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Res 17-24 Authorizing the Town Manager to execute a contract with SC TRacking for Cross Connection Control Program TOWN OF WESTLAKE RESOLUTION NO. 17-24 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH SC TRACKING SOLUTIONS, LLP, FOR SERVICES RELATED TO CROSS CONNECTION CONTROL PROGRAM ADMINISTRATION; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE,TEXAS. WHEREAS, the state requires water purveyors to provide a safe and adequate supply of water to citizens and water customers within their geographic service area; and WHEREAS, the Town Council finds that the enforcement of cross connection control requirements set forth by the state is sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, The Town Council of the Town of Westlake has determined that cross connection control regulations are necessary to adequately protect the public health, safety and welfare; and WHEREAS, the Town Council finds that the proposed cross connection control program service delivery through a 3"� party is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with SC Tracking Solutions, LLP for services related to cross connection control program administration, attached as Exhibit "A", and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-24 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 19th DAY OF JUNE, 2017. Laura Wheat, Mayor ATTEST: Kell)Edwar s Town Secretary 4� Thomas E. Bryme , o n Man ger �,..{ OF SFS APPROVED AS TO FORM: � m ,_,&'L. St"nton Lowry own Attorn ''�xAs' Resolution 17-24 Page 2 of 2 Appendix A: Backflow SC Tracking Solutions, LLC — Scope of Work *Included in this document is: A. The process to which the Town will follow to confirm inspection scores B. Location and storage of inspection reports; primary and secondary data C. The process to which the Town will follow to document and validate testers D. Fee Breakdown A. All backflow devices on Town file are entered into the software, as well as the entire description of the device, serial number, location, type, model, service and size. Contact Information on the person or persons responsible to have the device/s tested annually is also entered into the software. 35 days prior to the annual due date of a device SC Tracking Solutions will notify by email or mail the responsible party with instructions to have their chosen tester register a profile at sctrackingsoltutions.com. Notices will also go out 15 days prior to the expiration date on the notification. Their notification (letter or e mail) will have a Catalog number on it. After providing all documents necessary to complete the inspection, the tester will be allowed to create their own log in and password. Once logged on the tester will enter the catalog number. This will bring up the device and info to be tested, as well as the format specific to the device matrix, as outlined on the state standard form. Questions outlined on the state form are required to be answered as well. They will enter the results of the test pass or fail and check out. Should the device fail, they will be asked to enter the repairs completed, then the retest results. Once a device has passed it will be removed from that months non-compliance report. If a device fails, it will go to the non-compliance report for the Town to follow up on. This will happen concurrently throughout the year until all devices are completed. The Town has full access to all documents at all time day or night. Citizens have free access to the history of the test, through open records on the site, day or night. The Town must do enforcement once an account reaches the non-compliance report or SCTS cannot maintain a high rate of compliance. B. Data Storage of Inspection Reports is only of a secondary nature. Once a device passes using the software tool, SC Tracking Solutions emails a copy of the inspection report directly to the cities designee for storage on the Town protected server. The Town is the primary storage holder of every test and can pull any test or non compliance report at anytime. SC Tracking Solutions catalogs monthly non-compliance reports for Town use and tester documents (calibration sheet, drivers license, BPAT license, fire sprinkler license, confined space certification, etc..) Features of the storage area are listed below: Resolution 17-24 Page l of 2 • Location: Frisco, TX • Storage Capability: 2 TB or Terabyte • Security: Rotating 24 hr back up with 2 Separate Fire Walls • Climate Controlled area 24 hours a day • 3 Separate Battery Back up Systems for server • Data is not of a sensitive nature • Secure Location • Each server is backed up nightly to an external hard drive Site Restrictions: • All Testers/Technicians will have password protected logins • The site uses SSL protection through the host of the site (the padlock at the top) C. Tester/Technicians will be required to set up a password-protected account at wurxv.sctrackingsolutions.com. At which time they will also turn in by fax or email or upload all required documentation/credentials as determined by state law and Town ordinance. SC Tracking Solutions will cross check BPAT license with TCEQ database as well as verify all credentials prior to issuing the technicians temporary password. Once a temporary password is issued the technicians will log in to the site and change the temporary password to a permanent password of their choosing. The SCTS software has lock out mechanisms that keep the technicians from entering data unless all credentials remain current. Testers will be notified via there profile page to forward any expiring documentation to SCTS for verification and reactivation. All technicians have access to their personal profile for updating and uploading any new data that may have changed. D. ***Fees collected by SCTS on behalf of the Town will be reimbursed to the Town by check on a quarterly basis with an itemized report including each transaction. D:1: Fees collected include the $75 annual registration fee of which SCIS will require $12.50 of each transaction for processing fees. Example: $75 - $12.50= $62.50 to Town per annual registration fee entered D:2: The $25 backflow report processing fee SCTS will require $11.95 for the standard rate plus $1.50 processing fee above the standard rate for a total of$13.45 per report. Town will be refunded quarterly $11.55 per submitted report. Sales tax applies and is paid by the tester/technicians/inspectors. Example: $25 - $11.95 (Standard Rate)—$1.50 Processing fee above the standard rate since fee is $25 =$11.55 to Town per backflow report fee collected. *Rates subject to changed as determined by Town representative. Resolution 17-24 Page 2 of 2 Appendix C: Customer Service Inspection (CSI) SC Tracking Solutions, LLC — Scope of Work *Included in this document: A. The process to which the Town will follow to confirm inspection scores B. Location and storage of inspection reports; primary and secondary data C. The process to which the Town will follow to document and validate testers/inspectors D. Fee Option Breakdown A. All Customer Service Inspections on Town file are entered into the software, as well as the entire description of the location. Contact Information on the person or persons responsible is also entered into the software. After providing all documents necessary to complete the inspection, the inspector will be allowed to create their own log in and password. Once logged on the inspector will enter the catalog number. This will bring up location info, as well as the format specific to the device matrix, as outlined on the state standard form. Questions outlined on the state form are required to be answered as well. They will enter the results of the test, complete or incomplete and remarks accordingly. Should the inspection fail, inspector will be asked why in the remarks section of the electronic document. Once an inspection has passed it will be removed from that months non-compliance report. If an inspection fails it will go to the non- compliance report for the Town to follow up on. The Town has full access to all documents at all time day or night. Citizens have free access to the history of the test, through open records on the site, day or night. The Town must do enforcement once an account reaches the non compliance report or SCIS cannot maintain a high rate of compliance. B. Data Storage of Inspection Reports is only of a secondary nature. Once a device passes using the software tool, SC Tracking Solutions emails a copy of the inspection report directly to the cities designee for storage on the Town protected server. The Town is the primary storage holder of every test and can pull any test or non compliance report at anytime. SC Tracking Solutions catalogs monthly non-compliance reports for Town use and tester documents (calibration sheet, drivers license, BPAT license, fire sprinkler license, confined space certification, etc..) Features of the storage area are listed below: • Location: Frisco, TX • Storage Capability: 2 TB or Terabyte • Security: Rotating 24 hr back up with 2 Separate Fire Walls • Climate Controlled area 24 hours a day • 3 Separate Battery Back up Systems for server • Data is not of a sensitive nature Resolution 17-24 Page I of 2 • Secure Location • Each server is backed up nightly to an external hard drive Site Restrictions: • All Testers/Technicians will have password protected logins • The site uses SSL protection through the host of the site (the padlock at the top) C. Tester/Technicians/Inspectors will be required to set up a password-protected account at www.sctrackingsolutions.com. At which time they will also turn in by fax or email or upload all required documentation/credentials as determined by state law and Town ordinance. SC Tracking Solutions will cross check all related professional license with TCEQ database as well as verify all credentials prior to issuing the inspectors temporary password. Once a temporary password is issued the inspectors will log in to the site and change the temporary password to a permanent password of their choosing. The SCTS software has lock out mechanisms that keep the inspectors from entering data unless all credentials remain current. They will be notified via there profile page to forward any expiring documentation to SCTS for verification and reactivation. All inspectors have access to their personal profile for updating and uploading any new data that may have changed. D. Customer Service Inspection: $0 (subcontractor option), life of contract D:1: Fees collected, paid by tester, include the $100.00 annual registration fee of which SCTS will require $12.50 of each transaction for processing fees. Example: $100.00 - $12.50 = $82.50 to Town per annual registration fee entered D:2: The $25 backflow report processing fee, paid by tester, SCTS will require $11.95 for the standard rate plus $1.50 processing fee above the standard rate for a total of$13.45 per report. Town will be refunded quarterly $11.55 per submitted report. Sales tax applies and is paid by the tester/technicians/inspectors. Example: $25 - $11.95 (Standard Rate)—$1.50 Processing fee above the standard rate since fee is $25 = $11.55 to Town per backflow report fee collected. *Rates subject to changed as determined by Town representative. Resolution 17-24 Page 2 of 2 0 C TRACKING SOLUTIONS 0 000 EXHHIBIT A VIII. Miscellaneous 1. The section headings of this Agreement are included for purposes of convenience only and will not affect the construction of interpretation of any provision. 2. The parties acknowledge that this Agreement supersedes all written and oral agreements, if any, between the parties, and that this Agreement constitutes the entire and only agreement pertaining to the Services. 3. This agreement will be binding upon and will inure to the benefits of the parties and their successors and assigns. 4. This agreement will be construed,the rights and obligations created hereby will be governed, and the remedies available will be provided in accordance with the laws of the State of Texas, regardless of the conflict of law principles customarily applied by the courts of any jurisdiction. Venue and adjudication will be in the courts having jurisdiction in Tarrant County, Texas. IX. Notice Any notice required or given pursuant of this agreement shall be made to the following: SC Tracking Solutions Town SC Tracking Solutions, LLC Town of Westlake, Texas Attn: Tony Santoro (tongstlt�,sctrackin�,solutions.com) Attn: Jarrod Greenwood P.O. Box 323 1500 Solana Blvd. Bldg. 7, Suite 7200 Rockwall, TX 75087 Westlake, Texas 76262 1-866-232-0174 Phone: 817-490-5726 WHEREUPON,the parties caused this Agreement to be duly executed and to be effective on the date first above written. SC TracKin Solutions `Ton y ntoro, Authorized SC Tracking Solutions.com Date Representative Signature Town of Westlake, Texas Thomas E. Brym r Date Town Manager Resolution 17-24 Page 4 of 4 C TRACKING SOLUTIONS EXHIBIT A THIS AGREEMENT is effective on June 19, 2017 between the Town of Westlake, Texas (Town) and SC Tracking Solutions, LLC ("SC Tracking Solutions") for the Town to access SC Tracking Solutions.com and all services of the SC Tracking Solutions (the "Services") for- Terms of Service for SC Tracking Solutions By using the Services, Town is agreeing to be bound by the following terms and conditions ("Terms of Service"). I. Account Terms 1. Town representatives (Town Designated Employees) are permitted access to the Services. Each representative will be required to set up a unique user name and password. 2. Town is responsible for maintaining the security of account passwords assigned to Town personnel. SC Tracking Solutions cannot and will not be liable for any loss or damage from Town failure to comply with this security obligation. 3. Town agrees to forward all testers, inspectors, technicians, owners, landlords, property managers and any related inspections, including new construction and existing commercial or residential occupancies, to sctrackingsolutions.com. 4. Town agrees that SC Tracking Solutions is not an enforcement agency and at no time will be asked to enforce local or state laws or codes. 5. Designated Town enforcement personal will make every attempt to follow up on inspections that are over due within a reasonable amount of time. 6. Town may not use the Service for any illegal or unauthorized purpose. Town must not, in the use of the Service, violate any laws in its jurisdiction(including but not limited to copyright laws). 7. SC Tracking Solutions will store all information and data at a secure location at the address Frisco, TX. The IT Department for the Town may review the data security policies for SC Tracking Solutions to insure that they meet applicable standards for data security. 8. SC Tracking Solutions acknowledges that the Town is a governmental entity subject to public information laws of the State of Texas as codified in chapter 552 of the Texas Governmental Code. SC Tracking Solutions understands that, by maintaining Town data, SC Tracking Solutions may be subject to the public information laws of Texas. SC Tracking Solutions agrees to fully cooperate with the Town in regards to the Town fulfilling its obligations under the public information laws of the state. SC Tracking Solutions agrees not to provide information to anyone other than the Town if such information is confidential by law or is subject to an exception to release. 9. For purposes of this contract, contract services include cataloging/recording of backflow devices, CSI Inspections to include new residential, commercial and existing commercial devices annually. Resolution 17-24 Pagel of 4 A C TRACKING SOLUTIONS EXHIBIT A II. Term of Service Payment, Refunds, Upgrading and Downgrading Terms 1. Payment Term of Service- • Town will be charged $0 total for unlimited use of the backflow and CSI tracking application. See Appendix A and C, Section D for fee structure. • The one time fee of$4,500.00 will be waived for initial conversion of paper to electronic data entry. 2. The annual partnership fee of$0 for the unlimited use of the backflow and CSI applications will not change for the life of the partnership as long as the contract is renewed annually without interruption and the Town is not in breach of contract terms. 3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Town shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. 4. SC Tracking Solutions has the right to collect all taxes, levies, or duties imposed by taxing authorities as a data processor. 5. Town will be given a 60 days notice prior to the final term date of the contract. III. Cancellation and Termination 1. If Town elects to discontinue the use of SC Tracking Solutions service, written notice must be provided to SC Tracking Solutions at least 30 days prior to cancellation. Additionally and upon termination all Town content will be immediately returned to Town. 2. Upon termination of the contract, SC Tracking Solutions will submit all data collected resulting from any services in Town. Such data will be submitted in a retrievable format such as a CSV file. IV. Modifications to the Service and Prices 1. Prices of all Services, except for the annual subscription plan fees to the Service with any fees directly billed to Town, are subject to change upon 30 days notice from SC Tracking Solutions. Town may cancel the Agreement upon notice of change of fees, and said cancellation may occur prior to any increase in fees. V. Copyright and Content Ownership 1. SC Tracking Solutions claims no intellectual property rights over the material Town or any users provide to the Service. Town retains access rights to any information provided to SC Tracking Solutions by third parties who are using the Service to comply with any state or local requirement. SC Tracking Solutions will allow Town access to site to view any data submitted. Such data shall be made available to Town in easily accessible format. 2. SC Tracking Solutions will retain information submitted to them until the Town Secretary, in implementing Town records retention policy, determines that such information can be disposed. Resolution 17-24 Page 2 of 4 SC TRACKING SOLUTIONS 0 000 EXHIBIT A 3. The Town authorizes SC Tracking Solutions use of the Town logo on all forms, letters, notices, reports, computer portals or other Services related item. All forms, documents, computer portals or reports subject to the use of the Town logo by SC Tracking Solutions must be reviewed and authorized by designated Town personnel prior to publication. VI. General Conditions 1. SC Tracking Solutions agrees that the Services shall be fully functional at least ninety-eight percent(98%) of the time in any given calendar month. SC Tracking Solutions further agrees, to the extent practicable, to schedule any site maintenance between the hours of 1:00am and 5:00 am. 2. Technical support is provided to paying account holders and is available via email or phone. 3. Town agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use the Service, or access to the Service without the express written permission by SC Tracking Solutions. 4. SC Tracking Solutions may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any parties intellectual property of these Terms of Service. The Town will be notified of the content in a reasonable amount of time so that it may take appropriate action. 5. SC Tracking Solutions does not warrant that(i)the service will meet your specific requirements, (ii)the results that may be obtained from the use of the service will be accurate or reliable, and (iii)the quality of any products, services, information, or other material purchased or obtained by the Town through the service will meet Town expectations. 6. The failure of either parties to exercise or enforce any right or provision of the Terms of Service shall not continue a waiver of such right or provision. The Terms of Service and Appendixes A and C constitutes the entire agreement between Town and SC Tracking Solutions, and govern Town's use of the Service, superseding any prior agreements between Town and SC Tracking Solutions (including, but not limited to, any prior versions of the Terms of Service). 7. Either party shall be excused from and not be liable for its failure to perform the Agreement to the extent due to causes beyond a party's control and without that party's fault or negligence, including but not limited to acts of God, war, terrorist attack, epidemic, government order or regulation, disaster, strike, civil disorder, or commercially impracticable to provide the facilities, travel to the Event, or hold the event. The Agreement may be terminated without liability for any one or more of such reasons by written notice from one party to another. 8. Questions about the Terms of Service should be sent to CS0a SCTrackinaSolutions.com. VII. Assignment Neither party may delegate duties or assign interest in this Agreement without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld. Resolution 17-24 Page 3 of 4