CM-2021-096 - 4/9/2021CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES RELATED TO
SALES TAX CONSULTING SERVICES WITH
LEWIS F. MCLAIN, JR.
(DBA CITYBASE.NET")
THE STATE OF TEXAS
§
THE CITY OF ROUND ROCK
§ KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON
§
COUNTY OF TRAVIS
§
THIS AGREEMENT for professional consulting services related to sales tax consulting
services (the "Agreement'), is made by and between the CITY OF ROUND ROCK, a Texas
home -rule municipal corporation with offices located at 221 East Main Street, Round Rock,
Texas 78664-5299 (the "City"), and LEWIS F. MCLAIN, JR. (dba "CityBase.net"), with a
mailing address of 4906 Morning Glory Way, McKinney, Texas 75072 (the "Consultant").
RECITALS:
WHEREAS, consulting services, specifically sales tax consulting services, are desired
by the City; and
WHEREAS, City desires to contract with Consultant for said sales tax consulting
services; and
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder.
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. This Agreement shall terminate twenty-one (21) months from the effective date of
this Agreement.
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C. City and the Consultant reserve the right to review the Agreement at any time,
and may elect to terminate the Agreement with or without cause or may elect to continue.
2.0 SCOPE OF SERVICES
Consultant has issued its proposal for services, such proposal for services being attached
to this Agreement as Exhibit "A" titled "Scope of Services," which shall be referred to as the
Scope of Services of this Agreement and incorporated herein by reference for all purposes.
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A." Consultant shall perform services in accordance with this Agreement, in
accordance with the appended Scope of Services and in accordance with due care and prevailing
consulting industry standards for comparable services.
3.0 LIMITATION TO SCOPE OF SERVICES
Consultant's undertaking shall be limited to performing services for City and/or advising
City concerning those matters on which Consultant has been specifically engaged. Consultant
and City agree that the Scope of Services to be performed is enumerated in Exhibit "A" and
herein, and may be increased during the term of the Agreement to include financial services in
addition to Purchasing Card Services, but only with a written Supplemental Agreement executed
by both parties as described in Section 9.0.
4.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant an amount not -to -exceed Thirty -Seven Thousand Eight
Hundred and No/100 Dollars ($37,$00.00) to be paid as set forth in Exhibit "A" and herein.
5.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
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requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 7.0 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services, but not for taxes based upon Consultant's net income.
6.0 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
https://www.roundrocktexas. og v_'wp-contentiuploadsi2014."l2;'corr insurance_07.20112.pdf
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
8.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may affect
such termination by giving Consultant a written notice of termination at the end of its then-
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current fiscal year.
9.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
10.0 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the City or Consultant may
terminate this Agreement for the convenience of the City or Consultant, upon thirty (30) days'
written notice to Consultant or City, with the understanding that immediately upon receipt of
said notice all work being performed under this Agreement shall cease. Consultant shall invoice
the City for work satisfactorily completed and shall be compensated in accordance with the terms
hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall
not be entitled to any lost or anticipated profits for work terminated under this Agreement.
Unless otherwise specified in this Agreement, all data, information, and work product related to
this Project shall become the property of the City upon termination of this Agreement, and shall
be promptly delivered to the City in a reasonably organized form without restriction on future
use. Should the City subsequently contract with a new consultant for continuation of service on
the Project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
terminating party and the terminated party to fulfill contractual obligations. Termination under
this section shall not relieve the terminated party of any obligations or liabilities which occurred
prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
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of the work that is useable to the City, the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
11.0 NON -SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
12.0 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer -employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
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(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
13.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
of the other to a third party as may be required by law, statute, rule or regulation, including
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other with prompt
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written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar farm of process, provided that (without breaching any legal
or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than Deliverables). Consultant shall have the right to retain
copies of the Deliverables and other items for its archives. Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to the
Consultant. "Working papers" shall mean those documents prepared by Consultant during the
course of performing the Project including, without limitation, schedules, analyses,
transcriptions, memos, designed and developed data visualization dashboards and working notes
that serve as the basis for or to substantiate the Project. In addition, Consultant shall retain sole
and exclusive ownership of its know-how, concepts, techniques, methodologies, ideas, templates,
dashboards, code and tools discovered, created or developed by Consultant during the
performance of the Project that are of general application and that are not based on City's
Confidential Information hereunder (collectively, "Consultant's Building Blocks"). To the
extent any Deliverables incorporate Consultant's Building Blocks, Consultant gives City a non-
exclusive, non -transferable, royalty -free right to use such Building Blocks solely in connection
with the deliverables. Subject to the confidentiality restrictions mentioned above, Consultant
may use the deliverables and the Building Blocks for any purpose. Except to the extent required
by law or court order, City will not otherwise use, or sublicense or grant any other party any
rights to use, copy or otherwise exploit or create derivative works from Consultant's Building
Blocks.
City shall have a non-exclusive, non -transferable license to use Consultant's Confidential
Information for City's own internal use and only for the purposes for which they are delivered to
the extent that they form part of the Deliverables.
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Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industrial standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work not in compliance
with this representation.
15.0 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
Neither party's liability, in contract, tort (including negligence) or any other legal or
equitable theory, (a) shall exceed the professional fees paid or due to Consultant pursuant to this
Agreement or (b) include any indirect, incidental, special, punitive or consequential damages,
even if such party has been advised of the possibility of such damages. Such excluded damages
include, without limitation, loss of data, loss of profits and loss of savings of revenue.
16.0 INDEMNIFICATION
Consultant shall save and hold harmless City and its officers and employees from all
claims and liabilities due to activities of his.'her-'itself and hisiher: its agents or employees,
performed under this Agreement, which are caused by or which result from the negligent error,
omission, or negligent act of Consultant or of any person employed by Consultant or under
Consultant's direction or control.
Consultant shall also save and hold City harmless from any and all expenses, including
but not limited to reasonable attorneys' fees which may be incurred by City in litigation or
otherwise defending claims or liabilities which may be imposed on City as a result of such
negligent activities by Consultant, its agents, or employees.
17.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
18.0 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
19.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of a contract. The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term
of this Agreement.
20.0 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
21.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
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Andrea Saiz
Budget Analyst
221 East Main Street
Round Rock, TX 78664
(512) 218-7021
asaiz(a-)roundrocktcxas.gov
22.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Lewis F. McLain, Jr.
4906 Morning Glory Way
McKinney, Texas 75072
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
23.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
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24.0 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
25.0 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
26.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
27.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
28.0 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
29.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
30.0 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each Phase of this Agreement within the agreed
Exhibit "A" may constitute a material breach of the Agreement.
Consultant shall be fully responsible for its delays or for failures to use reasonable efforts
in accordance with the terms of this Agreement. Where damage is caused to City due to
Consultant's failure to perform in these circumstances, City may withhold, to the extent of such
damage, Consultant's payments hereunder without a waiver of any of City's additional legal
rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid
unreasonable delays in the orderly progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:P L v
Printed Na r- o /ll
Title:455 -- 6 j'K v-
Date Signed:
For City, Attest:
By:
Sara L. White, City Clerk
For City, Approved as to Form:
By: 4: odi
..
Stepha4LSteets, City Attorney
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Lewis F
By:
Printed Nam
Title:
Date Signed:
Lain, Jr.
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1 n, TV
EXHIBIT A
SCOPE OF SERVICES
Sales Tax Analysis & Reporting System
Introduction
Lewis F. McLain, Jr., President, dba CityBase.Net (LFM) is highly qualified to construct and
maintain a Sales Tax Analysis & Reporting System (See Attachment A). LFM and the City of Round
Rock ("CITY") enter into this Agreement for a Sales Tax Analysis & Reporting System, a service
(not software) with a variety of products that are described in the Scope of Service section below.
This service is a critical component of a broader Revenue Management System. The revenue base of
an organization needs to be continually evaluated for accuracy and performance. Left alone, there is
almost a certainty that opportunities will be missed and errors will be introduced into a revenue
system. There is not a revenue source with more significance, complexities, seasonal variations,
economic fluctuations and constant changes as the sales tax system. The purpose of these proposed
and agreed upon services is to analyze and report confidential sales tax data in order for CITY to be
better understand internal shifts in the sales tax base. The products provided will assist CITY to
recognize revenue vulnerabilities and to better explain current and historical data as well as to
forecast future sales tax revenues.
Scope of Services
CITY has provided or will provide LFM with monthly confidential sales tax data provided by the
State Comptroller's Office for the period beginning January 2008 or earlier if available. LFM has
prepared an analysis and prototype report to CITY to establish the nature of the information that will
be provided to CITY by LFM on a monthly basis. The prototype report contains confidential data,
which makes it against the law to include as an attachment to this contract. However, CITY staff will
attest that they have received a prototype report and links to online reports and LFM attests that the
services to be provided shall be consistent with the prototype report. A description of the prototype
report is as follows:
a First and foremost, LFM and CITY will at all times adhere to all state laws requiring that the
confidential sales tax files be used for the intended purpose of economic forecasting and will
be kept confidential.
a LFM shall prepare a comparison of overall sales tax performance of CITY to other sales tax
authorities in the region. This comparison will be made in summary form using the database
made public by the State Comptroller.
a CITY shall request from the State Comptroller and provide to LFM the confidential sales tax
database/files in electronic format on a monthly basis or, alternatively, request the State
Comptroller to supply the confidential data directly to LFM.
a LFM shall reconcile State Comptroller confidential files to revenues as shown on actual
public receipt reports. CITY shall be responsible for soliciting information from the State
Comptroller regarding any significant variances.
Services Agreement
CltyBase.Net, Inc.
Page 3 of 26
• LFM shall make best efforts to scrub the confidential data such that business name spellings
are consistent as well as NAICS codes to the Sector/Category (2-Digit) level
• LFM shall produce new businesses added list from state files and track them into the actual
revenue files.
• LFM shall produce a list of businesses that have been removed from the list or that appear to
be delinquent on payments. The results of the watch list and the resolution of such accounts
shall be the responsibility of the CITY; however, LFM shall take significant delinquent or
removed businesses into consideration for forecasting purposes.
• LFM shall produce an analysis and report of all audit adjustments designated in the sales tax
confidential file, if made available by the State Comptroller. Audit adjustments, both positive
and negative, can be significant and need to be incorporated into consideration for forecasting
purposes.
• LFM shall produce Rolling 12-month (R12) reports to smooth out monthly variations and be
more helpful for trend analysis. This information shall also be prepared in graphical form for
the Top Payers that represent at least 80% of the total sales tax revenues.
• LFM shall prepare a Revenue Vulnerability report to isolate those larger taxpayers that might
be non -recurring or particularly subject to change — such as for major construction projects,
mineral extract companies, etc.
• LFM shall produce summaries by North American Industry Classification System (NAICS)
code at the 2-digit level. These summaries will be used to analyze industry groups and to
separate sales tax receipts into two broad categories: 1) Retail Consumer and 2) Business -to -
Business. The forecasting model shall include different methodologies to forecast each of
these two components to be extent possible.
LFM shall prepare a rolling 12-month sales tax forecast at the business level that can be
summarized at the NAICS code level. LFM is responsible for documenting assumptions in
conjunction with key CITY staff input. However, neither LFM nor CITY can assure the future
economic forecasted events will materialize nor is there any control over individual business
decisions by significant sales tax payers.
• LFM shall make best efforts to identify exceptions and anomalies, such as missed payments,
missing payers, payers belonging to another non -Round Rock and potential under -reporting.
However, no representation is made that LFM will be conducting any form of formal audit
even though a by-product of the analytical approach taken could identify possible aberrations
to pursue with the audit division of the State Comptroller's Office.
• All services are priced on electronic communications only, such as Web -based Zoom
Meeting. It is not anticipated that meetings will be required at the site of the CITY unless
requested by CITY.
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Timetable
CITY shall provide the confidential sales tax files obtained from the State Comptroller as soon as
available each month. LFM shall prepare and present analyses and reports to CITY within 15
business days of the monthly or quarterly report option dates or as soon as possible.
Ownership of Data & Work Products
This Agreement is intended to be a service agreement and is not a software sale or lease. Therefore,
LFM and CITY agree to these following items.
• LFM's work product given to CITY shall be in the form of Adobe PDF files, Excel
Spreadsheets or online reports. There will be no paper reports. All PDF files shall be delivered
to only staff persons designated by CITY.
• LFM may use Excel 2016, SQL Server 2019, Power BI and several other Business
Intelligence software tools LFM finds ideal for this service. These work products belong to
LFM and shall not be the property of CITY.
• The raw sales tax data belongs to CITY.
e The compiled and analyzed sales tax data, including forecasting models shall belong to LFM.
Confidential Information & Security
All of the information will be kept confidential in accordance with state laws. CityBase.Net would
prefer to exchange data and products only through named CITY employees so that a clear "chain of
custody" is documented.
Succession Planning
CityBase.Net and McLain Decision Support Systems are a father -son team. Lewis and Kenneth
McLain currently work together on the sales tax analysis work in SQL, preparation of the Power BI
reports and analyses and deployment to the Server/Web environment. The procedural steps from start
to finish are in the process of being documented for security and succession purposes.
Public Information
LFM prepares city -to -city comparisons on a monthly basis, all of which is from data available to the
public through the State Comptroller's Office. This data is shared with governmental entities
statewide and has a high probability of being reported by the news media. LFM reserves the right to
publish data of this nature that might include the CITY in comparisons with other cities but under no
circumstances would involve any of the confidential data.
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Internet Backup and Security
MDSS utilizes Calligo as our hosting partner. They host our code, SQL Server databases, SQL Server
Reporting Services and our backup and recovery plans.
Below is a summary of what Calligo provides. We will be referencing this section for many of the
ITS answers.
1. Calligo Overview
Calligo is a Global Cloud Services Partner dedicated to delivering the highest levels of data privacy
demanded by the new General Data Protection Regulation. Through its global Calligo Cloud
Network located locations around the world it can offer a range of cloud services, delivered to
consistent operational and contractual standards, that are backed by unrivalled levels of data security.
Delivering a highly efficient range of cloud services to organizations of any size, empowering our
clients whether to take advantage of the benefits cloud -computing offers.
Calligo provides an unrivalled level of data privacy with ISO 9001 & 27001 and SOC 2 Type 1
certifications across all cloud services, 100% data encryption and guaranteed data residency within
each of the jurisdictions. Calligo is also uniquely able to guarantee performance across all
applications and services running within any of our service offerings. Cloud computing based
services represents such a paradigm shift in the way business systems will be delivered that many of
the skills and disciplines required to correctly plan, design, implement and support such
infrastructures are not found within the traditional server -based computing teams.
Calligo has established an unrivalled reputation built on delivering successful transformations where
real strategic benefits have been delivered throughout the entire organization.
2. Domains
• Client will be installed on two domains
o Xxxxx.mclaindss.dev
o Xxxxx.mdss.dev
o Random 5 digits
• Domains installed with GoDaddy "Ultimate Domain and Security"
o Redacts your name, address, phone number and email in our WHOIS
directory.
o Prevents domain -related seam.
o Redacts your remaining personal details (organization and state/province) in
our WHOIS directory
o Prevents spam with a private email address for domain inquiries.
o Protects against accidental expiration & malicious transfers.
o Shuts down domain hijackers.
o Protects your website with automatic malware scans & continuous security
monitoring.
o Monitors blacklists for Google and other search engines to make sure your
website appears in search results.
o Our Domain Privacy & Protection solutions ensure that your remaining
details, such as organization and state/province are also redacted.
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o Avoid losing your domain. Full Domain Privacy & Protection puts your
domain on lockdown, making inadvertent, accidental, or malicious transfers
virtually impossible.
o Rather than having your personal email address out there for the world to see,
Full Domain Privacy & Protection includes a private email address for
domain inquiries that you can forward to another account, filter, or block
completely. The only messages you will have to see are the ones you want.
o With Full Domain Privacy & Protection, your domain is protected from
domain hijacking and honest mistakes like accidental transfer or an expired
credit card. It also prevents spam with a private email address for domain
inquiries.
o Full Domain Privacy & Protection puts your domain on lockdown, making
inadvertent, accidental, or malicious transfers virtually impossible. Plus, it
will extend your domain's renewal period in case of an expired credit card
and billing failure.
o Our Ultimate Domain Protection & Security goes even further, adding
automatic malware scans and continuous security monitoring for your
website. It even monitors blacklists for Google and other search engines to
make sure your domain continues to appear in search results
• Installed SSL
o Strong SHA-2 and 2048-bit encryption.
o Secure padlock in browser
o Secure site Trustmark to increase customer confidence.
o McLainDSS
1. iP Address (IPV4)173.255.xxx.xx
2. Server Type Microsoft-IIS/10.0
3. Certificate Signature Algorithm Sha256 With RSA Encryption
4. SCSV Fallback Enabled
5. Heartbleed Vulnerability Secure
6. OCSP Stapling Enabled
7. OCSP Status Good
8. Encryption Methods TLSv1, TLSv1.1, TLSv1.2
9. Safe Ciphers Safe ciphers enabled
10. Serial Number ff.ba:13:23:0a:64:12:33
3. Cloud Core Hosting
• Data Residency & Privacy — Cloud Core is available in many jurisdictions that the
rest of the cloud market cannot serve and restricts the movement of data - including
copies - outside nominated territories.
• Availability - Built across nine geographically dispersed locations in six different
jurisdictions, each with high -availability connectivity and independently classified
as a minimum of Tier 11I (99.98% uptime).
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• Scalability - Clients can add or remove compute power and storage, provision virtual
machines, or even introduce new data centers and regions to their environments as
required.
• Performance — Cloud Core is one of the highest performing public clouds on the
market. It is one of few able to offer performance -based guarantees, even to the
application level, due to its innovative design, flexibility and "noisy neighbor"
mitigation.
• SLA - In addition to Cloud Core being industry -leading in performance and
availability, Calligo also offers industry -leading SLAB across all aspects of service
provision, including financially backed SLAB for uptime.
• Security — Cloud Core's design follows a security -first, "defense in depth"
philosophy, and uses a portfolio of constantly -reviewed best of breed technologies
to maintain it, while also placing rigorous requirements on its data center partners.
• Ease of Management - Calligo's proprietary self-service cloud management platform
simplifies cloud administration, including deploying virtual machines with a single
click, or firewalls from templates.
• Innovation - One of the most advanced public cloud platforms available. Calligo's
strong relationships with its vendors have led to an industry reputation as an early
adopter, if not first to market, with new technologies.
• Cost Efficiency — Cloud Core is offered on a consumption -based Virtual Data Centre
model, not a per-VM basis. This ensures you pay only for the precise resources you
require, and not for any excess, unused resources that would be provisioned in a per-
VM model.
• SLA
4. SQL Server
• We utilize SQL Server 2019 Standard Edition
• SQL Server Standard edition delivers basic data management and business
intelligence database for departments and small organizations to run their
applications and supports common development tools for on -premises and cloud -
enabling effective database management with minimal IT resources.
• SQL Server Components
o SQL Server Database Engine includes the Database Engine, the core service
for storing, processing, and securing data, replication, full -text search, tools
for managing relational and XML data, in database analytics integration, and
PolyBase integration for access to Hadoop and other heterogeneous data
sources, and Machine Learning Services to run Python and R scripts with
relational data.
o Analysis Services includes the tools for creating and managing online
analytical processing (OLAP) and data mining applications.
o Reporting Services includes server and client components for creating,
managing, and deploying tabular, matrix, graphical, and free -farm reports.
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Reporting Services is also an extensible platform that you can use to develop report applications.
o Integration Services is a set of graphical tools and programmable objects for
moving, copying, and transforming data. It also includes the Data Quality
Services (DQS) component for Integration Services.
o Master Data Services (MDS) is the SQL Server solution for master data
management. MDS can be configured to manage any domain (products,
customers, accounts) and includes hierarchies, granular security,
transactions, data versioning, and business rules, as well as an Add -in for
Excel that can be used to manage data.
o Machine Learning Services (In -Database) supports distributed, scalable
machine learning solutions using enterprise data sources. In SQL Server
2016, the R language was supported. SQL Server 2019 (15.x) supports R and
Python.
o SQL Server Management Studio (SSMS) is an integrated environment to
access, configure, manage, administer, and develop components of SQL
Server. SSMS lets developers and administrators of all skill levels use SQL
Server. The latest edition of SSMS updates SMO, which includes the SQL
Assessment API.
o SQL Server Configuration Manager provides basic configuration
management for SQL Server services, server protocols, client protocols, and
client aliases.
o SQL Server Profiler provides a graphical user interface to monitor an
instance of the Database Engine or Analysis Services.
o Database Engine Tuning Advisor helps create optimal sets of indexes,
indexed views, and partitions.
o Provides a highly simple and intuitive graphical user interface to connect to
the DQS server and perform data cleansing operations. It also allows you to
centrally monitor various activities performed during the data cleansing
operation.
o SQL Server Data Tools provides an IDE for building solutions for the
Business Intelligence components: Analysis Services, Reporting Services,
and Integration Services. SQL Server Data Tools also includes "Database
Projects", which provides an integrated environment for database developers
to carry out all their database design work for any SQL Server platform (both
on and off premise) within Visual Studio. Database developers can use the
enhanced Server Explorer in Visual Studio to easily create or edit database
objects and data or execute queries.
S. SQL Server Reporting Services and SSRS Report Server
• We utilize SQL Server Reporting Services (SSRS) 2019
• SQL Server Reporting Services (SSRS) provides a set of on -premises tools and
services that create, deploy, and manage mobile and paginated reports.
• The SSRS solution flexibly delivers the right information to the right users. Users
can consume the reports via a web browser, on their mobile device, or via email.
• You can connect to Power BI datasets using either Microsoft Report Builder or SQL
Server Data Tools (SSDT). Then you can publish those reports to SSRS 2019 using
SQL
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Server Analysis Services connectivity. Users need to use a stored Windows username and password
to enable the scenario.
• SQL Server 2019 now supports Transparent Database Encryption for the SSRS
catalog database for Enterprise and Standard editions.
6. Power BI and Power BI Report Server
• We utilized Power BI and Power BI Report Server (2020).
• What is Power BI? A business analytics service to:
o Get a self -serve analytics platform that scales across the organization.
o Find and share meaningful insights using smart tools.
o Help keep your data secure and compliant —even when exported.
o Reduce the added cost and complexity of multiple solutions.
• Create amazing data experiences - Easily connect to, model, and visualize your data,
creating memorable reports personalized with your KPIs and brand. Get fast, AI -
powered answers to your business questions —even when asking with conversational
language.
• End -to -end data protection - Better protect your data across Power BI reports,
dashboards, and data sets with persistent protection that keeps working even when
shared outside your organization or exported to other formats such as Excel,
PowerPoint, and PDF.
• Connect to your data, wherever it is - Access data from hundreds of supported on -
premises and cloud -based sources, such as Dynamics 365, Salesforce, Azure SQL
DB, Excel, and SharePoint. Ensure it is always up to date with automated,
incremental refreshes. Power BI Desktop enables you to develop deep, actionable
insights for a broad range of scenarios.
• Prep and model your data with ease - Save time and make data prep easier with data
modeling tools. Reclaim hours in your day using the self-service Power Query
experience familiar to millions of Excel users. Ingest, transform, integrate, and
enrich data in Power BI.
• Provide advanced analytics with the familiarity of Office - Dig deeper into data and
find patterns you may have otherwise missed that lead to actionable insights. Use
features like quick measures, grouping, forecasting, and clustering. Give advanced
users full control over their model using powerful DAX formula language. If you are
familiar with Office, you will feel at home in Power Bl.
• Deepen your data insights with Al -driven augmented analytics - Explore your data,
automatically find patterns, understand what your data means, and predict future
outcomes to drive business results. The new Al capabilities —pioneered in Azure
and now available in Power BI—require no code, enabling all your Power BI users
to discover hidden, actionable insights and drive more strategic business outcomes.
• Create interactive reports customized for your business - Create stunning reports
with interactive data visualizations. Tell your data story using a drag -and -drop
canvas and hundreds of modern data visuals from Microsoft and partners —or create
your own, using the Power BI open -source custom visuals framework. Design your
report with theming, formatting, and layout tools.
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Author for everyone, anywhere - Get visual analytics to the people who need it.
Create mobile -optimized reports for viewers to consume on the go. Publish from
Power BI Desktop to the cloud or on -premises. Embed reports created in Power BI
Desktop into existing apes or websites
Power BI Report Server is an on -premises report server with a web portal in which
you display and manage reports and KPIs. Along with it come the tools to create
Power BI reports, paginated reports, mobile reports, and KPIs. Your users can access
those reports in different ways: viewing them in a web browser or mobile device, or
as an email in their in -box.
7. Cloud Shield
• Disaster recovery services
o Cloud Shield is Calligo's disaster recovery (DR) service for enterprises. It is
a specially designed variant of Cloud Core that allows clients to reserve the
computing capacity they would need in a disaster scenario but only pay for
it when it is needed.
o Cloud Shield can be used to deliver DR protection for traditional on premise,
or
o hosted, systems, as well as cloud services including Cloud Core.
o Your production data is 100% replicated between the production and DR site
and on invocation or testing the other resources, CPU and Memory, are
provisioned to 100%.
• Disaster recovery requirements
o Organizations will have different DR requirements driven by their Recovery
Time (RTO) and Recovery Point Objectives (RPO) as well as their budget
and the existing technologies that they use.
o In simple terms the RTO describes how quickly services must be restored
after a disruptive event.
o The RPO is the point in time from which a known and valid data set can be
recovered. In the historical world of overnight tape backups an RPO of 12 to
24 hours would be common.
o Defining an organization's RTOs & RPOs is a function of Business
Continuity Planning.
o Some businesses will deem that a RTO of 4 hours and a RPO of 1 hour is
acceptable and for many organizations that would be a dramatic
improvement on their current capabilities. Other organizations will demand
RTOs of a few minutes with no loss of data, i.e. an RPO measured in seconds
• VMWARE'S SITE RECOVERY MANAGER (SRM): SRM integrates natively
with other VMware products including vSphere Replication so is well suited where
you are already using VMware. It provides automated orchestration and non -
disruptive testing of centralized recovery plans to simplify disaster -recovery
management for all virtualized applications. The RPO for vSphere replication is
asynchronous and scales between 15 minutes and 24 hours at 15-minute increments,
however it will endeavor to replicate in as near time as possible, bandwidth
depending.
• VEEAM BACKUP & REPLICATION: Veeam Backup & Replication combines
image -based backup and replication for VMware in a single solution. It can
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replicate continuously if required. It is easy to configure and fits particularly well
where Veeam is already being used for backups. It lacks the orchestration of SRM
or Zerto but does include the ability to maintain multiple replicas restore points.
ZERTO Zerto provides hypervisor-based replication at several levels: a single
virtual machine, a group of machines or a virtual application. Zerto's replication
achieves RPO in seconds and RTO in minutes. It can create multiple recovery
points and uniquely it supports replication to more than one DR site. Zerto has the
most comprehensive set ofmanagement tools, provides scripting and orchestration
options, and integrates tightly with VMware products such as vCloud.
8. Cloud Copy
Organizations across the globe are turning to remote, managed, off -site backups to protect their
data, giving peace of mind that if, and when, the worst happens they will not only survive the
disaster, but will be back up and running again within a matter of hours. Calligo offers a completely
outsourced cloud backup solution. Data is backed up automatically to one of our offshore data
centers where it is stored on mirrored and redundant storage arrays. The data is then replicated to
a second data center.
The entire solution is monitored and supported 24/7/365 by Calligo. Cloud Copy complements
Calligo's other cloud offerings and is designed to meet the highest legal and regulatory
requirements for protecting sensitive data. It is suitable for IT departments with on premise
equipment, or businesses that use co -location hosting services or organizations that are already
using cloud services. The Cloud Copy solution provides the highest levels of security and
resilience whilst meeting the most demanding of operational requirements.
• Fully Managed Backups - Calligo will manage the implementation of the service
advising on best practice. This includes 240 monitoring, proactive reporting on a
daily basis, remote operational assistance and advice following any internal
system changes that could affect backups.
• Asigra cloud backup software - Calligo's Cloud Copy backup service uses the
Asigra software which has been developed over 20 years and is used by some of
the largest companies across the globe, including Coca Cola, Toyota, Vodafone
and the US Air force. As a pioneer in the field of cloud backup, Asigra has been
driving the industry forward with numerous technology firsts. Asigra was the first
multi -tenant backup/ recovery platform, the first to offer agentless bare -metal
restore and the first to provide Information Lifecycle Management (ILM) -aware
backup software to align the value of data with storage costs over time. Asigra
combines heterogeneous system support with WAN -optimization technologies
such as compression and de -duplication across multiple sites for an efficient, cost
effective and transformational cloud backup and recovery solution.
• Cloud Copy Features
o Non -Hardware specific bare metal server restore
o Autonomous Self -Healing to ensure data validity
o Compatible with a wide range of systems
o Centralized management interface for IT team
o Agentless technology - Easy to include additional servers or applications
o Common File Elimination and deduplication
o Real-time backup of file and email servers
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o Hot backups of databases
o Retention rules to allow for periodic snapshots of data for regulatory
compliance
0 Business Benefits
o Time savings for an internal IT department that must manage an inhouse
backup solution
o Guaranteed RPO (Recovery Point Objective) and RTOs (Recovery Time
Objective) backed by contractual SLAs.
o Expert data restoration specialists available as an extension of your internal
IT department
o Possibility to reduce business continuity insurance costs
o Reassurance to customers and regulator of sound Business Continuity and
Disaster Recovery procedures
o Tiered Storage - The Cloud Copy infrastructure consists of tiered storage for Live and
Archived storage. Business critical data will reside in Cloud Copy's Live tier of storage; this will
ensure the fastest possible restoration time. The Live tier resides on amazingly fast disk for fast
restores. Calligo recommends the Live tier of storage for the backup of all bare metal and/ or virtual
machine images, email, SQL, and latest file data. Archive tier of storage provides the most cost-
efficient storage environment.
• Continuous Data Protection (CDP) - Cloud Copy provides CDP, a no cost option
that allows the recovery of data back to any point in time in case of a crash. Some
businesses will want their data to be protected as soon as it is in its final state.
Continuous Data Protection (CDP) refers to data that is automatically protected
whenever a change is made to that data (asynchronous backup). Therefore, CDP
enables data copies almost in real-time capturing every version of the data
whenever the organization saves it. It allows data to be restored to any point in
time. The CDP feature allows unlimited granularity — it means that data can be
recovered from an almost infinite number of recovery points. CDP protected files
are protected whenever they are saved to disk by users in their source computers.
CDP also continuously monitors the changes on the specified target files and backs
up the changes as soon as they are detected. Cloud Copy CDP is implemented as
a no -cost backup option and can be applied to file systems and email backup sets
to improve the recovery objectives of critical data. CDP has many customer
benefits; it provides peace of mind that the latest version of critical data has' been
backed up and is available to be recovered. Flexible RPOs. Traditional backups
can only restore data to the point at which the backup was taken. With CDP, there
are no backup schedules. When protected data is saved to disk, it is also
asynchronously written to Calligo's storage repository. CDP keeps not only the
latest saved version of protected data but also keeps track of the previous versions
allowing data recovery from a wider point in time range. Immediate protection of
critical data. Once protected data is saved to disk, it is backed up locally (if local
storage is available on the DS-Client) and simultaneously is encrypted and sent
and stored offsite in Calligo's cloud. Backup window and recovery time objectives
(RTOs) are reduced to zero. Flat -file and email data can be backed up using
Continuous Data Protection (CDP) and hot -backups of databases to protect
continuously, 24 hours a day.
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• De -duplication & Encryption
o All backup data is de -duplicated and compressed prior to being stored. The
DS Client processes the data to ensure both efficient data storage and
minimal data transfer.
o The DS-Client identifies duplicate data by looking for the same data
queued for backup more than once.
o All data is compared based on its content, so it does not matter if the files
are on different servers or have different names.
o Common data is stored to the appropriate repository and a pointer/stub is
used to point from the data's original location to the library location.
o This is a continuous process, as common data can appear at any time.
o The DS-Client also encrypts all data which ensures it is completely secure
"in- flight" and "at -rest."
o Asigra were one of the early pioneers of encrypted data and over the years
has improved the different types of encryption used for data backup.
o Today the DS-Client uses a FIPS 140-2 (a US government security
standard) certified encryption module.
o This encrypts the data at source using the highly secure AES 256 bit
algorithm which ensures that only encrypted data is sent to, or stored in,
the Cloud Copy backup repositories.
• In every recovery scenario, Cloud Copy offers major advantages over competing
solutions. Your IT team, or Calligo as part of a managed service, can centrally
manage data backup/recovery for a wide variety of remote site operating
environments and devices, including the industry's most popular servers,
desktops, and laptops. The simplicity and policy -customization functionality of
Cloud Copy facilitates unattended and automatic processes to ensure consistent
fulfilment of internal SLAs and other RPO/RTO targets. Cloud Copy leverages
the inherent advantages of disk -to -disk (13213) technology for faster recovery of
more data— supporting simultaneous recovery of multiple files, databases, etc.
And, because the Asigra software utilizes multiple data reduction and
minimization techniques, there is less data to move, and time -to -recovery is faster.
• Cloud Copy is a fully managed service.
o Once the implementation is complete, Calligo will provide full
administration and management of the daily backup operations. Calligo
will fully manage all aspects of the software and hardware on a 24/7/365
basis for the entire contract length and will provide all the necessary Cloud
Copy training to your staff. Full support includes the proactive daily
reporting of backup activity electronically with error notifications and
resolutions notified through the Calligo Helpdesk with email notification.
Escalation of any issue is then made over the telephone with Helpdesk
documentation. Calligo will liaise closely with the customer's IT personnel
to ensure that the reporting lines are tailored to suit their requirements.
o Calligo will work in conjunction with the customer's IT team to perform
data restorations. The Calligo managed service is designed to reduce or
remove the involvement of customer staff in the backup or restoration
process.
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o Calligo's support service is all encompassing and will provide
maintenance and day-to-day support of the entire backup infrastructure.
This will include:
o Day to Day administration and monitoring of all customer backup sets
o Proactive reporting daily
o SLA driven recovery of data
o Free phone technical support during business hours
o Hands on support during business hours with 24*7 support available as
an option
o Remote assistance during business hours with 24*7 support available as
an option
o Management and ensuring of system uptime and availability
o Consultancy and recommendations to modify setup following any
internal IT changes
9. Compliance and Data Security
Calligo takes its data responsibilities seriously.
We hold multiple data qualifications and hold numerous accreditation and ensure their ongoing
observance, giving customers full confidence in the safety of their data.
• ISO 27001:2013: ISO 27001:2013 is the latest version of the ISO's (International
Organization for Standardization) common framework to manage information
security within an organization. The basic objective of the ISO 27001 standard is
to help establish and maintain an effective information security management
system that has a defined continual improvement approach to ensure it can grow
and change along with the business and the technologies used. Calligo's
implementation of ISO 27001:2013 intends to protect the confidentiality, integrity
and availability of the information assets that are stored within our platform,
ensuring that we continue to maintain the highest levels of security and privacy
regardless of jurisdiction.
• ISO 9001:2015: ISO 9001 helps ensure that customers receive consistent, good
quality products and services. At Calligo, we have built out our ISO 9001 QMS to
provide a solid scalable framework for managing our business, delivering
efficiency through repeatable, safe, high -quality processes. The QMS touches all
the key areas within the organization. This includes our "client facing" areas,
Sales, Marketing, Service Delivery, Project Management, and Audit &
Compliance and our "run the company" areas, such as Purchasing, HR, Health &
Safety, and Corporate Governance.
• ISO 27018: ISO 27018 govems the processing of personal data in the cloud. It was
the first privacy -specific international standard for the cloud and seeks to address
issues such as keeping customer information confidential and secure, and
preventing personal information from being processed for secondary purposes
without user consent. Calligo has aligned itself to ISO 27018, complementing our
existing security risk management policies and procedures through ISO 27001. It
is our intention to officially certify against ISO 27018 once a UKAS recognized
certification is obtainable.
• SOC 2 - Type: To add to our commitment to information security and governance
through ISO 27001, Calligo has also achieved compliancy with a SOC 2 Type 1
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Report. This provides detailed information and assurance about our service's
security, availability, processing integrity, confidentiality and/or privacy controls,
based on their compliance with the AICPA's (American Institute of Certified
Public Accountants) TSC (Trust Services Criteria).
• GDPR: We comply with the principles of the EU General Data Protection
Regulation (GDPR), as well as the UK Data Protection Act 2018, the Data
Protection (Jersey) Law 2005, the Data Protection (Bailiwick of Guernsey) Law
2001 and the Privacy and Electronic Communications (EC Directive) Regulations
2003. Calligo is also ISO 17024-accredited as well as EU GDPR F and EU GDPR
P qualified.
• Cyber Essentials: The Cyber Essentials scheme is a cyber security standard from
the UK's National Cyber Security Centre. It identifies the security controls that an
organization must have in place within their IT systems to address cyber security
effectively and mitigate the risk of data security threats.
• CIPM: The Certified Information Privacy Manager accreditation shows that our
teams are Ieaders in privacy program administration across the entire data
lifecycle. Core to this qualification is the practical ability to implement privacy
policies into day-to-day operations, including structuring the privacy team,
implementing privacy program frameworks, communicating to stakeholders, and
measuring performance.
• CIPP/C & CIPP/E: The Certified Information Privacy Professional (CIPP)
qualification shows that both the internal and external Calligo team is qualified in
jurisdictional laws, regulations, and enforcement models, plus the legal
requirements for handling and transferring data. Calligo team members hold
credentials for both Canada and Europe.
• G-Cloud Framework: The G-Cloud Framework is part of the Digital Marketplace
— a UK government procurement initiative to create commercial agreements
between public sector organizations with specially selected suppliers, all of whom
must meet stringent standards of high quality, credibility and experience. G-Cloud
provides access to providers of cloud- based services and is renewed annually.
Calligo is regularly re -approved onto the Framework.
• PSF: Calligo is a PSF authorized support service provider, qualified to "act as a
sub -contractor of operational functions on behalf of other financial
professionals" in Luxembourg. This certification is granted and routinely
reassessed by the Commission de Surveillance du Secteur Financier (CSSF).
Special Considerations
CONSULTANT does not wish to provide any SQL coding or Power BI templates to any client.
The CITY does not wish to be in a position of being without the analytical tools should there be
any reason the services cannot be provided by CONSULTANT. Therefore, CONSULTANT
agrees to work with the CITY for continuance, including the proprietary PBI templates if CITY
agrees to both compensation and guarantees that ownership reside with the CITY and not an
individual employee, and CITY agrees to be liable should any coding and templates be used to
compete against CONSULTANT.
Sales Tax Services Agreement
cityimse.Net
Page 12 of 26
EXHIBIT B
FEE SCHEDULE
January 1, 2021 to September 30, 2021 Monthly Sales Tax Analyses & Reports: $16,200
October 1, 2021 to September 30, 2022 Monthly Sales Tax Analyses & Reports: $21,600
If contract is terminated early, a prorated refund of any prepaid fees will be turned at the rate of
$1,800 per month within 30 days of termination.
The fee will also include a waiver of the $1,095 annual subscription fee for CityBase.Net news
and information service.
Sales Tax Services Agreement
CltyBase.Net
Page 17 of 26
City of Round Rock
ROUND ROCK
TEXA5 Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with Lewis F.
McLain, Jr. (dba "Citybase.Net") for sales tax consulting services
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/9/2021
Dept Director: Susan Morgan, CFO
Cost: $37,800.00
Indexes: General Fund
Attachments: Citybase Contract
Department: Finance Department
Text of Legislative File CM-2021-096
This will be a two year agreement and will allow for analyzing and reporting sales tax data to enable the
City to better understand internal shifts in the sales tax base. The services and products provided will assist
the City in recognizing revenue vulnerabilities and to better understand current and historical data, as well
as forecast future sales tax revenues.
Cost: $37,800
Source of Funds: Genera! Fund
City of Round Rock Page 1 of 1