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HomeMy WebLinkAboutContract 48482-A1 CITY SECRETARY 1�w C014TMCT IO. Z' 41 AMENDMENT NO. 1 TO SOFTWARE SUPPORT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TRITECH SOFTWARE SYSTEMS 4g49<Ip This Amendment No. 1 (this "Amendment") to the Software Support Agreement entered into by and between the City of Fort Worth, Texas ("Client") and TriTech Software Systems ("TriTech") known as City Secretary Contract No.,.� S dated January 31, 2007 (the "Agreement") is effective as of the last date of signature below (authorized by M&C C-21944). Except as amended herein, all other terms and conditions of the Agreement shall remain in effect. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. All capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. WHEREAS, Client and TriTech desire to amend certain terms of the existing Agreement to update the Client's support terms due to the Client's purchase of additional TriTech software. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the parties agree as follows: 1. Section 2 of the Agreement, entitled "Term", shall be deleted in its entirety and replaced with the following: "The initial term of Software Support services provided under this Agreement shall begin at first Go Live for the TriTech Software and end twelve (12) months thereafter. Software Support for subsequent annual terms shall be subject to renewal of this Agreement and payment of the renewal Software Support fees. TriTech shall provide to Client a Software Support Renewal Notice for signature. TriTech reserves the right to change the terms and conditions upon which Software Support shall be offered for renewal terms, subject to written notice to Client" 2. Section 3.1 of the Agreement shall be deleted in its entirety and replaced with the following: "3.1 Software Support fee(s) to be paid by Client for the initial term of this Agreement are established based on the software licenses purchased under the System Purchase Agreement. The Software Support fee for any renewal term thereafter shall be paid in an annual payment made pursuant to TriTech's invoices, subject to the adjustments as described in 3.2." 3. The Consumer Price Index for all Urban Consumers ("CPI-U") referenced in Section 3.2 of the Agreement shall be amended and revised from the Los Angeles-Riverside-Orange ® County, CA region, to the CPI-U of all U.S. cities for that given annual term. V. ora 4. Addendum B of the Agreement shall be deleted in its entirety and replaced with the attached Addendum B, incorporated and made a part hereof. 1�1�E 5. This Amendment may be executed in two or more identical counterparts, each of which shall be deemed to be an original and all of which taken to together shall be deemed to =' constitute the amendment when a duly authorized representative of each party has signed a counterpart. The parties may sign and deliver this Amendment by facsimile transmission or electronic (i.e., .pdf) transmission. Each party agrees that the delivery of this Amendment by facsimile or electronic transmission shall have the same force and effect as delivery of original signatures. EACH PARTY'S ACCEPTANCE HEREOF IS EXPRESSLY LIMITED TO THE TERMS OF THIS AMENDMENT AND NO DIFFERENT OR ADDITIONAL TERMS CONTAINED IN ANY PURCHASE ORDER, CONFIRMATION OR OTHER WRITING SHALL HAVE ANY FORCE OR EFFECT UNLESS EXPRESSLY AGREED TO IN WRITING BY THE PARTIES. CITY OF FORT WORTH TRITECH SOFTWARE SYSTEMS 6 Accep d By (Signature) Accepted By(Signature) Susan Alanis Tony Eales Printed Name Printed Name Assistant City Manager President & CEO Title Title Lo Date Date APPROVED AS TO FORM AND LEGALIT Apist nt Ci ttor 00°V0°0 RQ%;r- q p o O ° 0 my J OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX ADDENDUM B SOFTWARE ERROR CORRECTION GUIDELINES AND PROCEDURES (1) All TriTech Software Errors reported by Client's personnel shall be resolved as set forth below. The response and resolution plan will be based upon the Service Level Agreement terms specified below by product. The Client may elect to downgrade the urgency of the issue if the operational impact is not severe. The Client may also request an upgraded response to a lower priority issue if the issue has a significant operation impact by requesting to speak to a supervisor/manager from TriTech's Customer Service Group. (2) If Client determines a Software Error exists, Client shall immediately notify TriTech by telephone, followed by an error report in writing, setting forth the defects noted with specificity requested by TriTech. Note (a): Critical Priority and Urgent Software Errors must be reported via telephone at the number listed in the Support Issues Priority and Response Matrix under section (9) below. If Critical Priority or Urgent Priority Software Errors are not reported via the telephone,the stated response and resolution times will not apply. Note (b): High, Medium, and Lower Priority Software Errors may be reported via email to the address listed in the matrix below, or through TriTech's Support website via the Customer Service portal on TriTech's website. (3) "Normal Customer Service Hours" (Business Hours)are 7:30a.m. through 7:30p.m. (Central), Monday through Friday, excluding TriTech holidays. (4) The main support line will be answered by TriTech's Customer Service Department, or TriTech's answering service, depending on the time/day of the call. During Normal Customer Service Hours, a Customer Service Representative will directly answer the support telephone call. If a Customer Service Representative is not available to answer your call during Normal Customer Service Hours, the call will automatically be routed to the TriTech operator. If all Customer Service Representatives are busy, the operator will offer the option to leave a message, or in the case of a Critical Priority problem, as described below, locate a Customer Service Representative. (5) Following Normal Customer Service Hours, the call will be automatically routed to TriTech's answering service. Any calls routed to the answering service will be escalated to an on- call Customer Service Representative on-call for prompt follow-up and resolution, if required. (6) During Normal Customer Service Hours, each issue will be assigned a ticket number. This number should be used for all subsequent inquiries relating to the original reported issue. Problems reported after Normal Customer Service Hours will be logged and assigned an issue number the next business day. Enhancement requests should be emailed to support@tritech.com. (7) As more fully defined in the TriTech System Planning Document,TriTech has approved VPN (virtual private network) connectivity as the sole primary form of support connectivity for TriTech's Inform CAD, Inform Mobile, Inform Browser and related Interfaces Software. Client shall establish a dependable VPN form of access for TriTech's use in order to be supported to enable TriTech to access, diagnose, update, repair, and/or install a workaround to the system. Backup support connectivity is also required. The Client will ensure there is either reliable cellular coverage or a landline telephone in each physical area in which a Server or interface equipment is located to allow the Client's team to assist in troubleshooting. Citrix GotoAssist is utilized for remote connectivity for Inform RMS, Inform FBR, Inform Jail, and Inform IQ. (8) Reported software errors will be responded to and resolved in accordance with the Priorities and Response Matrix in Section 9 below If requested or specified in the response time criteria below, a TriTech representative will return the call in a manner consistent with the priority and order in which the call was received. Client will make every effort to respond to TriTech in a timely fashion when requests are made for follow-up calls or additional documentation on the reported problem. a. If a response is not received, or a resolution is not provided in accordance with the Priorities and Response Matrix, the Client may request escalation of the issue in accordance with the TriTech Documentation. (9) Priorities and Support Response Matrix The following priority matrix relates to software errors resulting from the TriTech Software as further defined in this Agreement. Causes related to non-covered causes - such as hardware, network, and third party products - are not included in this priority matrix and are outside the scope of this Agreement. Inform CAD, Mobile, Browser, Interface, and GIS Link Response Matrix Priority Issue Definition Response Time Priority I— 240 Support for live operations on the Normal Customer Service Hours: Telephone calls Critical Priority production system: A system down event which to 800.987.0911 will be immediately answered severely impacts the ability of Users to dispatch and managed by the first available representative emergency units.This is defined as the following: but not longer than 5 minutes. • Inform CAD,Inform Mobile,or Interfaces After Normal Customer Service Hours:Thirty are down as further defined in the Special (30)minute callback after client telephone contact Note#1 below. to 800.987.0911. • Critical servers inoperative,as listed in Special Note#1. Priority 1 issues must be called in via 800. • Complete interruption of call taking and/or 987.0911 in order to receive this level of response. dispatch operations • Loss of transactional data&transactional data corruption This means one or more critical server components are non-functional disabling Inform CAD,or Inform Mobile workstations. These Software Errors are defined in Special Note#1, below. Priority 2— 24x7 Support for live operations on the Normal Customer Service Hours: Telephone calls Urgent Priority production system: A serious Software Error with to 800.987.0911 will be answered and managed no workaround not meeting the criteria of a by the first available representative but not longer Critical Priority,but which severely impacts the than 5 minutes. ability of Users to enter incoming calls for service and/or dispatch emergency units. Such errors will After Normal Customer Service Hours:One(1) be consistent and reproducible. hour callback after client telephone contact to 800. 987.0911. A significant number of the Inform CAD,or Inform Mobile,workstations are negatively Priority 2 issues must be called in via 800. impacted by this error(e.g.,does not apply to a 987.0911 in order to receive this level of response. minimal set of Inform CAD or Inform mobile workstations). These Software Errors are defined in more detail in Special Note#2,below. Priority 3- Normal Customer Service Hours Support: A Normal Customer Service Hours: Telephone calls High Priority Software Error not meeting the criteria of a to 800.987.0911 by the first available Critical or Urgent Priority,has a workaround representative but not longer than 5 minutes after available,but which does negatively impact the the initial phone call. User from entering incoming calls for service and/or dispatching emergency units,or perform a High Priority issues may also be reported via common call taking or dispatch function. Such support@tritech.com. errors will be consistent and reproducible. High Priority Issues are not managed after Normal A significant number of Inform CAD,or Inform Customer Service Hours. Mobile,workstations are negatively impacted by this error(e.g.,does not apply to a minimal set of workstations). Amendment 1 to Software Support Agreement Page 5 of 12 Priority Issue Definition Response Time Priority 4— Normal Customer Service Hours Support: A Normal Customer Service Hours: Telephone calls Medium Priority Software Error related to a user function which to 800.987.0911 will be answered and managed does not negatively impact the User from entering by the first available representative but not longer incoming calls for service and/or dispatch than 5 minutes after the initial phone call. emergency units,or perform a common call taking or dispatch function.This includes system Medium Priority issues may also be reported via administrator functions. support(cr�,tritech.com. Medium Priority issues are not managed after Normal Customer Service Hours. Priority 5— Normal Customer Service Hours Support: Normal Customer Service Hours: Telephone calls Low Priority Cosmetic or Documentation errors,including to 800.987.0911 will be answered and managed Client technical questions or usability questions by the first available representative but not longer than 5 minutes after the initial phone call. Low Priority issues may also be reported via sinort@tritech.com. Low Priority issues are not managed after Normal Customer Service Hours. Priority Resolution Process Resolution Time Priority•1 TriTech will provide a procedural or configuration TriTech will work continuously(including after Critical Priority workaround or a code correction that allows the hours)to provide the Client with a solution that Client to resume live operations on the production allows the Client to resume live operations on the system. production system. TriTech will use commercially reasonable efforts to resolve the issue as soon as possible and not later than 12 hours after notification. Priority 2— TriTech will provide a procedural or configuration TriTech will work continuously(including after Urgent Priority workaround or a code correction that allows the hours)to provide the Client with a solution that Client to resume normal operations on the allows the Client to resume normal operations on production system. the production system. TriTech will use commercially reasonable efforts to resolve the issue as soon as possible and not later than 36 hours after notification. Priority 3- TriTech will provide a procedural or configuration TriTech will work to provide the Client with a High Priority workaround that allows the Client to resolve the resolution which may include a workaround or problem. code correction within a timeframe that takes into consideration the impact of the issue on the Client and TriTech's User base. Priority 3 issues have priority scheduling in a subsequent release. Priority 4— If TriTech determines that a reported Medium TriTech will work to provide the Client with a Medium Priority Priority error requires a code correction,such resolution which may include a workaround or issues will be addressed in a subsequent release code correction in a future release of the software. when applicable. Priority 4 issues have no guaranteed resolution time. Priority 5— Low Priority issues are logged by TriTech and There is no guaranteed resolution time for Low Low Priority addressed at the company's discretion according to Priority issues. TriTech's roadmap planning process. Amendment 1 to Software Support Agreement Page 6 of 12 Special Note#1: Priority 1 -Critical Priority issues meeting the previously noted criteria are defined as follows: 1. Inform CAD: a. The Inform CAD System is down and all workstations will not launch or function. b. The Inform CAD System is inoperable due to transactional data corruption caused by TriTech Software. C. The Inform CAD Reporting and Archiving Server is down and the system is configured to use the Reporting Server for dispatching functions(e.g.,Premise History). d. Law enforcement users are unable to send or receive justice queries(this priority applies if the functionality is available through no other available methods). 2. Inform Mobile: a. The Inform Mobile System is down and all unit mobile devices are unable to log in or function. b. The Inform Mobile System is inoperable due to data corruption caused by TriTech Software. C. Law enforcement users are unable to send or receive justice queries(this priority applies if the functionality is available through no other available methods). 3. Inform Browser,and GISLink: a. There are no Critical Priority(Priority 1)issues for these products. Special Note#2: Priority 2-Urgent Priority issues,meeting the previously noted criteria,are defined as follows: 1. Inform CAD: a. Inform CAD users are severely impacted due to one of the following conditions: i. Unable to enter new requests for service via the emergency or scheduled call-taking screen. ii. A user is unable to verify an address from within the emergency or scheduled call-taking screen. iii. The inability to view/edit premise or caution note information. iv. The inability to send and receive text messaging(within CAD,CAD to Mobile,or Mobile to Mobile). v. The system does not perform unit recommendations. vi. Inability to assign a unit to an incident. vii. Inability to change a unit's status. viii. Inability to close an incident. ix. Inability to view incident information needed to dispatch an incident. x. Disaster Recovery System,following a test failover is inoperable for more than one(1)business day 2. Inform Mobile: a. Inform Mobile users are severely impacted due to one of the following conditions: i. Inability to receive new requests for service from Inform CAD. ii. Inability to view incident information needed to dispatch an incident. iii. The inability to send and receive text messaging(within CAD,CAD to Mobile,or Mobile to Mobile). iv. Inability to enter a traffic stop or on-view incident. v. The inability to view premise or caution note information. vi. Disaster Recovery System,following a test failover is inoperable for more than one(1)business day. 3. Inform CAD/Mobile Interfaces: a. An Inform CAD Station Alerting Interface is down or Inform CAD Station Alerting Interface repeatedly fails to process a station alert,as part of a unit assignment,or if there is a reoccurring significant delay in the interface processing a station alert as part of a unit assignment(once it is diagnosed that is not being caused by the station alerting system). b. An Inform CAD Paging Interface is down. C. An interface used for personnel rostering is down. d. A CAD-to-CAD interface is down or repeatedly fails to process information into an incident. e. An Inform CAD Paging Interface repeatedly fails to process a unit alert as part of a unit assignment. f. An ANI/ALI interface repeatedly fails to process information into an incident. g. An interface to an external rostering system used to logon units is down. h. An AVL interface fails to process updates for over 50%of units. i. A mobile interface(MDT or MDC)repeatedly fails to process incident or status change information. j. A Standard CAD to External System Incident Data Transfer Interface License(RMS)is down. 4. Inform Browser: a. Inform Browser is down and no workstations are able to login(unrelated to the Client's network). 5. GISLink: a. There are no Urgent Priority(Priority 2)issues for this product. Amendment 1 to Software Support Agreement Page 7 of 12 Additional Information: • Disaster Recovery and Training CAD/Mobile Systems do not generally qualify for after Normal Customer Service Hours support.This would change if the Production System has failed over to the Disaster Recovery System or following a test failover it is inoperable for more than one(1)business day, TriTech will work to resolve the problem according to the Priority 2 response and resolution criteria included above. • Modifications to installed Inform CAD/Mobile Licensed Software that operates with State and National Criminal Justice Information Systems(State CJIS/NCIC)systems to accommodate Government Mandated Changes,as necessary,dictated by State and Federal agencies having authority over these programs will be provided in a subsequent update. Amendment 1 to Software Support Agreement Page 8 of 12 Inform RMS, Inform Jail and Inform FBR Priority Issue Definition Response Time Priority 1— Normal Customer Service Hours Support for live Normal Customer Service Hours: Telephone calls operations on the production system: A system to 800.987.0911 will be immediately answered Critical Priority down event which severely impacts the ability of and managed by the first available representative Users to log on the system,or severely impacts but not longer than 5 minutes. the ability of Users to book or release inmates. This is defined as the following: After Normal Customer Service Hours:Unless optional 24.x7 support is contracted,support for • TriTech Inform RMS,Inform Jail or Inform Inform RMS,Inform Jail,and Inform FBR is FBR server software inoperative not managed after Normal Customer Service • Loss of ability for all Inform RMS,Inform Hours. Jail or Inform FBR users to log on to system • Inform Jail system down If optional 24x7 support is contracted,after • Loss of transactional data&transactional Normal Customer Service Hours: Thirty(30) data corruption minute call back after Client telephone contact to 800.987.0911. This means one or more critical server components are non-functional disabling Inform Priority I issues must be called in via 800. RMS,Inform Jail,or Inform FBR,workstations. 987.0911 in order to receive this level of response. These Software Errors are defined in Special Note #1,below. Priority 2— Normal Customer Service Hours Support for live Normal Customer Service Hours: Telephone calls Urgent Priority operations on the production system: A serious to 800.987.0911 will be immediately answered Software Error with no workaround not meeting and managed by the first available representative the criteria of a Critical Priority,but which but not longer than 5 minutes. severely impacts the ability of Users from performing a common function,or severely After Normal Customer Service Hours:Unless impacts the ability of Users to book or release optional 24.x7 support is contracted,support for inmates. Such errors will be consistent and Infornn RMS,Inform Jail,and Inform FBR is reproducible. not managed after Normal Customer Service Hours. • Loss of ability for Inform RMS users to enter Case(Incident,Arrest and Custody)records If optional 24x7 support is contracted,after into the system Normal Customer Service Hours: One(1)hour • Loss of ability to transfer Inform FBR call back after Client telephone contact to Reports 800.987.0911. • Unable to book or release inmates Priority 2 issues must be called in via 800. 987.0911 in order to receive this level of response A significant number of the Inform RMS,Inform Jail or Inform FBR workstations are negatively impacted by this error(e.g.,does not apply to a minimal set of Inform RMS,Inform Jail or Inform FBR workstations). These Software Errors are defined in more detail in Special Note#2,below. Amendment 1 to Software Support Agreement Page 9 of 12 Priority Issue Definition Response Time Priority 3- Normal Customer Service Hours Support: A Normal Customer Service Hours: Telephone calls High Priority Software Error not meeting the criteria of a to 800.987.0911 by the first available Critical or Urgent Priority,has a workaround representative but not longer than 5 minutes after available,but which does negatively impact the the initial phone call. User from performing a common Inform RMS, Inform Jail,or Inform FBR function. Such errors High Priority issues may also be reported via will be consistent and reproducible. CH ClientServicesTriageO,)tritech.com. • Loss of Non-Critical Data(with"Non- High Priority issues are not managed after Normal Critical'being defined as not causing an Customer Service Hours. error classified as a P 1 or P2 error(above). • NIBRS State reporting issues that cause agency reports to exceed State error submission limits • UCR reporting multiple occurrence of inaccurate data A significant number of Inform RMS,Inform Jail or Inform FBR workstations are negatively impacted by this error(e.g.,does not apply to a minimal set of workstations). Priority 4— Normal Customer Service Hours Support: A Normal Customer Service Hours: Telephone calls Medium Priority Software Error related to a user function which to 800.987.0911 will be answered and managed does not negatively impact the User by preventing by the first available representative but not longer routine use of the system.This includes system than 5 minutes after the initial phone call. administrator functions. Medium Priority issues may also be reported via CH ClientServicesTriage@tritech.com. Medium Priority issues are not managed after Non-nal Customer Service Hours. Priority 5— Normal Customer Service Hours Support: Normal Customer Service Hours: Telephone calls Low Priority Cosmetic or Documentation errors,including to 800.987.0911 will be answered and managed Client technical questions or usability questions by the first available representative but not longer than 5 minutes after the initial phone call. Low Priority issues may also be reported via CH ClientServicesTriage@tritecb.com. Low Priority issues are not manager after Normal Customer Service Hours. Priority Resolution Process Resolution Time Priority 1— TriTech will provide a procedural or configuration TriTech will work continuously(including after workaround or a code correction that allows the hours)to provide the Client with a solution that Critical Priority Client to resume live operations on the production allows the Client to resume live operations on the system. production system. TriTech will use commercially reasonable efforts to resolve the issue as soon as possible and not later than 12 hours after notification. Amendment 1 to Software Support Agreement Page 10 of 12 Priority Resolution Process Resolution Time Priority 2— TriTech will provide a procedural or configuration TriTech will work continuously(including after Urgent Priority workaround or a code correction that allows the hours)to provide the Client with a solution that Client to resume normal operations on the allows the Client to resume normal operations on production system. the production system. TriTech will use commercially reasonable efforts to resolve the issue as soon as possible and not later than 36 hours after notification. Priority 3- TriTech will provide a procedural or configuration TriTech will work to provide the Client with a High Priority workaround that allows the Client to resolve the resolution which may include a workaround or problem. code correction within a timeframe that takes into consideration the impact of the issue on the Client and TriTech's User base. Priority 3 issues have priority scheduling in a subsequent release. Priority 4— If TriTech determines that a reported Medium TriTech will work to provide the Client with a Medium Priority Priority error requires a code correction,such resolution which may include a workaround or issues will be addressed in a subsequent release code correction in a future release of the software. when applicable. Priority 4 issues have no guaranteed resolution time. Priority 5— Low Priority issues are logged by TriTech and There is no guaranteed resolution time for Low Low Priority addressed at the company's discretion according to Priority issues. TriTech's roadmap planning process. Special Note#1: Priority l -Critical Priority issues meeting the previously noted criteria are defined as follows: 1. Inform RMS System: a. The Inform RMS System Server is down and unavailable for queries. b. The Inform RMS is inoperable due to data corruption caused by TriTech Software. C. Law enforcement users are unable to send or receive justice queries and transactions(this Priority applies if the functionality is available through no other available methods within the TriTech Software). 2. Inform Jail: a. The Inform Jail System is down and all workstations will not launch or function. b. The Inform Jail System is inoperable due to transactional data corruption caused by TriTech Software. C. Inform Jail users are unable to book or release inmates. 3. Inform FBR System: a. The Inform FBR Server is down and unavailable to process reports. b. The Inform FBR Server is inoperable due to data corruption caused by TriTech Software. Special Note#2: Priority 2-Urgent Priority issues,meeting the previously noted criteria,are defined as follows: 1. Inform RMS: a. The inability to create,save,access,or close records. b. The inability to enter property in the evidence module. c. The inability to move a piece of property to another location. d. The inability to assign a case to an investigator. e. The inability to create UCR/NIBRS State Reports. f. The inability to complete an expungement on a name record. g. The system does not display active master name alerts. h. The system does not display active warrants for a master name. 2. Inform FBR: a. The inability to create,save,access,or close reports. b. The inability to transfer a report to RMS. c. The inability to provide master resolution during entry. d. A report is unable to complete the approval workflow. 3. Inform Jail: a. Inform Jail users are severely impacted due to one of the following conditions: i. Unable to book or release inmates. Additional Information: Amendment 1 to Software Support Agreement Page 11 of 12 • State and Federal mandates relating to justice queries and reporting change from time to time. The following changes are considered covered support items: A. Modifications to installed Uniform Crime Reporting(UCR)Program or National Incident Based Reporting System (NIBRS)facilities within the Inform RMS Licensed Software,as necessary,in order to accommodate Government Mandated Changes dictated by State and Federal agencies having authority over these programs. Amendment 1 to Software Support Agreement Page 12 of 12