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HomeMy WebLinkAboutContract 48910-A1 CONTRA.CT NO._ 4 v lo— AFZ�=AN WHERE SOFTWARE WORKS Statement of Work #2017-95046 Author: Jim Van Cleave Title: Senior Account Manager Email: jim.vancleave@aptean.com Date Issued: November 20, 2017 Customer Fort Worth Police Department ( Qg67 8 ,0 CL �4,v, � of S�� ti tto�6 8 L9c, �4, OFFICIAL.RECORD FT.WOR'M"HO TX 2017-95046 1 This Statement of Work ("SOW") is hereby incorporated as an exhibit to the Professional Services Agreement dated May 2, 2011 (the "Agreement") previously executed between Aptean Software LLC ("Aptean") and Fort Worth Police Department("Customer"). This SOW shall be subject to the terms and conditions of the Agreement. In case of any conflict between the Agreement and this SOW, the terms and conditions of this SOW shall control. Aptean and the Customer agree that the Services and Service Deliverables to be provided by Aptean pursuant to this SOW are set out in the attached schedule (the "Schedule"), which is hereby incorporated into this SOW. All references to this SOW shall include the Schedule however in case of any conflict between the terms and conditions of this SOW and the Schedule, the Schedule shall control. If any term or provision of this SOW is held invalid or unenforceable for any reason, the remainder of the provisions of this SOW will continue in full force and effect. The Effective Date of this SOW shall be the last date of signature as set forth below. Services and Fees In consideration of the payment of the fees set forth below and in the attached Schedule ("Fees") by the Customer to Aptean, Aptean agrees to perform the services specified in the Schedule (the "Services") in accordance with the terms of this SOW. Fixed Fee Services USD 2,150.00 ABOVE COST EXCLUDES EXPENSES. Amounts exclude any applicable local government taxes and expenses. Fees are stated in USD. Fixed Fee Services. The Fees for the Services performed hereunder for a fixed fee shall not exceed the amount set forth above and in the Schedule provided that: 1. the scope of work, responsibilities, general requirements and assumptions do not change; 2. Customer and their third party resources timely fulfill such responsibilities and requirements; and 3. Customer makes available to Aptean qualified, technical resources for the purpose of completing the Services described herein. Aptean will invoice Customer for Fixed Fee Services in accordance with the terms set out in the Schedule. The parties agree that any changes to the scope of work, requirements or assumptions or any changes which increase Aptean's level of effort for Fixed Fee Services will need to be mutually agreed in accordance with the change control procedure outlined in the Agreement and will require signature of a formal Change Order Form (as defined in the Agreement). Any estimated completion dates are provided for convenience only. Tasks and Service Deliverables 1. Aptean shall perform the Services and provide the Service Deliverables described in the attached Schedule and any Change Order Forms issued pursuant to this SOW. Aptean and the Customer agree to work together in good faith to mitigate any delay in completion or delivery or in the provision of the Services. 2. Aptean shall perform the Services with reasonable skill and care. 2017-95046 2 3. Aptean shall use reasonable endeavors to meet dates specified in a Schedule for the delivery of Services and Service Deliverables. Aptean shall use commercially reasonable efforts to schedule resources upon request from the Customer's representative or their designee. 4. It is understood and agreed that Aptean's Services may include the provision of advice and recommendations, but adoption of any recommendations are the responsibility of the Customer. Aptean shall be responsible for project management of Aptean's resources and commitments however Customer shall be responsible for overall management of the project. 5. Time and schedule estimates are based on Aptean's experience with other similar change or services requests in the past, and the information available at the time of preparing the estimate.Aptean shall use reasonable endeavors to adhere to any estimate provided, however actual effort may vary and Aptean shall keep Customer notified of effort incurred and planned and progress throughout. Customer's Obligations 1. The Customer shall deploy appropriately skilled and qualified personnel in the performance of its obligations under the Schedule, and shall provide information, decisions and approvals in a timely manner to facilitate the agreed delivery schedule. 2. The Customer shall make available to Aptean access to all environments as required under the SOW, or as otherwise agreed between the parties. 3. Aptean and the Customer will work together in good faith to mitigate any delay in completion or delivery or in the provision of the Services resulting, in the reasonable opinion of Aptean, from Customers failure to perform its obligations as described in the Schedule(s). Additional Terms and Conditions 1. Place of Performance. If Aptean's personnel, agents or representatives are required to travel to a location other than one of Aptean's facilities, Customer will pay or reimburse Aptean in accordance with the payment terms set forth in the Schedule (or Aptean's standard terms if none are specified in the Schedule) for all reasonable and actual t ravel expenses including airfare, ground transportation, lodging and meals for personnel required to travel. Aptean will adhere to its corporate travel policies and provide a copy, if requested by Customer, unless otherwise agreed in writing prior to undertaking a project. Services to be provided on-site at Customer's facilities will be scheduled in advance by written agreement of both parties. Both parties will use reasonable efforts to accommodate any requested change in the scheduled dates for on-site services, subject to the availability of appropriate personnel. At Customer's request, Aptean will provide receipts or other reasonably satisfactory evidence of such expenses. 2. If Aptean charges Travel Time the rate and conditions shall be agreed by Aptean and Customer in advance and set out in the applicable Schedule. Travel time is defined as follows: (i) consultant's roundtrip travel time from consultant's location to the customer site; and(ii)consultant's travel time between customer's sites and/or any other customer designated locations. 3. Aptean agrees to advise Customer in writing at the earliest possible time when postponing or canceling scheduled Services activity. In such instances, no liability shall arise, Customer will pay all fees and expenses associated with Services and Service Deliverables provided and Aptean and Customer shall collaborate with reasonable commercial diligence to resume or reschedule the cancelled activity. 2017-95046 3 4. All Service Deliverables developed by Aptean pursuant to a SOW shall be the property of Aptean provided, however, that Customer is hereby granted a non-exclusive and non-transferable license to use the Service Deliverables solely for its internal business purposes, subject to the restrictions set out in the Agreement and the applicable SOW. For greater certainty, insofar as the Agreement contains restrictions on Customer's use of the Software, such restrictions shall apply equally to any and all Software Deliverables. 5. Customer shall pay Aptean the Fees set out in this SOW and the Schedule in accordance with the payment terms contained in the Agreement. 6. Change Procedure. Project costs and durations set forth in a SOW are based on the scope, requirements and assumptions as defined in the SOW. Variance in the scope, requirements or assumptions will have an impact on the project's time and cost. Aptean utilizes a formal change control procedure to respond to and manage the changes that inevitably may occur throughout the duration of a project. The purpose of this procedure is not to inhibit or prevent change, but rather to facilitate change in an orderly manner. Aptean's change control procedure is summarized below: (i) Either Customer or Aptean may initiate a change order (For example, after approving and performing the custom-coding portion of the project, Customer may recognize that a change is necessary. Customer will bring this to Aptean's attention as quickly as possible). (ii) Customer will work with Aptean to document all requested changes in Aptean's standard change request form ("Change Order Form"). This documentation will include a description of the change, reason for the change, areas affected, estimated hours, costs and completion date.Aptean will then submit each Change Request Form to Customer for its review and approval before any work is started on the change. Aptean will, likewise, review and approve the changes before any work is started. (iii) In the event that the parties disagree about the proposed changes, each Party shall, within forty-eight(48) hours from the report of the issue, identify a Senior Management Officer who has decision making authority for each of the respective Parties. The Senior Management Officers will meet and arrive at a mutually acceptable decision. The results of the meeting will be documented and filed with the project library and any milestone dates will be adjusted accordingly. This SOW may be executed in one or more counterparts, each of which shall be deemed an original for all purposes, and together shall constitute one and the same agreement. If a party executes this SOW via electronic signature, then such electronic signature shall be deemed to be such party's original signature for all purposes. The exchange of copies of this SOW and of the signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this SOW as to the parties and may be used in lieu of the original SOW for all purposes. If Customer does not sign this SOW by November 25, 2017, Aptean reserves the right to amend the terms contained in this SOW at its discretion. 2017-95046 4 By signing below, Customer and Aptean indicate that they agree to the terms of this SOW. City of Fort Worths Aptean Software LLC By: � j�J By: �G'�t�t�—�• Name: Valerie R. Washington Name: ]c_str'►1eM Title: Assistant City Manager Title: /P, [�{�ea• Date: l�(cP(142 Date: PO#: 2017-95046 5 Executed on thy`% day of 201 APPROVAL RECOMMENDED: By - Chief Joel F. Fitzgerald Chief of Police Date: APPROVED AS TO FORM AND LEGALITY: By: — & John B. Stro �Assistan ity Attorney ATTEST: � ORT B Y: ary y _ City Secre ary �XAS Contract Authorization: M&C: Not Required 1295 Certification No.: Not Required Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Michael Munday Technology Services Manager OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 6 Schedule of Work PC & Ticket Changes Professional Services For Fort Worth Police Department, TX Quote # 2017 - 95046 1 1 P a g e Schedule Version Control Date Revision Author Comments 9/18/17 1.0 SR Initial Document Related Documents Type Name Description Comments NA Copyright©2012-2017 Aptean.All Rights Reserved. Aptean,and all other Aptean product names,service names,slogans,and related logos are registered trademarks,trademarks or service marks of Aptean in the United States and other countries. All other company,product or service names referenced herein are used for identification purposes only and may be trademarks of their respective owners. Glossary of Terms All capitalized terms not otherwise defined herein shall have the same meaning as in the Agreement. "Consultant(s)" means a person assigned by Aptean to perform the Services. "Customer Project Manager" means an employee of Customer with technical and project management expertise. "Aptean Project Manager" means an employee of Aptean with project management expertise. Subject Matter Expert"SME" means a Customer employee or contractor with sufficient Customer-specific knowledge to perform assigned responsibilities who has also completed training recommended by Aptean for the project role being performed by such person. Table of Contents 1 Project Description........................................................................................................................................4 1.1 Project Scope.......................................................................................................................................4 2 Professional Services and Deliverables .......................................................................................................5 2.1 Service Specifications..........................................................................................................................5 3 Proposed Project Schedule & Costs.............................................................................................................6 3.1 Estimated Project Duration ..................................................................................................................6 3.2 Licenses, Fees and Other....................................................................................................................6 3.2.1 Payment Terms:...................................... ........................................................................................6 4 Project Roles & Responsibilities...................................................................................................................7 4.1 APS Roles............................................................................................................................................7 4.2 Customer Roles....................................................................................................................................7 5 Customer Obligations ...................................................................................................................................8 6 Assumptions .................................................................................................................................................8 7 Appendix A: Change Order Form ................................................................................................................9 3 1 P a g e 1 Project Description This schedule of work describes work to be performed by Advanced Public Safety ("APS"), an Aptean product line and Fort Worth Police Department, TX("Customer"). Due to new Texas legislative laws, the state is requiring additional information be tracked and printed on the ticket. Along with miscellaneous requests by the agency, this will require updates to the PocketCitation (PC) build and the printed ticket. 1.1 Project Scope The overall project objectives and scope are as follows: IN SCOPE 1. New"proof of financial responsibility" checkbox &verbiage Add the below checkbox and verbiage to the PC Violations screen for the officer to select and add to the front of the printed ticket in the VIOLATIONS section. ❑ Unable to verify FR 2. New footer language: Add the below paragraph verbiage to the footer near the bottom of the ticket. It will replace the existing paragraph starting with TIME PAYMENT PLAN... If you are assessed fines and courts costs as a result of this citation and you are unable to pay, bring this to the attention of the judge. For more information, contact the court at 817-392-6700 or an attorney. Additional information can be found on our website: http://fortworthtexas.gov/municipalcourt/ 3. Add the below verbiage to the footer in the IMPORTANT— READ CAREFULLY section If you would like to make a compliment or complaint regarding a citation or warning issued by a Fort Worth officer, you may do so by: phone at(817) 392-4270; mail or in person at 505 W. Felix St, Fort Worth, TX 76115; or email at FWPD_InternalAffairs@fortworthtexas.gov. 4. Project Management throughout the project. OUT OF SCOPE 1. Travel to/from the Customer site. All work for this engagement will be completed remotely. 2. Changes to data obtained on the citation. No modifications will be made to any existing fields. 3. Any modifications or customizations to other APS products. 4. Installation of APS products on Customer workstations. APS will provide implementation support for the installation of products on local workstations, but will not perform the installations. 5. Manipulation of any data from the mobile client(for mobile data returns) to accommodate changes to the export. Data obtained from returns will be processed and made available to the citation exports as-is with no manipulation or massaging. 6. Anything else not addressed in this SOW is out-of-scope and not included in this effort. Changes to this Statement of Work will be handled in accordance with APS change control procedures. The investigation and the implementation of changes may result in modifications to the estimated schedule and/or charges. 4 1 P a g e 2 Professional Services and Deliverables 2.1 Service Specifications Customer has requested the following professional services: Service/Task Description Assigned To: Deliverables Aptean Customer Activities 1. Validation of requirements ✓ ✓ Determination of tasks and responsibilities for and implementation of tasks. completion of implementation. 2. Development of requested ✓ Changes to PC build, printed ticket and updates to changes data exports. 3. Deployment of customer ✓ ✓ Delivery of initial software for user acceptance solution testing UAT 4. User acceptance testing ✓ Validation of solution. 5. Final Software delivery ✓ Delivery of final software for implementation. Quality Review Checkpoint Quality Review Meeting Sign-off on all tasks approved inside the SOW ✓ ✓ and approved change orders. 5 1 P a g e 3 Proposed Project Schedule & Costs 3.1 Estimated Project Duration The project schedule will be determined by the APS and Customer Project Managers after Project Kickoff. 3.2 Licenses, Fees and Other 3.2.1 Payment Terms: 1. FF billing based on Milestone Completion: `Fees are based on the scope outlined in the Milestone activities, tasks and deliverables in Section 2.0: Professional Services and Deliverables. Invoices will be issued according to the following fee schedule: • Fort Worth PD will be invoiced for 100% of the fixed fee cost total: $2,150.00, plus any applicable taxes, upon execution of order and contract. Milestone/Task Description 1 FF Name Cost Project Execution of order and contract $ 2,150.00 Total Fixed Fee Cost $ 2,150.00 1. Costs above do not include travel time or travel expenses 2. NOTE: The 'Cost' for Customization tasks is a ballpark estimate only. Upon detailed customization project analysis, if the original estimate is deemed insufficient to complete the upgrade, Aptean will provide customer with a final Level of Effort for all customization tasks. As a result, a change order for additional hours to complete the customization portion of the project may be required. 6 1 P a g e 4 Project Roles & Responsibilities 4.1 APS Roles The following table indicates the roles of Aptean personnel, as related to the Project and the type of work that role will perform. Any staffing questions should be directed to the Professional Services Manager/Director. Role Description Developer(s) 0Works with the consultants to define the functional requirements (Billable Service) 0 Creates a proposal identifying the level of effort and cost • Writes code for all accepted proposals • Unit tests all code written • Once the customer tests and accepts the code, the custom developer will release the final code to the customer Project Manager • Gather all information from Customer required for development of the agreed (Billable Service) upon software customizations. • Provide direction to the Advanced Public Safety Project Team. • Maintain Project communication with the Customer Project Manager. • Establish processes and procedures for monitoring the status of Deliverables and any requested changes to the Deliverables. • Participate in scheduled Project status meetings with Customer's designated personnel. Technical Support 0Provides phone and web support for the In Scope issues, where Customer is (Non-billable) receiving unexpected results from the software QA Tester 0 Ensure functional and design specification for deliverables are met • Replicate and report defects and verify defects are fixed Professional Services • Responsible for overall executive management of project Manager/Director • Responsible for Aptean resources assigned to Customer 4.2 Customer Roles The following Customer resources will be necessary in order for Aptean to complete the tasks of this project. Role Description Project Manager • Manage Customer's responsibilities for this Project. • Serve as the interface between Advanced Public Safety and all Customer departments participating in the Project. • Actively participate in Project status meetings and emails. • Obtain and provide information, data, decisions and approvals within three (3)working days of Advanced Public Safety' request unless Customer and Advanced Public Safety agree in writing to a different response time. • Communicate directly with the Advanced Public Safety Project Manager on matters where Customer requires appropriate action from Advanced Public Safety personnel to rectify deviations from plans, schedules or procedures that are agreed to by Customer and Advanced Public Safety. • Help resolve Project issues and escalate issues within Customer, as necessary. 71 Page Role • • • Appoint a technical liaison, with technical knowledge of the current Customer system environment and external software to which the Advanced Public Safety software will interface. This person will provide technical assistance to the Project on an "as needed" basis. 5 Customer Obligations The successful completion of this Project depends on the full commitment and participation of Customer's management and personnel. Provided the Customer fulfills all obligations in a timely manner, APS will provide the Customer with the deliverables outlined in this agreement. APS will not be obligated to provide any services not explicitly set forth in this SOW. In addition, the Customer agrees to provide the following at no charge to APS: 1. Continuity of resources for the duration of the project, to the extent possible. 2. Cooperation with and reasonable assistance to Advanced Public Safety, all in a timely manner, in connection with preparing schedules, responding to requests for information and data, and supporting a successful completion of the Project. 3. A designated Project Manager who will be the focal point for Advanced Public Safety communications relative to this Project and will have the authority to act on behalf of Customer in all matters regarding this Project. 4. Completion of UAT to ensure end-user acceptance. UAT activities shall be owned and managed by the Customer. Customer will ensure that all UAT results are conveyed to APS following testing of required business and system functions. 5. Customer is solely responsible for implementing all business process changes desired by Customer or necessary for Customer's use of the solution. 6. Throughout the project, Customer will promptly apply all APS updates and fixes. If Customer elects to have APS perform such maintenance services, APS will do so pursuant to a separate SOW. 7. Customer shall ensure that all data running on Customer systems, including systems running third- party software, is accurate, consistent, complete, and appropriate for data conversion and interfaces. 8. Qualified technical personnel to help with, support, and provide required information on the related services or external software under the control of Customer. Such personnel will have the appropriate skills to enable them to actively participate in any training provided or activities supervised by Advanced Public Safety and to perform the tasks allocated to them in connection with the services delivered under the scope of this SOW. 6 Assumptions This Statement of Work is based upon the following assumptions: 1. No Aptean consulting time has been estimated in this SOW for Custom Reporting. Any time identified as required will be managed via the Change Order process. 2. No time has been allocated for any 3rd Party services in this project. All time estimates for 3rd Party services will be provided to your company by 3rd Party via separate agreement. 3. UAT Support by APS shall be offered for a period not to exceed 20 calendar days past the delivery of code. Should further support be needed, the duration for continued support will be defined and managed via Change Request. If no comment or feedback is received, the project is considered complete and accepted. 8 1 P a g e 7 Appendix A: Change Order Form Original SOW# Requested Completion_Date I Description of Change Functionality Required Assumptions Customer Steps _.__.__-_ Aptean Step-6. Schedule Impacts Other Potential Impacts General Comments Cost Estimated Cost Rate Effort in hours!days Summary Change Item Change in Details hours +[- _ Total Change Change (e.g. This will result in a 5 day change or$9,000) Summary 9Page