HomeMy WebLinkAboutByrne Software Technologies - Accela - Amdt. 3 - 2020THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this _______ day of June 2020, 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
WHEREAS, City and Consultant desire to enter into this Third Amendment to
modify the Agreement to extend the contract term length to June 30, 2021 and to add
additional scope items (Exhibit B).
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows:
1.The Project Performance Period shall be extended until June 30, 2021.
2.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.
3.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
modify the allocation of risk between the parties, provided for within the body of this
Amendment, shall be null and void.
[Signatures follow on the next page.]
25
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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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7/21/2020
Chief Business Officer
8/4/2020
Bob Cook
8/4/2020
8/4/2020
8/4/2020
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City of Fresno, CA - Accela Upgrade Services v1.0 Page 1 of 7
City of Fresno, CA
Accela Upgrade Services
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:
City of Fresno, CA
Bryce Hubbell – Information Systems Manager, GIS Division
Summer Cecil – Project Manager, Planning and Development
EXHIBIT B
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Table of Contents
Revision Log ................................................................................................................................................................................. 3
Executive Summary .................................................................................................................................................................. 4
Services ......................................................................................................................................................................................... 4
General Assumptions ............................................................................................................................................................... 4
Travel Expenses .......................................................................................................................................................................... 5
Change Control ........................................................................................................................................................................... 5
Confidential Information ......................................................................................................................................................... 6
Intellectual Property Rights .................................................................................................................................................... 6
Billing and Payment Schedule ............................................................................................................................................... 6
Representations and Warranties ......................................................................................................................................... 6
Non‐Solicitation of Byrne Software Employees ............................................................................................................... 6
Project Schedule ........................................................................................................................................................................ 6
Termination ................................................................................................................................................................................. 6
Summary ...................................................................................................................................................................................... 7
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 5/1/2020 Amber Digenan Initial Document
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Executive Summary
The City of Fresno, CA has requested Byrne Software to perform Accela Upgrade Services. The City is
self‐hosted with a Development, Test and Production environment. Byrne proposes to upgrade the City
of Fresno’s Accela Civic Platform from version 9.x to version 19.x, which includes all relevant patches to
date or most current version available and selected by the City.
Byrne Software is committed to providing a superior consulting experience for the current and future
needs of City of Fresno. Byrne Software will work with City staff to perform all upgrade activities for
these two environments.
All work and any additional to be directed by Bryce Hubbell.
Services
Deliverable Byrne Tasks City Tasks
Upgrade
Database
Perform upgrade of
database.
Grant any necessary permissions
to the network file share.
Assist with any technical
assistance on Fresno servers and
network
Provide Conversion Machine
that has administrator Access.
Upgrade
DEVELOPMENT
and TEST
environments
Perform upgrade of
DEVELOPMENT and TEST
environments
Support upgrade effort by
investigating issues
Testing and
Verification of
DEVELOPMENT
and TEST
environments
Execute unit tests Provide requirements for
verification testing
Perform verification testing of
upgraded DEVELOPMENT and
TEST environments
Technical
Support for City
Testing
Provide support for City
testing
Provide details on any issues
encountered
Project
Management
Coordinate Byrne
resources for the project
Coordinate with Accela
and City as necessary to
complete the project.
Coordinate City resources for
the project
Coordinate resolution of issues
and decisions assigned to City.
Implementation Perform upgrade to
PRODUCTION
Perform final validation of
PRODUCTION environment
Sign off
Note: Technical specification documentation was already created under the existing
support hours agreement and pertains to this effort.
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General Assumptions
1. Byrne Software may utilize “GoTo Meeting” for remote Discovery and review meetings.
2. Remote and local access to the City’s environment is available to Byrne personnel. This will
include sufficient security privileges to perform services as required.
3. No additional work or deliverables is implied unless specifically stated in this Proposal.
4. Current Self Hosted Configuration will be detailed in the Technical Upgrade Plan Document.
5. The latest install files provided by Accela are complete and without issue and cause no
unexpected delays to the proposed work.
6. City and Byrne Software will review their responsibilities before work begins to ensure that
Services can be satisfactorily completed.
7. City will maintain primary responsibility for the scheduling of City employees and facilities in
support of project activities.
8. City is responsible for proper desktop hardware/software/network preparation in accordance
with Accela specifications and Accela software requirements.
9. City is responsible to ensure City participants have adequate hardware/software to successfully
participate in user acceptance testing.
10. City and Byrne will work together to determine appropriate timeframes for upgrade activities.
11. City will provide separate environments to perform the upgrade to minimize risk and issues that
result from converting the existing environments.
12. Communications to the City staff and citizens regarding the timing of the upgrade and new
features of the upgrade are the sole responsibility of the City project manager(s).
13. Testing of SSRS reports will be conducted by the City.
14. Does not include changes to the reports due to database changes or functions of the latest
Accela version.
15. Does not include Master Scripts upgrade.
16. IVR is out of scope for this effort.
17. May require an upgrade of ESRI depending of version of Accela implemented. If required, it is
the sole responsibility of City to perform the ESRI upgrade.
18. May require an upgrade of SQL and other Server components to support the new version. If
required, it is the sole responsibility of City to perform the upgrades.
19. Training is out of scope for this effort.
20. City resources have ten consecutive business days to perform testing; delays could cause a
Change Order to be issued.
21. City resources have ten consecutive business days to perform final validation in production;
delays could cause a Change Order to be issued.
Travel Expenses
N/A – all work to be conducted remotely
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.
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When the scope of the change has been finalized, Byrne Software will issue a Change Order
Authorization document at $145/hour, 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 proposal 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.
Billing and Payment Schedule
Byrne’s total price to perform the Services and provide the Deliverables described is $18,750.00
exclusive of taxes and expenses (the “Fixed‐Fee”). The Fixed‐Fee price is based on the information
available at the time of signing and the assumptions, dependencies and constraints, and roles and
responsibilities of the Parties, as stated in this proposal. Invoice of $9,375.00 will sent out at contract
execution. The remaining balance of $9,375.00 will be invoiced at completion of the upgrade of
production.
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, the 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
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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
Byrne Software Technologies, Inc. thanks you for the opportunity to submit this Proposal to the City of
Fresno. Amber Digenan will serve as the contact for this effort. She can be reached directly at 858‐382‐
4813 and by email at and@byrnesoftware.com. We thank you for the continued support.
Sincerely,
Bob Cook
Chief Business Officer
Byrne Software Technologies, Inc.
rec@ByrneSoftware.com
636‐537‐2505
Signature and Acceptance
City of Fresno, CA Byrne Software Technologies, Inc.
By: ________________________________ By: ________________________________
(Signature) (Signature)
___________________________________ ___________________________________
(Print Name) (Print Name)
Its _________________________________ Its _________________________________
(Title) (Title)
Dated: _____________________________ Dated: ______________________________
(Month, Day, Year) (Month, Day, Year)
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Chief Business Officer
8/4/2020
Bob Cook
Director
Jennifer Clark
8/4/2020