV!j
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 19, 2023
CITY COUNCIL MEMO
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Tim Nyander, Utilities Director
DATE:
SUBJECT:
EcosConnect, LLC — Backflow Tracking Software Contract
RECOMMENDATION:
2023-1460
Staff recommends approval of a one-year contract for Backflow Tracking Services with EcosConnect, LLC with
four automatic annual renewals in an amount not to exceed $50,000.00 per year.
BACKGROUND:
The City began using EcosConnect software in 2017 when the initial procurement was solicited and awarded
through RFP 17-07. The software tracks all of the backflow prevention devices in the City and manages the
testing and maintenance of these devices. EcosConnect also mails out notifications to customers who are
required to have their backflow assembly tested per the annual testing requirement.
DISCUSSION:
City staff is trained in the use of EcosConnect software, and all of the backflow prevention devices are
currently stored in EcosConnect software for annual device testing and maintenance purposes.
EcosConnect's existing contract with the City expires on December 31, 2023. Staff proposes this renewable
contract to continue backflow tracking software services with EcosConnect in an amount not to exceed
$50,000.00 per year.
BUDGET/STAFF IMPACT:
Funds are available in the Backflow Prevention Assemblies account within the Water & Sewer fund.
ATTACHMENTS: SRF (#3), EcosConnect LLC Contract 2024 signed (#4)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1460
EcosConnect, LLC — Backflow Tracking Software Contract
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH ECOSCONNECT, LLC FOR
BACKFLOW TRACKING SERVICES WITH AUTOMATIC RENEWALS FOR UP TO FOUR
ADDITIONAL ONE YEAR TERMS IN AN AMOUNT NOT TO EXCEED $50,000.00 PER YEAR
WHEREAS, the City began using EcosConnect software in 2017 when the initial procurement was
solicited and awarded through RFP 17-07; and
WHEREAS, City staff is trained in the use of EcosConnect software and all backflow prevention
devices are currently stored in EcosConnect software for annual device testing and maintenance
purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
sign a one year contract with EcosConnect, LLC for backflow tracking services with automatic renewals
for up to four additional one year terms in an amount not to exceed $50,000.00 per year.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-1460
Item ID
12/19/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a one-year Contract for Backflow Tracking Services with EcosConnect, LLC with four
automatic annual renewals in an amount not to exceed $50,000.00 per year.
56400.720.1840-5314.00
Account Number
02066.1801
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Water and Sewer
Fund
Backflow Prevention Assemblies
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 159,271.00
$ 30,388.00
128,883.00
$ 50,000.00
78,883.00
Previous Ordinance or Resolution #
Approval Date:
V20221130
,M C TY OF
FAYETTEVILLE
r ARKANSAS
Contract for Services:
Contract for Backflow Tracking Services
Between the City of Fayetteville, AR
and EcosConnect, LLC
Agreement is made this � day of Dle'( 2023 by and between the City of Fayetteville, Arkansas
(City) located at 113 W. Mountain, Fayetteville, Arkdnsds 72701 and EcosConnect, LLC (EcosConnect) located
at 29572 SW Queens Ct, Wilsonville, OR 97070.
WITNESSETH:
WHEREAS, City has previously determined a need for a PROVIDER FOR BACKFLOW TRACKING SERVICES; and
WHEREAS, City currently uses EcosConnect, LLC for such services and wishes to continue to utilize service
provided by EcosConnect, LLC; and
WHEREAS, EcosConnect has represented that it is able to satisfactorily provide these services according to the
terms and conditions that are contained herein.
NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties
agree as follows:
1. Term: This Agreement shall be for an initial one-year term commencing on January 1, 2024 until
December 31, 2024, with four (4) automatic one-year terms upon mutual agreement by both parties.
a. This contract may be canceled by either party with thirty (30) days written notice. In the event of
cancellation, all records pertaining to the City of Fayetteville accounts and records shall become
the property of the City of Fayetteville and turned over accordingly within thirty (30) calendar days
after cancellation of contract. The records shall be delivered to the City of Fayetteville within a
comma separated file (.csv) which will include all data that has been stored and collected per this
contract.
b. Services shall be performed in a timely manner
c. Failure of EcosConnect to comply with any of the provisions of this Contract shall be considered a
material breach of Contract and shall be cause for immediate termination of the Contract at the
sole discretion of the City.
d. In addition to all other legal remedies available to it, the City reserves the right to cancel or obtain
from another source any services which have not been provided within the period of time stated
in this agreement, or if no such time is stated, within a reasonable period of time from the date of
order or request, as determined by the City.
Attachments: The Contract documents which comprise the contract between the City and the
EcosConnect consist of this Contract and the following documents attached hereto, and made a part
hereof. In the event of a conflict between the terms of this Cuntract and the above referenced
documents, the conflict shall be resolved as follows: the terms of this Contract shall prevail over the other
documents, and the terms of the remaining documents shall be given preference in their above listed
order.
City of Fayetteville, AR
Page 1 of 3
a. Exhibit A — Scope of Services
b. Exhibit B — Fee Schedule
3. Fees and Expenses: The City shall pay EcosConnect usage fees based on the attached Exhibit B — Fee
Schedule.
o. Taxes: Fee payment amounts under this agreement do not include Taxes, and Customer shall
pay all Taxes applicable to payments between the parties under this agreement. The City is not
a tax-exempt entity.
b. EcosConnect shall track, log and provide reporting data related to this agreement along with
invoice for payment for each month. Annual fee increases shall be capped at 2% for entry fees and
allow for annual for United States Postal Rate increases for notifications.
c. The total annual cost shall not exceed the amount of 550.000.00.
4. Notices: Any notice required to be given under this Agreement to either party to the other shall be
sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt confirmed),
or overnight courier.
5. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State
of Arkansas and City ordinances. Venue for all legal disputes shall be Washington County, Arkansas.
6. Entire Agreement: This Agreement sets forth the entire agreement and understanding between the
parties on the subject matter of this Agreement. Neither party shall be bound by any conditions,
definitions, representations or warranties with respect to the subject matter of this Agreement other than
those as expressly provided herein.
7. Changes in Scope or Price: Changes, modifications, or amendments in scope, price, or fees to this Contract
shall not be allowed without a prior formal amendment to the Contract approved by the Mayor and the
City Council in advance of the change in scope, cost or fees.
8. Contract Administration: The Mayor or his/her Designated Representative shall be the Contract
Administrator for this contract. EcosConnect Principal or his/her Designated Representative shall be the
primary contact for all matters pertaining to this contract.
9. Freedom of Information Act: City contracts and documents prepared while performing city contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is
presented to the City of Fayetteville, EcosConnect will do everything possible to provide the documents
in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.), exempting those records that, "if disclosed would give advantage to competitors or bidders,"
as described in Section (b)(9)(A). Only legally authorized photocopying costs pursuant to the FOIA may
be assessed for this compliance.
10. Professional Responsibility: EcosConnect shall exercise reasonable skill, care, and diligence in the
performance of services and will carry out its responsibilities in accordance with customarily accepted
professional practices.
11. Assignment and Subcontracting: EcosConnect shall perform this Contract. No assignment or
subcontracting shall be allowed without the prior written consent of the City. In the event of a corporate
acquisition and/or merger, EcosConnect shall provide written notice to the City within thirty (30) business
City of Fayetteville, AR
Page 2 of 3
days of such notice of action or upon the occurrence of said action, whichever occurs first. The right to
terminate this Contract, which shall not be unreasonably exercised by the City, shall include, but not be
limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are
contrary to any local, state, or federal laws.
12. Permits & Licenses: EcosConnect shall secure and maintain any and all permits and licenses required to
complete this Contract.
13. Indemnification: EcosConnect shall indemnify, pay the cost of defense, including but not limited to
attorneys' fees, and hold harmless the City from all suits, actions or claims of any character brought on
account of any injuries or damages received or sustained by any person, persons, or property a result of
or by, or in consequence of any neglect in safeguarding the work; or on account of any act or omission,
neglect or misconduct of EcosConnect; or by, or on account of, any claim or amounts recovered under
the Workers' Compensation Law or of any other laws, by-laws, ordinances, order of decree, except only
such injury or damage as shall have been occasioned by the sole negligence of the City of Fayetteville.
The first ten dollars ($10.00) of compensation received by EcosConnect represents specific consideration
for this indemnification obligation.
14. Payments: The City shall pay all invoices within 30 calendar days of acceptance.
15. Special Conditions:
a. The City reserves the right to review, audit, and examine any and all records obtained by
EcosConnect pertaining to accounts turned over by the City.
b. EcosConnect shall show proof of any required licensing required by the State of Arkansas. Any
required license shall be kept current throughout the term of this Contract. Proof of bonding
certificate and licensing shall be submitted before each renewal.
c. Customer accounts and all associated information updates shall be discontinued by the City at the
sole discretion of the City. All historical information may be retained within EcosConnect.
IN WITNESS WHEREOF, the parties have executed this Agreement.
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LI EL JORDA yor` Paul Molisani, Principal
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ATTEST: �.��� ••�,\ZY P • s;'U11TNESS:
By:a4zj
_ ; FAYETTEV;I L ;
Kara Paxton, City Cle c/Treasu •• q c, ;
•�y,• •'QACA N`,
Date Signed: December 19, 2023 Date Signed: 30/l)6,A-_.+, Le, .20,13
City of Fayetteville, AR
Page 3 of 3
days of such notice of action or upon the occurrence of said action, whichever occurs first. The right to
terminate this Contract, which shall not be unreasonably exercised by the City, shall include, but not be
limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are
contrary to any local, state, or federal laws.
12. Permits & Licenses: EcosConnect shall secure and maintain any and all permits and licenses required to
complete this Contract.
13. Indemnification: EcosConnect shall indemnify, pay the cost of defense, including but not limited to
attorneys' fees, and hold harmless the City from all suits, actions or claims of any character brought on
account of any injuries or damages received or sustained by any person, persons, or property a result of
or by, or in consequence of any neglect in safeguarding the work; or on account of any act or omission,
neglect or misconduct of EcosConnect; or by, or on account of, any claim or amounts recovered under
the Workers' Compensation Law or of any other laws, by-laws, ordinances, order of decree, except only
such injury or damage as shall have been occasioned by the sole negligence of the City of Fayetteville.
The first ten dollars ($10.00) of compensation received by EcosConnect represents specific consideration
for this indemnification obligation.
14. Payments: The City shall pay all invoices within 30 calendar days of acceptance.
15. Special Conditions:
a. The City reserves the right to review, audit, and examine any and all records obtained by
EcosConnect pertaining to accounts turned over by the City.
b. EcosConnect shall show proof of any required licensing required by the State of Arkansas. Any
required license shall be kept current throughout the term of this Contract. Proof of bonding
certificate and licensing shall be submitted before each renewal.
c. Customer accounts and all associated information updates shall be discontinued by the City at the
sole discretion of the City. All historical information may be retained within EcosConnect.
IN WITNESS WHEREOF, the parties have executed this Agreement.
By:
LIONELD JORDAN, Mayor Paul Molisani, Principal
ATTEST: WITNESS: D a-,j B L.a- =
By:
Kara Paxton, City Clerk/Treasurer
Date Signed: December 19, 2023 Date Signed: Z0A),0 &,-r 4e, .2423
City of Fayetteville, AR
Page 3 of 3
CONTRACT FOR SERVICES BETWEEN
CITY OF FAYETTEVILLE, AR AND ECOSCONNECT, LLC
EXHIBIT A —SCOPE OF SERVICES
1. Services to be Provided:
EcosConnect hereby agrees to provide the City with BACKFLOW TRACKING SERVICES, as requested and
more specifically outlined in this Contract, and all subsequent documents that are incorporated into the
terms and conditions and set forth the rights, duties and obligations of the parties pursuant to this
Contract. During the terms of this Agreement, EcosConnect shall:
a. Provide and maintain an online hosted database to house Fayetteville's Cross Connection
customer and tester information with the features currently in use by the City.
b. Technical support in case of errors or the need for refunds will be provided from 8:00 AM-5:00
PM Central Standard Time, excluding federal holidays. An emergency contact will be provided for
after-hours emergencies.
c. A secure website that complies with Federal Red Flag Rules and Payment Card Industry Data
Security Standards (PCI DSS) to protect online users from identity theft and ensure secure credit
card transactions.
d. The website will, at a minimum, support the latest versions of Safari, Firefox, Chrome, and Internet
Explorer as of the contract date. Ensure that the City of Fayetteville's website is kept current to
accommodate updates in the browsers listed above.
e. Provide a responsive designed website that is scales and is functional on a variety of screen sizes
to support mobile device access.
f. Provide a daily backup of City of Fayetteville website and transaction information.
g. Be responsible for issuing multiple letters to properties having testable containment backflow
assemblies to facilitate compliance in accordance with Fayetteville's Cross Connection Ordinances.
Format and content of letters shall be approved by the City of Fayetteville in advance.
h. All correspondence and communication documents including but not limited to letters,
communication in writing, emails, etc. shall give the appearance of being directly from the City
even though the content will be a collaborative effort with the City. Corresponding documents
and letters shall only include City logos.
i. Notifications shall include both customer and backflow assembly information, including when the
backflow assembly is due for annual certification, as well as the last tester on record with contact
information.
J. Shall notify Certified Testers of updated information requirements for test kit and certification
requirements. Tester's information shall be kept on record and up-to-date at all times.
k. Shall be responsible for providing real time records of non -compliant customers.
I. Shall provide all deliverables and performance measures outlined in this Contract.
m. EcosConnect shall allow the City's GIS department to receive data upon request, within two
(2) business days from date of request.
2. Privacy
a. The term "customer" in this exhibit shall be defined as the City's customer account.
b. EcosConnect shall collect the following types information for each customer at each location:
a. Name
b. Mailing and Shipping Address
c. E-Mail address (es)
d. Phone number (s)
c. EcosConnect shall not collect credit card information of the City's customers as the City is paying
for fees associated and identified as part of this contract.
d. EcosConnect shall use information provided from each customer only as necessary to complete
the order for service. EcosConnect shall not share information with outside parties.
e. The City shall be considered the owner of all data transmitted as part of this agreement.
f. EcosConnect shall use return e-mail addresses to answer the e-mail which was received. Such e-
mail addresses shall not be used for any other purpose and shall not be shared with outside or
third parties.
g. EcosConnect shall take reasonable steps safeguard and verify customer identity before granting
access or making corrections to a customer account. Customers may correct factual errors by
sending EcosConnect a request that credibly shows error.
h. EcosConnect shall maintain a secure network and shall keep all Customer data secure by means of
maintaining a firewall configuration. EcosConnect shall maintain a firewall configuration policy
and conduct configuration tests.
a. In the event of a data breach of information involving the Customer, EcosConnect shall
notify the City within 12 hours of becoming aware of such breach.
b. Statistical Information: EcosConnect may anonymously compile statistical information
related to the performance of the Service for purposes of improving the Service, but
only if such information does not identify the data as Customer's or otherwise
include Customer's name.
3. Publicity:
a. Logos: EcosConnect may include City's name and logos in its customer lists, press releases,
marketing materials, and on its website with advanced approval of the City.
b. Press Releases: EcosConnect may issue a high-level press release announcing the relationship
and the manner in which Customer will use the Service upon advanced approval from the
City.
c. Removal of Logos: The City reserves the right to require EcosConnect to withdraw any use
of City's trademarks, name, and logos if the City reasonably considers that EcosConnect's use
of the trademark, name, and logo is derogatory, defamatory, or detrimental to City or in any
way damages the City's business or reputation.
4. Performance Measures: EcosConnect shall provide the deliverables as outlined in this Contract.
S. EcosConnect Policies and Principles: Terms provided in this section shall govern regardless of what terms are
required to access an EcosConnect Account, Application or Website.
a. City employees may need an EcosConnect Account in order to use some Services. City of Fayetteville
employee EcosConnect Accounts shall be assigned by the City.
b. Passwords shall be kept confidential for all EcosConnect Accounts.
c. The City shall be responsible for the activity that happens on or through a City administered EcosConnect
Account. In the event the City learns of any unauthorized use of an employee's password or EcosConnect
Account, the City shall contact EcosConnect.
d. Misuse of EcosConnect Services is prohibited. The City agrees to not interfere with our Services
or try to access them using a method other than the interface and the instructions provided.
City agrees to only use EcosConnect Services only as permitted by law, including applicable
export and re-export control laws and regulations. EcosConnect may suspend or stop providing
Services if the City does not comply with this agreement.
e. Using EcosConnect Services does not give the City ownership of any intellectual property rights
in our Services or the content accessed by the City. The City may not use content from
EcosConnect Services unless you obtain permission from its owner or are otherwise permitted
by law. These terms do not grant the City the right to use any branding or logos used in
EcosConnect Services. City agrees not to remove, obscure, or alter any legal notices displayed in
or along with EcosConnect Services.
f. EcosConnect Services display some content that is not EcosConnect's. Such content is the sole
responsibility of the entity that makes it available. EcosConnect may review content to determine
whether it is illegal or violates our policies, and we may remove or refuse to display content
that we reasonably believe violates our policies or the law.
g. In connection with EcosConnect Services, EcosConnect may send the City service announcements,
administrative messages, and other information. The City may opt out of some of those
communications.
h. Some of EcosConnect Services are available on mobile devices. City agrees to not use such
Services in a way that distracts or prevents from obeying traffic or safety laws.
i. City's content in EcosConnect Services:
i. EcosConnect Services allow customers to submit content through a local Certified
Tester. The City shall retain ownership of any intellectual property rights that the City
holds in that content. The City's customer list shall not be disclosed to others.
ii. When content is uploaded or otherwise submitted to EcosConnect Services, the City
gives EcosConnect permission to host, store, reproduce, modify, create derivative works
(such as those resulting from translations, adaptations or other changes EcosConnect
makes so that the City's content works better with services provided), communicate,
publish, and distribute such content in order to perform the work defined within the
scope of work. The rights granted in this license are for the limited purpose of operating,
promoting, and improving services, and to develop new ones. This license continues
even if the City stops using EcosConnect Services. Some Services may offer the City ways
to access and remove content that has been provided to that Service.
EXHIBIT B
Fee Schedule
Annual Recurring Fees
- At launch (if not in January)
$3/active assembly
$3/assembly based on count of total
assemblies on January 1st each year
- Each January
(billed monthly or quarterly)
One Time Set-up Fees None
- Assembly Data migration from current system
- Establish Customer Data feed repository
- Training - online
- Onboarding training for staff - onsite (up to 2 visits) All included at no cost
- Set up reminder letters (up to 10 templates)
- Project Management
- Set-up Administrator accounts (multiple)
Optional Set-up activity
- Convert paper/pdf backflow tests submitted prior to
launch (tester credentials must be verifiable) $4/test report
Optional On -going Services
-Reminder letter print/stuff/mail fulfillment
$1.50/sheet
-Mailing Inserts
$0.50/insert/envelope
-Code development (unique feature requests)
$300/hour