HomeMy WebLinkAboutByrne Software Technologies - Accela - Amdt. 4 - 20211
FOURTH AMENDMENT TO AGREEMENT
THIS FOURTH AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this _______ day of March 2021, amends the Agreement heretofore entered
into between the CITY OF FRESNO, a municipal corporation (City), and Byrne Software
Technologies, Inc., a Missouri corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement, dated September 7,
2018, for services related to professional services for Accela System Support
(Agreement); and
WHEREAS, City and Consultant entered into a First Amendment, dated April 1,
2019, to increase the total contract amount by an additional $200,000; and
WHEREAS, City and Consultant entered into a Second Amendment, dated
December 31, 2019, to modify the Agreement to increase the total contract amount by an
additional $100,000, extend the contract term length until June 30, 2020, and to add
additional scope items; and
WHEAREAS, City and Consultant entered into a Third Amendment, dated
June 25, 2020, to extend the contract term length until June 30, 2021 and to add
additional scope items; and
WHEREAS, City and Consultant desire to enter into this Fourth Amendment to
modify the Agreement to increase the total contract amount by an additional $75,000,
extend the contract term length to December 31, 2021, and to add additional scope items.
AGREEMENT
NOW, THEREFORE, the parties agree the Agreement be amended as follows:
1. Section 3 of the Agreement is amended such that the Consultant’s sole
compensation for satisfactory performance of all services required or rendered pursuant
to this Agreement shall be a total fee not to exceed $525,000, paid on the basis of the
rates set forth in the schedule of fees and expenses contained in Exhibit A of the original
contract.
2. The Project Performance Period shall be extended until December 31,
2021.
3. The services of Consultant as defined in Exhibit A – Existing Scope of
Services of the original agreement shall be amended to include Additional Scope of
Services in Exhibit B.
4. In the event of any conflict between the body of this Amendment and the
Agreement, the terms and conditions of the body of this Amendment shall control and
take precedence over the terms and conditions expressed within the Agreement.
Furthermore, any terms or conditions contained within the Agreement which purport to
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modify the allocation of risk between the parties, provided for within the body of this
Amendment, shall be null and void.
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written. CITY OF FRESNO, A California municipal corporation
By:
Jennifer K. Clark, AICP
Director, Planning and Development
Department
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Brandon M. Collet Date
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, CRM MMC
City Clerk
By:
Date
Deputy
BYRNE SOFTWARE TECHNOLOGIES, INC.,
A Missouri corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Summer Cecil
Addresses:
CITY:
City of Fresno
Attention: Summer Cecil
Project Manager
2600 Fresno Street, Suite 3065
Fresno, CA 93721
Phone: (559) 621-8166
Email: Summer.Cecil@fresno.gov
CONSULTANT:
Byrne Software Technologies, Inc.
Attention: Robert Cook
Vice President
16091 Swingley Ridge Road, Suite 200
Chesterfield, MO 63017
Phone: 636-573-2505
FAX: 636-537-2666
Attachments:
1. Exhibit A – Scope of Services
2. Exhibit B – Additional Scope of Services
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Bob Cook
Chief Business Officer
3/12/2021
3/12/2021
3/12/20213/23/2021
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City of Fresno, CA
Accela Services 2021
PROPOSAL
v1.0
Byrne Software Technologies, Inc.
Accela Civic Platform
Licensing System |Mobile Field Collaboration | Permitting System |
Code Enforcement | Inspections |Workflow & Record Keeping | and More!
Prepared for:
Ed Smith
Provisional Information Systems Manager – GIS Division
Information Services Department
City of Fresno
2600 Fresno St, Fresno, CA 93721
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Table of Contents
Revision Log .................................................................................................................................................. 3
Purpose ......................................................................................................................................................... 3
Deliverables ................................................................................................................................................... 3
General Assumptions .................................................................................................................................... 3
Rate ............................................................................................................................................................... 4
Travel Expenses ............................................................................................................................................. 5
Change Control ............................................................................................................................................. 5
Confidential Information .............................................................................................................................. 5
Representations and Warranties .................................................................................................................. 6
Non‐Solicitation of Byrne Software Employees ............................................................................................ 6
Project Schedule ........................................................................................................................................... 6
Termination ................................................................................................................................................... 6
Summary ....................................................................................................................................................... 6
Signature and Acceptance ............................................................................................................................ 7
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Revision Log
This log provides a synopsis of revisions made to this document.
Version Date Author Description
1.0 2/26/2021 Amber Digenan Initial Document
Purpose
Byrne has provided ongoing support for the City of Fresno and its Accela implementation. As
processes are refined and changed within the agency, Byrne will support the analysis,
configuration, scripting and reporting of those changes.
Byrne will also continue to support any upgrade efforts of the on premise Accela environments
(Test, Development and Production).
Deliverables
The following projects have been started and are near completion or ready for Agency testing.
Additional hours are needed to resolve any additional requests and support promoting the
configurations to production.
Department Item Description Current Status
Building Building: Residential Record workflow update to
include Certificate of Occupancy
Agency Testing
Building Notifications for Expired Permits (Building) Agency Testing
Building Site Inspection auto assignment (Building) Agency Testing
Building Block inspections and issuance when fees are not
paid
Byrne Testing
Building Notification when fee is invoiced to application
(Building)
Byrne Testing
Building Final Inspection Complete workflow update fix In Progress
Building Automate Routing ‐ anything for multiple reviews in
Building
In Progress
IT Fresno Upgrade In Progress
Parks Updates to workflow assignment for Special
Event record and go live support
Agency Testing
The following projects have not yet started and are new requests.
Department Item Description Current Status
Building Expired Permits report New
Building Notify on Revision Required New
Building COG Process New
Building Create set process for address locks New
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Building Prevent Inspection scheduling based on Trades
Affected
New
Building Updates to Events record to create Tents record New
Fire Fire Updates to report New
Fire Require email address for Fire applications New
Planning Planning Introduction Letter Automation not
grabbing record info
New
Planning Street Name Change Record Creation New
Planning Ministerial Zone Clearance changes New
Planning Appeals Record Auto generate New
Planning Planning Design Review Record New
The following are typical ongoing ad-hoc requests from the various departments.
Department Item Description
Building, Planning and Fire Report modifications or new report requests
IT Support for installation and interfaces
IT/Accela Admin Support for report and system configuration questions
Building Assist in troubleshooting user issues
Summary of Services Estimate
Item
No.
Item Description Estimated
Hours
Rate Total
1 Activities/Projects in Progress
Upgrade to version 20
Building automations completion
and implementation to
Production
100 125 $12,500
2 New Project requests for Building,
Planning and Fire
300 125 $37,500
3 Support for report and system
configuration questions (15‐20hrs per
month for 12 months)
200 125 $25,000
Total Estimated Hours 600 $75,000
General Assumptions
1. Byrne Software may utilize “GoTo Meeting” or “WebEx”, for remote Discovery and
review meetings. Onsite meetings will also be used when applicable.
2. Remote and local access to the City of Fresno environment is available to Byrne
personnel. This will include sufficient security privileges to perform services as required.
Rate
The rate for all work related to this project is $125/hour. The rate applies to all onsite and
offsite work.
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Travel Expenses
Travel expenses would only apply if on‐site meetings/training is required by the City.
Reasonable travel expenses would be approved by the City, in advance.
Change Control
To help contain the cost associated with the development of software, Byrne Software will
utilize change control management. This process estimates the impact on the project if the
client requests change to requirements after the design has been finalized. This procedure also
helps Byrne Software advise clients of adjustments to the schedule and/or the total cost for any
change and authorizes Byrne Software to proceed on approved changes.
Our change control documents will itemize all of the requested changes, noting the item’s
priority and cost and schedule impact. Using this document, the City may determine what
changes are truly necessary in order to meet their business needs and stay within the
acceptable budget and schedule.
When the scope of the change has been finalized, Byrne Software will issue a Change Order
Authorization document, listing the final change items, budget and schedule impact. When the
Change Order Authorization has been approved and signed, Byrne Software will add the
additional tasks to the schedule.
Confidential Information
Byrne Software recognizes and acknowledges that it may receive access to certain proprietary
and confidential business information of Client, which Client expressly identifies as Confidential
or is not known to be in the public domain, such as, client lists, marketing strategies and
methods, software, and planning strategies (“Confidential Information”). Byrne Software will
not, during or after the term of this Agreement for so long as such information shall be
confidential, use or disclose to any third person for any reason any Confidential Information
and will not disclose or make available to any third person, firm or corporation any reports,
recommendations and/or work product which Byrne Software produces for Client.
Intellectual Property Rights
All applicable software developed by Byrne Software pursuant to this Statement of Work is the
property of the City of Fresno. All original written materials, including programs, listing and
other programming documentation prepared under this Agreement, may be used by the City
modified or added to in any manner that it deems appropriate. The City cannot sell, resell,
transfer, copy, host or allow any use other than by the City of Fresno.
Billing and Payment Schedule
All services are provided on a time and material basis plus any out of pocket expenses, unless
documented in the Proposal. Estimates given are not considered as a fixed bid unless
specifically stated as such, in writing, by Byrne Software. The City will only be charged for the
time spent to complete; if additional hours are required a change order must be first approved
by the City. Byrne Software bills weekly for services provided the previous week. Billing terms
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are Net 30; a 1.5% penalty per month will be assessed for any late payments. A billing rate of
$125/hour will be used through the project.
Representations and Warranties
Byrne Software Technologies represents and warrants to the City that the services under this
engagement shall be performed in a good and workmanlike, professional and timely manner
consistent with customary industry practice.
Non‐Solicitation of Byrne Software Employees
During the term of this engagement and for a period of one (1) years after termination of this
Agreement, City of Fresno shall not hire or contract with, directly or indirectly, in any capacity, a
Byrne Software employee who performed services to the City, or any person, firm, corporation,
partnership, association or entity employing or affiliated with such Byrne Software employee,
to perform any services of any kind whatsoever for the City.
Project Schedule
Byrne Software will coordinate a scheduled start date with the City of Fresno for effort upon
acceptance of the Proposal as noted by City of Fresno signature. Byrne Software will prepare
an Agenda for review and concurrence by the City.
Termination
Either party may terminate if the other party materially breaches this proposal and, after
receiving a written notice describing the circumstances of the default, fails to correct the
breach within thirty (30) calendar days. Upon any termination or expiration of this proposal, all
rights granted to City are cancelled and revert to Byrne Software. City will pay all outstanding
invoices and any monies due based on the terms described in this proposal.
Summary
I am authorized to bind the company contractually. For any questions regarding this response
or subsequent phases, please contact Brian McAllister, Associate Vice President, at (636)‐534‐
6138 or bdm@byrnesoftware.com.
Sincerely,
Bob Cook
Chief Business Officer
Byrne Software Technologies, Inc.
rec@ByrneSoftware.com
636‐537‐2505
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Signature and Acceptance
City of Fresno, CA Byrne Software Technologies, Inc.
By: By:
Title: Title:
Date: ___________________________ Date: ______________________________
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