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FROM: Wayne Padilla, Finance and Information Technology Director
Prepared By: Steve Schmidt, Information Technology Manager
SUBJECT: SOFTWARE SOLUTIONS CONTRACT FOR TYLER/ENERGOV TESTING
AND TRAINING
RECOMMENDATION
Award a contract to Software Solutions for testing and training services on the Tyler/EnerGov
Solutions software and authorize the City Manager to execute a “Not-to-Exceed” contract totaling
$43,950.
DISCUSSION
Background
The City is currently engaged in replacing multiple old, outdated FoxPro applications with
Commercial off-the-shelf software applications (COTS); the most extensive and expensive of these
replacement applications is from Tyler/EnerGov Solutions. The Tyler/EnerGov application is the
GIS centric, user interface software utilized for a wide range of mission-critical functions
throughout the organization, including landuse inventory, planning, permitting, code enforcement
and inspections. Although this project has required a huge resource commitment, the replacement is
critical in delivering day-to-day services to the City and the community in an efficient, reliable and
cost effective manner.
The project is nearing completion with implementation anticipated for spring 2014. System
configuration testing has already begun and will continue through the first part of December. User
Acceptance Training (UAT) will begin in December and run through January. User system training
will take place in January and February with go live scheduled for March 14.
Software Solutions
During the transition from the old FoxPro applications to Tyler/EnerGov, the City has contracted
with Software Solutions on an as-needed basis to provide consultation and support to staff. To make
this project a success, the City needs to involve Software Solutions to support the UAT
development and testing, as well as user training prior to go live. Staff proposes utilizing the
services of Software Solutions more extensively during this time.
Software Solutions will perform the following services:
• UAT Testing Templates - Develop specific system testing sheets for the end users to use in
testing the very detailed functions of the system.
• Develop end-user training goals and create custom quick reference guides for each system
module.
• User Acceptance Testing – Schedule and facilitate intensive testing of the EnerGov system.
Meeting Date
Item Number 12-10-2013
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• Training Classes – In conjunction with Tyler/EnerGov, design conduct Train-the-Trainer
classes.
• Over-see the City trainers as they train all City users.
• Help Desk Support – Provide onsite support and follow-up training during the week after the
system goes live.
Sole Source Justification
Staff recommends a sole source contract from Software Solutions for the following reasons:
• The City currently has an annual contract with Software Solutions for other training services,
including classes on Microsoft Office products, and staff throughout the City has been
extremely pleased with these services as well as with the commitment of the vendor in ensuring
the success of these trainings for the City. This high level of confidence in the capability of
Software Solutions is important to offset the loss of confidence in the prior training effort.
• The vendor has extensive knowledge of the City’s current FoxPro applications as well as staff’s
needs for the new EnerGov system.
• The vendor has previously been engaged on a much smaller scale to provide input in the
development of a training plan for the EnerGov system. This experience has led to the vendor
being highly familiar with the system and the training needs of the City in a way that would take
any other contractor a great deal of time to reach the same level of understanding.
• The vendor has a facility in San Luis Obispo and is available on short notice to assist with staff
questions and provide support when the new system goes live.
CONCURRENCES
The senior management staff committee working on the Tyler/EnerGov project concurs with this
recommendation. Additionally, the Community Development Department Director, whose staff is
the most highly impacted by this software conversion and is the Executive Sponsor of this project,
concur with this recommendation.
FISCAL IMPACT
There is no fiscal impact on the General Fund for this contract. The City has not been paying
Tyler/EnerGov annual maintenance and support fees due to the system’s lack of critical
functionality. Contract Amendment No. 4 (attached) stipulates that the City will begin to pay
maintenance and support to Tyler/EnerGov in April, providing the system actually goes live in
March.
There is currently $95,000 in the Information Technology 2013-14 budget for maintenance and
support for the EnerGov project. The monthly cost of maintenance and support is $7,386. If all
goes as scheduled, the City will owe Tyler/EnerGov the 3-month prorated amount of $22,158 for
April, May and June. Annual funding of $88,627 for maintenance and support will begin at the
start of the new fiscal year. After the last quarter year payment, there is still $72,842 remaining in
the current year’s budget. The 2014-15 budget includes $104,000 for maintenance and support, as
well as any custom programming that the City may require from Tyler/EnerGov.
The Software Solutions detailed contract cost summary is below:
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City of SLO EnerGov Pricing Model
2013-2014 Project
Item Daily Rate Days/Wk Weeks Total
Pre-UAT 750$ 35 11,250$
UAT Training 800$ 51 4,000$
UAT 800$ 26 9,600$
Training Docs 700$ 51 3,500$
Train the Trainer 1,200$ 41 4,800$
ALTERNATIVES
1. Select a different vendor. This is not recommended due to the vendor’s knowledge of both the
FoxPro applications and the Tyler/EnerGov system. Additionally, the vendor has extensive past
experience in successfully training City staff on new software programs and providing ongoing
support.
2. Do not hire a vendor to assist with testing and training. This is not recommended since the
Tyler/EnerGov testing and training offered is not adequate to meet the City’s needs. Also, City
staff are not software testing or training experts and do not have experience with a software
implementation of this magnitude. Software Solutions will be available to fill in these gaps to
ensure a smooth transition to the new system.
ATTACHMENTS
1. Agreement - Software Solutions Proposal - General Terms and Conditions.pdf
2. SLO AMENDMENT 4 - Final Draft.pdf
T:\Council Agenda Reports\2013\2013-12-10\Software Solutions Contract for Tyler-EnerGov Testing and Training (Padilla-Schmidt)
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this
_____________day of ____________________________________, by and between the CITY OF SAN
LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and SOFTWARE SOLUTIONS,
hereinafter referred to as Consultant.
W I T N E S S E T H:
WHEREAS, on the City wants Tyler/EnerGov Software Testing and Training: and
WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal
to do so which has been accepted by the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until contract expiration.
2. CITY'S OBLIGATIONS. For providing services as specified in this agreement, City
will pay, and Consultant shall receive, compensation in a total sum not to exceed $43,950.
4. CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City provide
all specified services as described in Exhibit A (Consultant’s Proposal) attached hereto and incorporated
into this Agreement by reference. Consultant further agrees to the contract and performance terms as set
forth in Exhibit B attached hereto and incorporated into this Agreement by reference.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer.
6. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement between the parties
hereto. No oral agreement, understanding, or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
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City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Consultant Software Solutions
Attn: Derek Crawford
3220 So. Higuera, Suite 208
San Luis Obispo, CA 93401
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant
that each individual executing this agreement on behalf of each party is a person duly authorized and
empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO:
________________________________ By: _____________________________________
City Clerk Jan Howell Marx, Mayor
APPROVED AS TO FORM: CONSULTANT:
________________________________ By: _____________________________________
City Attorney Software Solutions
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Exhibit A
Monday, November 4, 2013
Steve Schmidt
IT Manager
City of San Luis Obispo
990 Palm Street
San Luis Obispo
Dear Steve,
The following is a preliminary proposal based upon your recent request for training. Please
review this information and reply back to me at your convenience. We will be more than happy
to customize the training to best suit your organization’s needs.
Sincerely,
Derek Crawford
Owner
Software Solutions Team
Office: (805) 786-4283
Fax: (805) 545-5435
Cell: (805) 801-4825
Email: derek@sstslo.com
Web: www.sstslo.com
S OFTWARE T RAINING P ROPOSAL
Presented to
City of San Luis Obispo
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Exhibit A
T RAINING P ROPOSAL
Program Overview
Software Solutions Team (SST) will assist in the development and delivery of end-user
UAT (user acceptance testing) and computer training to the staff of CITY OF SAN LUIS
OBISPO (Client) on EnerGov. SST will research and become familiar with the practical
use and application of each of the software systems, organize and conduct system testing
for Power Users and then coordinate and support hands-on (one computer per student)
training to Client's end users.
Training Site
All classes will be taught in Client's F&IT Training Room or suitable venue with access to
the City's network.
Training Material
SST will provide training material that will be customized by the Power Users of each
department/division using EnerGov. Each course includes vendor provided courseware, as
well as quick reference guides customized by SST covering Client specific topics, for each
participant.
Scope of Testing and Training and Services to be Provided
1. PRE-UAT PREP
Dates: Oct. 31, 2013-Nov. 27, 2013
Frequency: 2-3 days/week
Duration: 5 weeks
SST Services Provided:
SST will research the Client's intended use of EnerGov, as well as the basic features
and functionality of those applications, in order to develop specific criteria and goals
for the end-users' testing and training program. SST will have access to Client's
network and applications so as to develop this program. SST will work with
Client’s departmental Power Users to ensure understanding how their business
process is to be managed in EnerGov and then translate those steps into specific
acceptance testing scripts to be used by Client staff. SST will organize and conduct
meetings with Power Users and EnerGov team members to facilitate mutual
understanding of the expected software functionality and identify configuration
issues and/or bugs that need to be addressed prior to the UAT training session. SST
will assign department/division specific Power Users to customize EnerGov UAT
testing scripts to address specific steps/processes that need to be tested. SST will
assist in UAT session scheduling and user assignments. SST will post all
configuration issues and bugs on EnerGov SharePoint UAT List.
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Exhibit A
2. UAT TRAINING
Dates: Dec. 2, 2013-Dec. 6, 2013
Frequency: Daily
Duration: 5 days
SST Services Provided:
SST will assist EnerGov training staff in the delivery of UAT training sessions.
Responsibilities will include with each Client department/division Power User to
ensure they have the skills necessary to navigate each necessary module in EnerGov
so they can adequately test for completeness. SST will work with Power Users to
make any necessary changes to their department/division specific UAT testing
scripts prior to the formal UAT sessions.
3. UAT
Dates: Dec. 9, 2013-Jan. 24, 2014
Frequency: 2 days/week
Duration: 6 weeks
SST Services Provided:
SST will assist in the scheduling and participate in the testing of at UAT modules for
EnerGov. Services will include ensuring customized UAT scripts are used by the
testing Power Users, providing direction on expected use and functionality,
documenting and posting of all UAT problems on the EnerGov SharePoint UAT
List.
4. TRAINING DOCUMENT PREPARATION
Dates: Oct. 31, 2013-Feb. 7, 2014
Frequency: As needed
Duration: 14 weeks
Max. Hours: 40 hours
SST Services Provided:
SST will take the existing EnerGov user guide manual developed by SST in 2012,
add current screen shots and module updates for EnerGov as of the end of UAT
date, and make the editable manual (MS Word format) available for department
Power Users. It is expected that City Power Users will complete the editing for end-
user training manuals to explicitly detail how the software will be used for their
specific department/division’s use for their business processes. Additional
development labor beyond the proposed 40 hours will be billed at $100/hr. rate.
5. TRAIN THE TRAINER
Dates: Feb. 3, 2014-Feb. 7, 2014
Frequency: 4 days/week
Duration: 1 week
SST Services Provided:
SST will work with EnerGov to design a schedule for dedicated computer classes
on mutually agreeable dates, times, and course content for up to 25 City power-
users the following courses:
• Course Name: EnerGov Train the Trainer training
Course Length: 1-3 hours (to be determined) per session, up to 4
session/day
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Exhibit A
(Maximum of 13 students/class)
6. END-USER TRAINING
Dates: Feb. 10, 2014-Feb. 28, 2014
Frequency: 2-3 days/week
Duration: 3 weeks
SST Services Provided:
SST will design a schedule for dedicated computer classes on mutually agreeable
dates, times, and course content for the following courses:
• Course Name: EnerGov End User Training
Course Length: 1-2 hours (to be determined) per session, up to 4
sessions/day
(Maximum of 20 students/class)
Registration
SST offers to arrange for the scheduling and registration of the client’s staff.
Equipment
Client will provide all computer hardware and software for training at Client’s facility.
Costs
Item Daily Rate Days/Wk Weeks Total
Pre-UAT 750$ 35 11,250$
UAT Training 800$ 51 4,000$
UAT 800$ 26 9,600$
Training Docs 700$ 51 3,500$
Train the Trainer 1,200$ 41 4,800$
End User Training 1,200$ 33 10,800$
Extended Costs 43,950$
Cancellation / Rescheduling
SST’s standard 5 day cancellation policy applies to all dedicated class dates. Please call us
for further details.
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Exhibit A
Payment
All fees for training services are considered due and payable upon first day of training.
Billing terms can be arranged. Invoicing for training and development services will occur
on the 1st and 15th of each month.
As always with SST, we stand behind the quality of our training programs, and guarantee your
complete satisfaction. Please contact us as soon as possible to accept this proposal, so that we
may begin reserving your preferred training dates.
Respectfully,
Derek Crawford
Owner
Software Solutions Team
Office: (805) 786-4283
Fax: (805) 545-5435
Cell: (805) 801-4825
Email: derek@sstslo.com
Web: www.sstslo.com
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1. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate
before execution of the contract. Additional information regarding the City's business tax program
may be obtained by calling (805) 781-7134.
2. Ability to Perform. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
3. Laws to be Observed. The Consultant shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
5. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
6. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous
to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and take
such other protective measures as are necessary to prevent accidents or damage or injury to the
public and employees.
8. Preservation of City Property. The Consultant shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured or
damaged resulting from the Consultant's operations, it shall be replaced or restored at the
Consultant's expense. The facilities shall be replaced or restored to a condition as good as when
the Consultant began work.
9. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants
engaged for the performance of this work that only persons authorized to work in the United States
pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
10. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it
will not engage in, nor permit such sub- consultants as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
11. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due
to federal government restrictions arising out of defense or war programs, then the time of
completion may, at the City's sole option, be extended for such periods as may be agreed upon by
the City and the Consultant.
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12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment or services provided by the Consultant
(Net 30).
13. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Consultant are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not relieve
Consultant of any of its obligations to fulfill its contract requirements.
14. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Consultant in preparing its invoices to City as a condition precedent to any
payment to Consultant.
15. Interests of Consultant. The Consultant covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree
with the performance of the work hereunder. The Consultant further covenants that, in the
performance of this work, no sub-consultant or person having such an interest shall be employed.
The Consultant certifies that no one who has or will have any financial interest in performing this
work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of
the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not
an agent or employee of the City.
16. Indemnification for Professional Liability. To the fullest extent permitted by law, the
Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its
officials, employees and agents (“Indemnified Parties”) from and against any and all losses,
liabilities, damages, costs and expenses, including attorney’s fees and cost which arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
17. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City.
18. Termination. If, during the term of the contract, the City determines that the Consultant is not
faithfully abiding by any term or condition contained herein, the City may notify the Consultant in
writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified
in the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities, or rights under the contract except, however, any
and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the Consultant as may be set forth in the Proposal;
compensation for any other work, services or goods performed or provided by the Consultant shall
C6 - 12
be based solely on the City's assessment of the value of the work-in-progress in completing the
overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment
of the project, as may be determined in the City's sole discretion, so as to permit a full and
complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in
excess of the compensation quoted in its proposal.
19. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Consultant as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City upon demand.
20. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City.
21. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Consultant is required to furnish in
limited quantities as part of the work or services under these specifications, the Consultant shall
provide such additional copies as are requested, and City shall compensate the Consultant for the
costs of duplicating of such copies at the Consultant's direct expense.
22. Required Deliverable Products. The Consultant will be required to provide:
2 hard copies of the draft or electronic copy (Adobe Acrobat format)
2 hard copies of the final project report, and 1 electronic copy (Acrobat Adobe format) of the final
report.
City staff will review any documents or materials provided by the Consultant and, where
necessary, the Consultant will be required to respond to staff comments and make such changes as
deemed appropriate.
Computer files must be on 3½", high-density, write-protected diskettes or CD’s formatted for use
on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the
directory. Alternatively, files may be emailed to the City.
23. Amendments. Any amendment, modification or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the City Engineer of the City.
24. Complete Agreement. These Purchase Order Conditions and Consultants proposal shall
constitute the complete agreement between the parties hereto. No oral agreement, understanding or
representation not reduced to writing and specifically incorporated herein shall be of any force or
effect, nor shall any such oral agreement, understanding or representation be binding upon the
parties hereto.
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25. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages
and amounts specified in these conditions as a precondition to contract execution. The Consultant
shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the
work hereunder by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10
Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the
City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Consultant; products
and completed operations of the Consultant; premises owned, occupied or used by the Consultant;
or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, official, employees,
agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
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4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
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1
Amendment
No.
4
to
the
Master
Customer
Agreement
between
Tyler
Technologies,
Inc.
and
City
of
San
Luis
Obispo
This
Agreement
is
between
Tyler
Technologies,
Inc.
(“Tyler”)
a
Delaware
corporation
with
offices
at
2160
Satellite
Blvd,
Suite
300,
Duluth,
Georgia,
30097,
as
successor-‐in-‐interest
to
EnerGov
Solutions,
LLC
(“EnerGov”),
and
the
City
of
San
Luis
Obispo,
California
(“Customer”)
located
at
990
Palm
Street,
San
Luis
Obispo,
CA
93401.
The
date
of
this
Amendment
is
________________,
2013
(“Effective
Date”).
Recitals
1. On
September
20,
2010,
the
parties
entered
into
the
Master
Customer
Agreement
SLO090210
in
which
EnerGov
agreed
to
provide
a
software
product
to
meet
the
current
and
future
needs
of
Customer
and
to
assist
in
the
successful
implementation
and
deployment
of
said
product
(“Master
Customer
Agreement”).
2. On
October
1,
2010,
the
parties
entered
into
the
First
Amendment
to
the
Master
Customer
Agreement,
which
amended
the
payment
schedule
in
the
Master
Customer
Agreement,
and
the
statement
of
work
incorporated
into
the
Master
Customer
Agreement
(“Amendment
No.
1”).
3. On
December
7,
2011,
the
parties
entered
into
the
Second
Amendment
to
the
Master
Customer
Agreement,
which
amended
terms
and
conditions
related
to
Asset
Management
Licenses,
Professional
Service
Rates
and
Annual
Maintenance
and
Support
Fee
Changes
(“Amendment
No.
2”).
4. On
March
19,
2012,
the
parties
entered
into
the
Third
Agreement
to
the
Master
Customer
Agreement,
which
amended
the
terms
and
conditions
for
training
and
onsite
assistance
during
training
and
deployment
(“Amendment
No.
3”).
5. The
parties
desire
to
amend
the
Master
Customer
Agreement
as
it
has
been
amended
with
Amendment
No.
1,
Amendment
No.
2
and
Amendment
No.
3
(collectively
referred
to
as
“Amendments”)
to
clarify
the
scope
of
work
necessary
to
deliver
a
product
as
agreed
herein
to
Customer.
Therefore,
in
consideration
of
the
foregoing
recitals
described
above,
the
parties
agree
as
follows:
Agreement
1. Master
Customer
Agreement
and
Amendments.
All
terms
and
conditions
of
the
Master
Customer
Agreement
and
its
Amendments
remain
in
full
force
and
effect.
To
the
extent
that
there
is
a
conflict
between
the
Master
Customer
Agreement
and
Amendments
as
it
relates
to
the
Scope
of
Work
and
this
Amendment,
this
Amendment
shall
prevail.
C6 - 16
2
2. Scope
of
Work.
The
parties
agree
to
the
terms
and
conditions
and
their
respective
obligations
as
set
forth
in
the
Scope
of
Work
attached
hereto
as
Exhibit
A
and
incorporated
by
reference.
Any
development,
training,
or
other
work
required
beyond
that
detailed
in
the
Scope
of
Work
will
result
in
additional
fees
and
expenses
to
be
borne
by
Customer.
Tyler
shall
not
perform
any
additional
development,
training
or
other
work
beyond
that
detailed
in
the
Scope
of
Work
without
prior
written
approval
by
Customer.
3. Representation
by
Counsel.
Each
party
acknowledges
that
it
has
had
the
opportunity
to
consult
with
legal
counsel.
4. Support
Payment
Schedule.
The
parties
agree
that
Customer
shall
remit
to
Tyler
the
prorated
first
quarterly
Software
Support/Maintenance
fee
in
the
amount
listed
in
the
Agreement
and
as
modified
by
the
Amendments
(“Support
Payment”)
upon
the
earlier
of
(i)
the
use
of
a
Tyler
software
product
in
live
production,
or
(ii)
one
hundred
eighty
(180)
days
from
the
date
of
the
execution
of
this
Amendment
and
shall
remit
a
Support
Payment
every
three
(3)
months
at
the
beginning
of
each
quarter
thereafter
for
the
term
of
the
Software
Support
Agreement.
5. Authority
to
Execute
Amendment.
Both
parties
covenant
that
each
individual
executing
this
Amendment
on
behalf
of
each
party
is
a
person
duly
authorized
and
empowered
to
execute
contracts
for
such
party.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
caused
this
instrument
to
be
executed
the
day
and
year
first
written
above.
ATTEST:
CITY
OF
SAN
LUIS
OBISPO
____________________________________
By:
____________________________________
City
Clerk
City
Manager
APPROVED
AS
TO
FORM:
TYLER
TECHNOLOGIES,
INC
_____________________________________
By:
____________________________________
City
Attorney
Name:
_________________________________
Title:
__________________________________
C6 - 17
3
EXHIBIT
A
–
SCOPE
OF
WORK
The
Services,
hours,
and
costs
described
and
quoted
below
constitute
the
Scope
of
Work
Tyler
has
agreed
to
perform
for
Customer
at
no
charge
to
Customer.
Any
services,
hours,
or
costs,
including
expenses,
provided
or
incurred
by
Tyler
at
the
request
of
Customer
that
are
not
set
forth
in
this
Scope
of
Work
shall
be
provided
at
Tyler’s
then-‐current
time
and
materials
rate,
and
shall
be
payable
by
Customer.
Tyler
shall
not
perform
any
additional
development,
training
or
other
work
beyond
that
detailed
in
the
Scope
of
Work
without
prior
written
approval
by
Customer.
Configuration
Modifications
I. Permit
and
Plan
Management
(Reconfiguration)
A. Organization.
1. Except
for
Utilities,
no
changes
will
be
made
as
to
the
starting
module
for
existing
record
types.
2. Building
Permits
often
result
in
a
hierarchical
organization
of
multiple
Permit
Cases—each
designed
for
managing
a
specific
aspect
of
the
project.
a. Granular
Types
and
Work
Classes
constrain
the
scope
of
individual
cases.
b. Additional
Info
fields
are
unique
to
the
Type
and
Work
Class
of
the
Permit
Case
they
belong
to.
c. Sub-‐Permits,
such
as
Fire,
Encroachment,
and
Recycled
Water
Permits,
are
created
in
the
workflow
of
a
parent
Building
Permit.
d. Stand-‐alone
Trade
Permits
are
distinct
from
the
Trade
sub-‐permits
of
a
Building
Permit.
3. Classification
schemes
are
harmonized
specifically
to
each
Type
and
Work
Class
of
Permit
(e.g.
Occupancy
Class,
Census
Code,
etc.).
a. The
Square-‐Foot
Calculator
records
distinct
areas
to
be
considered
during
the
lifecycle
of
the
Building
Permit.
b. The
Valuation
Calculator
records
the
calculated
value
of
areas
or
aspects
of
the
project.
c. Values
recorded
in
both
calculators
will
be
used
for
calculating
fees.
d. Fee
Templates,
Intelligent
Objects,
stored
procedures,
or
a
combination
thereof
will
use
values
recorded
in
the
Square
Foot
Calculator
for
calculating
fees.
4. In
order
to
calculate,
record,
and
provide
a
formal
fee
estimate,
a. All
Estimate
Cases
must
be
closed
once
a
subsequent
Estimate
Case
or
a
formal
Permit
or
Plan
Case
is
created.
b. The
Intelligent
Automation
Agent
closes
any
Estimate
Case
on
the
Expiration
Date
assigned
to
it.
B. Fees.
1. Fees
may
be
collected
at
any
point
during
the
lifecycle
of
a
Permit
or
Plan
Case,
or
explicitly
deferred
until
any
time
during
the
lifecycle
of
a
Case.
C6 - 18
4
2. Fees
and
Fee
Templates
are
assigned
to
the
specific
Permits
and
Plan
Case
types
and
work
classes
that
they
relate
to.
3. Fees
and
Credits
will
not
propagate
from
Sub-‐Permits
and
Sub-‐Plans
to
parent
cases.
A
Grand
Total
at
the
parent
case
level
is
only
available
through
the
use
of
a
report
(or
an
advanced
stored
procedure).
Should
the
current
Fees
&
Credits
Report
not
be
needed
as
a
result
of
the
reconfiguration
effort,
then
this
report
may
be
modified
at
the
city’s
choosing
to
accommodate
this
need.
If,
however,
the
Fees
&
Credits
Report
is
still
needed,
then
this
report
would
be
a
custom
report
and
would
be
billed
at
the
current
hourly
rate
for
report
development.
C. Inspections.
1. Inspections
are
tracked
through
the
appropriate
Permit
Case—frequently
a
Sub-‐Permit,
not
necessarily
the
Building
Permit
Case.
2. Building
Inspectors
will
likely
use
the
full
client.
Other
inspectors
may
consider
iG
Inspect
in
the
future.
D. CAP/ePortal.
1. The
Silverlight
Decision
Engine
is
required
to
allow
the
receipt
of
Submittals
and
the
creation
of
Applications
through
CAP.
A
decision
on
the
use
of
EnerGov’s
Decision
Engine
is
pending
but
would
be
part
of
the
implementation
if
that
decision
were
made.
2. Plan
Cases
and
Permit
Cases
may
be
managed,
but
not
created,
through
CAP.
This
information
is
dependent
on
a
decision
regarding
the
use
of
the
Decision
Engine
II. Object
Management
(New
Configuration
&
Data
Services)
A. Organization.
1. An
Object
Record
will
be
created
to
represent
each
distinct
property
element
that
may
participate
in
a
Plan,
Permit,
or
Code
Enforcement
Case.
2. Information
relative
to
Building
Permits
will
typically
be
maintained
on
a
corresponding
Structure
Object,
while
information
relative
to
Planning
Applications
will
typically
be
maintained
on
Parcels,
Structure
Objects,
and
Suite
Objects.
3. Every
occupiable
Structure
Object
contains
at
least
one
Suite
Object.
4. Almost
all
Structure
Objects
are
attached
to
the
single
Parcel
upon
which
they
sit.
5. Suite
Objects
are
always
assigned
a
single
Address,
while
Structure
Objects
and
Parcels
may
be
assigned
multiple
Addresses—or
none
at
all.
6. The
hierarchy
between
Suite
Objects,
Structure
Objects,
and
Parcels
will
be
established
during
the
data
import
process,
and
then
maintained
by
City
staff.
B. Processes.
1. Structure
Objects
and
Suite
Objects
are
always
associated
to
any
Case
that
concerns
them.
2. GeoRules
do
not
consider
the
Object
Records
associated
with
a
Case,
or
any
Sub-‐Permits
or
Sub-‐
Plans
associated
to
it.
3. Holds,
Conditions,
and
Recommendations
at
the
property
level—Parcel,
Structure,
and
Suite—are
used
to
track
planning
agreement
details
and
entitlements.
C6 - 19
5
4. Object
Records
currently
have
no
relationship
to
Code
Enforcement.
5. EnerGov
will
consider
implementing
functionality
that
does
not
exist
currently
but
may
be
incorporated
into
a
future
release
should
Tyler's
development
team
decide
to
do
so.
a. GeoRules
that
act
upon
Object
Records;
b. relationships
between
Object
Records
and
Code
Enforcement;
and
c. the
ability
to
copy
Parcels
and
Addresses
from
an
Object
Record
to
the
Permit
or
Plan
Case
it
is
associated
to.
III. Impact
Fee
Management
(New
Configuration)
The
Impact
Module
will
not
be
used.
IV. Credit
Management
(Reconfiguration)
A. Organization.
1. Administrative
and
Impact
Fee
Credits
are
applied
to
the
appropriate
Permit
Case
or
Plan
Case
that
concerns
them.
2. Credits
are
maintained
at
the
property
level,
and
both
originate
and
are
applied
at
the
case
level.
3. Conditions
at
the
property
level—whether
Parcel,
Structure
Object,
or
Suite
Object—are
used
to
track
Credits
originating
in
planning
agreements.
B. Management.
1. Credits
will
be
memorialized
in
Additional
Info
on
Parcels,
Structure
Objects,
and
Suite
Objects.
2. Additional
Info
fields
on
the
case
will
show
the
number
of
units
that
may
be
credited.
EnerGov
does
not
enforce
the
fee
amount;
fee
inputs
will
be
entered
manually
or
automated
through
Intelligent
Objects
or
custom
programming
the
City
may
choose
to
implement
independently.
3. Credits
will
appear
as
a
negative
fee
on
the
Fee
tab.
C. Enforcement.
1. A
Hold
is
automatically
placed
on
any
Parcel
that
contains
Available
Credits.
A
Hold
is
automatically
released
when
Available
Credit
is
expended,
and
managed
by
Intelligent
Objects
that
trigger
when
a
record
is
saved.
2. A
Hold
will
be
manually
added
on
any
Parcel
that
is
associated
with
Structure
Objects
or
Suite
Objects
that
contain
Available
Credits.
Holds
do
not
currently
exist
on
Objects.
The
City
may
choose
to
independently
create
a
stored
procedure
to
automate
the
management
of
Parcel
Holds
based
on
conditions
involving
Objects.
3. The
addition
and
release
of
Holds
at
the
property
level
should
be
managed
through
the
use
of
Intelligent
Objects
(or
stored
procedures
as
noted
above.)
V. Object
Management
(Reconfiguration)
C6 - 20
6
A. Organization.
1. Residential
Rental
Units
will
be
tracked
as
Suite
Objects
attached
to
Permit
Cases.
2. Businesses
that
manage
Residential
Rental
Permit
Cases
will
be
associated
as
a
“Landlord”
Contact
Type.
3. Companies
doing
business
within
the
City
will
be
tracked—but
not
managed—as
Permit
Cases.
4. Structure
Objects
and
Suite
Objects
occupied
by
a
Company
will
be
associated
with
a
corresponding
Business
Permit
Case.
5. Conditions
for
occupying
a
Structure
Object,
Suite
Object,
or
Parcel
will
be
maintained
on
the
corresponding
Parcel.
6. Conditions
on
the
type
of
use
allowed
will
be
maintained
on
the
Parcels
and
may
be
configured
to
carry
down
to
new
Permit
and
Plan
Cases.
7. Conditions
do
not
currently
exist
on
Structure
Objects
or
Suite
Objects.
EnerGov
will
consider
implementing
the
ability
to
do
so
into
a
future
release
should
Tyler's
development
team
decide
to
do
so.
B. Inspections.
1. Annual
Rental
Property
Inspections
will
be
managed
through
Inspection
Cases
on
Residential
Rental
Permit
Cases
that
may
be
associated
with
Structure
Objects
or
Suite
Objects.
2. Annual
and
Biennial
Business
Occupancy
Inspections
will
be
managed
through
Inspection
Cases
on
Business
Occupancy
Permit
Cases
that
have
been
associated
with
Structure
Objects
or
Suite
Objects.
VI. Modules
not
included
in
the
Reconfiguration
effort
A. Projects
B. Code
Enforcement
C. Request
Management
D. Role
Setup
VII. Modules
to
be
removed
from
user
access
A. Business
Management
C6 - 21
7
Project
Phases
&
Estimated
Tyler
Resource
Hours:
Assess
&
Define
60
• New
Configuration
10
• Reconfiguration
50
Configuration
300
Software
Modifications
220
• New
Configuration
40
• Reconfiguration
180
Data
Services
60
• Reconfiguration
60
Report
Modifications
20
• Reconfiguration
20
User
Acceptance
Testing
80
• New
Configuration
20
• Reconfiguration
60
Training
(Train
the
Trainer)
80
• New
Configuration
20
• Reconfiguration
60
Go-‐Live
Support
(no
charge)
80
Total
Estimated
Resource
Hours
600
Total
Estimated
New
Configuration
Effort
90
$13,410
Total
Estimated
Reconfiguration
Effort
430
$64,070
Total
Go-‐Live
Support
Effort
80
per
contract
agreement
**
Resource
Rate
of
$149/hour
**
$77,480
Tyler
commits
to
provide
a
Resource
Rate
credit
of
up
to
$77,480.00
-‐$77,480
SLO
Responsibility
Go
live
costs
per
Master
Customer
Agreement
DEFINED
DELIVERABLES
/
WORK
DESCRIPTION
(Project
Roadmap)
Assess
&
Define
The
Assess
and
Define
stage
involves
comprehensive
business
process
assessment
and
analysis,
change
management
assessment
and
systems
assessment
and
analysis.
C6 - 22
8
In
conjunction
with
the
Customer
representatives,
Tyler
shall
perform
the
following
tasks:
• Review
each
business
process
as
a
basis
for
configuration
of
the
system
configuration
/
workflow
engine.
• Refine
and
firm
the
project
plan
(in
cooperation
with
the
Customer
Project
Manager).
• Review
and
document
intake
requirements,
forms,
and
data
fields
for
each
business
stream/
process
type.
• Collect
and
document
fees,
fee
schedules,
and
collection
procedures
for
each
business
stream/
process
type.
• Collect
and
document
all
required
inspections
and
inspection
result
options
for
each
business
stream/
process
type.
• Determine
data
import
strategy
with
Tyler’s
Data
Services
team.
• Review
and
adjust
project
scope
(amend
SOW/Contract)
based
on
additional
findings,
if
necessary.
Collect
data
files
(and
any
available
data
diagrams)
needed
for
data
importation;
create/analyze
data
mapping
to
support
business
goals.
Tyler
Responsibilities:
• Provide
prompt
response
to
Customer's
request
for
information.
• Process
workflow
translation
-‐
EnerGov
functional
and
system
configuration
requirements.
• Create
a
new
SharePoint
list
for
new
UAT
items.
(Close
out
previous
list.)
Customer
Responsibilities:
• Provide
prompt
responses
to
Tyler’s
request
for
information.
• Make
available
the
appropriate
Customer
key
users
(previously
defined)
and
content
experts
to
participate
in
the
business
process
analysis.
• Make
available
the
appropriate
files,
data
and
documentation
required
to
analyze
system
integrations
and
data
conversion.
• Where
available,
Customer
shall
provide
the
relevant,
documented
business
processes.
Where
not
available,
Customer
will
work
with
Tyler
to
comprehend
the
business
processes.
These
business
processes
will
be
process
mapped
and
used
by
Customer
as
the
basis
for
the
UAT.
Acceptance
Criteria:
§ Review
and
acceptance
of
the
updated
project
plan.
Review
and
accept
any
final
system
development
services
assessments
that
were
previously
considered
pre-‐analysis
estimates.
C6 - 23
9
Configure
&
Review
The
configure
and
review
stage
of
the
EnerGov
implementation
consists
of
configuring
the
EnerGov
system
around
the
requirements
collected
and
established
during
the
assess
and
define
stage.
Data
conversion,
creation
or
configuration
of
interfaces,
scripting
of
EnerGov's
IO
engine,
and
custom
report
development
are
also
an
integral
part
of
the
system
configuration
phase.
In
conjunction
with
the
Customer
representatives,
Tyler
shall
perform
the
following
tasks:
• Configure
the
EnerGov
.NET
Land
Mgmt
suite
around
the
requirements
collected
and
established
during
the
Assess
and
Define
phase.
• Develop
no
new
custom
reports.
(Additional
reports
may
be
purchased
on
an
hourly
basis.)
• Modify
any
of
the
previously
purchased
custom
reports.
• Perform
system
reviews
for
configuration
validation.
• Convert
the
FoxPro
legacy
data
into
the
Customer's
EnerGov
database
Tyler
Responsibilities:
• Provide
prompt
response
to
Customer's
request
for
information.
• Work
with
the
Customer
to
accurately
configure
EnerGov
.NET
Land
Mgmt
according
to
the
requirements
collected
and
established
during
the
Assess
and
Define
phase.
• Develop
data
mapping
utilities
that
will
properly
convert
data
into
the
EnerGov
database.
• If
additional
data
mapping
events
are
introduced
from
changes
in
original
scope,
a
change
order
may
need
to
be
processed
to
complete
further
data
mapping
activities.
Customer
Responsibilities:
• Provide
prompt
responses
to
Tyler’s
request
for
information.
• Make
available
the
appropriate
Customer
key
users
(previously
defined)
and
content
experts
to
participate
in
configuration
assessment
sessions
and
final
reviews.
• Work
with
Tyler
to
accurately
configure
EnerGov
.NET
Land
Mgmt
according
to
the
requirements
collected
and
established
during
the
Assess
and
Define
phase
• Provide
information
and
data
in
the
formats
specified
by
EnerGov
(SQL
Server
2000
or
Higher,
Access
97
or
Higher,
and
pipe
/comma
delimited
format)
• Make
available
the
key
users
for
data
mapping
from
the
current
systems
to
EnerGov.
• Data
scrubbing
if
required
• Allocate
the
time
for
qualified
business
and
technical
experts
for
the
data-‐mapping
sessions
that
are
critical
to
the
project
success
• Update
the
EnerGov
fee
setups
to
reflect
the
current
fee
schedule
in
use
by
the
city.
• Sign
off
on
configuration
items.
The
list
below
will
serve
as
a
foundation
to
these
sign-‐offs
and
may
items
more
be
added
as
needed.
o Districts
o Zones
o Address
Types
o Address
Drop-‐downs
–
Street
types,
Pre
&
Post
Directions
o Task
Types
&
Default
Users
o Fee
Setup
Report
C6 - 24
10
o Type/Class
combinations
o Payment
Methods
o GL
accounts
o Conditions
o Holds???
o Holidays
&
Business
week/hours
o Attachment
groups
and
associated
modules
o Users:
Role
/
GIS
Map
/
Departments
/
Inspector
Types
o Roles
&
Associated
Users
o Inspector
type/inspection
type
o Hearing/Meeting
Types
o Contact
Account
Types
o Bond
Types
o Task
Types
o Module
specific
Record
Type
Statuses
o Fee
Deletion
and
Adjustment
reasons
o Billable
Rates
&
Time
Types
o Fee
Schedule
o Code/Code
category
o Violation
Status
o Violation
Priority
o Certification
Types
&
Classifications
o Inspection
Types
&
Checklists
o Valuation
Calculator
o Renewal
Case
Types
o Permit
Dimension
Categories
o Plan
Correction
Library
o Plan
Type/Submittal
Type
o Submittal
Type/Item
review
Type
o Request
Priority
&
Source
o Custom
Reports
List
o Contact
Types
Acceptance
Criteria:
§ Review
and
acceptance
of
EnerGov
.NET
Land
Mgmt
suite
setup
and
configuration
-‐
validate
that
the
content
accurately
reflects
the
desired
business
process
collected
and
defined
within
the
project
definition
document,
to
the
extent
possible
prior
to
Administrator
Training
&
Verification.
§ Review
and
acceptance
of
the
data
conversion
delineated
above-‐
validate
that
the
content
accurately
reflects
the
desired
business
process
collected
and
defined
within
the
project
definition
documentation,
to
the
extent
possible
prior
to
Administrator
Training
&
Verification.
§ Review
and
acceptance
of
the
modified
custom
reports.
*
Administrator
Training
&
Verification
will
not
be
scheduled
until
all
sign-‐offs
have
been
completed.
C6 - 25
11
Administrator
Training
&
Verification
(UAT)
This
phase
of
the
EnerGov
project
is
a
necessary
component
as
it
relates
to
administrative
knowledge
transfer
and
in
the
validation
of
the
system
configuration
/
due
diligence
of
systems
readiness
to
production
migration.
This
phase
also
helps
ensure
the
key
individuals
are
trained
and
the
Customer
has
the
capabilities
of
best
reacting
to
ongoing
and
future
changes
in
business
process
/
configuration
requirements
(post
production).
In
conjunction
with
the
Customer
representatives,
Tyler
shall
perform
the
following
tasks:
• System
overview
training
for
administrators
/
agency
testers
• Testing
and
system
validation
for
promotion
to
production
Tyler
Responsibilities:
• Provide
prompt
response
to
Customer’s
request
for
information
• Provide
5
(five)
man
days
of
onsite
administrator
training
&
acceptance
assistance.
• Coordinate
with
Customer
to
define
training
logistics
and
schedule.
• Provide
recommendations
on
testing
strategy,
scenarios
and
best
acceptance
practices
• Assist
the
City
in
the
User
Acceptance
testing
(UAT)
effort
and
the
validation
of
the
system
configuration
readiness
to
be
migrated
to
production
for
active
use.
• Resolve
issues,
problems,
or
concerns
as
a
result
of
User
Acceptance
Testing
activities.
Customer
Responsibilities:
• Provide
prompt
responses
to
Tyler’s
request
for
information.
• Select
and
prepare
system
admin/power
users
that
will
be
participating
in
training.
• Ensure
personnel
critical
to
the
success
of
the
project
(subject
matter
experts
/
key
power
users,
etc.)
are
present
and
available
to
participate
in
admin
training
and
testing.
• Dedicate
sufficient
testing
participation
time
to
complete
UAT.
The
Customer
acknowledges
that
the
time
commitment
may
exceed
40
hours
per
individual
involved
in
the
testing
portion
of
this
project.
Tyler
also
reserves
the
right
to
assign
project
personnel
to
additional
duties
until
the
Customer
has
fulfilled
testing
responsibilities.
• Use
testing
scenarios
as
the
basis
for
the
system
acceptance.
• Provide
facilities
suitable
to
training
and
testing
needs.
• Complete
reviews
for
all
business
processes;
post
issues
to
SharePoint;
upload
test
result
forms
for
all
business
processes
to
SharePoint
Acceptance
Criteria:
• Technical
training
shall
be
complete
when
training
session
man
days
are
fully
utilized.
• All
business
process
forms
have
been
posted
to
SharePoint.
• Tested
system
accepted
and
ready
for
production
environment
/
end
user
training.
*
End
User
Training
will
not
be
scheduled
until
all
UAT
sign-‐offs
have
been
completed.
C6 - 26
12
End
User
Training
(Train
the
Trainer)
With
an
application
as
dynamic
and
configurable
as
EnerGov.NET,
it
is
imperative
that
an
equally
configurable
and
dynamic
training
program
be
provided
that
is
tailored
to
each
Customer’s
unique
business
processes,
workflows
and
terminology.
As
such,
Tyler
offers
adaptable
training
solutions
to
meet
the
needs
of
each
client.
Tyler
will
provide
a
modified
“Train
the
Trainer”
approach
of
specified
Customer
staff
(end
users,
power
users,
administrators,
etc.)
not
to
exceed
10
members.
Training
for
this
project
will
be
conducted
on-‐site
by
Tyler
Implementation
team
and
will
consist
of
a
combination
of
One-‐on-‐One
training
&
Classroom
training.
Tyler’s
Project
Consultant
will
coordinate
the
training
plan
with
related
sessions
in
conjunction
with
the
Customer’s
Project
Manager.
The
objective
of
the
Train
the
Trainer
approach
will
be
as
follows:
• Familiarize
the
trainers
with
the
EnerGov
application
and
functionality
• Present
best
practices
for
teaching/training
challenging
topics
or
features
• Provide
the
necessary
documentation
to
be
used
for
end-‐user
training.
In
conjunction
with
the
Customer
representatives,
EnerGov
shall
perform
the
following
tasks:
• Train-‐the-‐Trainer
Training
Sessions
Tyler
Responsibilities:
• Provide
5
(five)
man
days
of
End
User
/
Power
User
Training
• Provide
prompt
response
to
Customer’s
request
for
information
• Coordinate
with
Customer
to
define
training
logistics
and
schedule
Customer
Responsibilities:
• Provide
prompt
responses
to
Tyler’s
request
for
information.
• Ensure
personnel
critical
to
the
success
of
the
project
(subject
matter
experts
/
key
power
users,
etc.)
are
present
and
available
to
participate
in
admin
training
and
testing.
• Use
testing
scenarios
as
the
basis
for
the
end
user
system
training.
• Provide
facilities
suitable
to
training
needs.
Acceptance
Criteria:
• Technical
training
shall
be
complete
when
training
sessions
are
fully
utilized.
*
Tyler
reserves
the
right
to
invoice
the
Customer
for
all
training
services
on
a
weekly
basis
post
onsite
training
services
rendered.
*
Go-‐Live
(Production)
will
not
commence
until
all
Training
phase
sign-‐offs
have
been
completed.
C6 - 27
13
Production
/
Post
Production
Support
This
phase
of
the
EnerGov
project
is
comprised
of
onsite
Go-‐Live
and
post
production
support
and
consultative
advice
immediately
following
the
Go-‐Live
of
the
EnerGov
software.
This
is
also
a
transition
period
in
which
Tyler
will
transfer
from
the
project
team
to
the
EnerGov
account
services
(assigned
account
manager)
realm.
In
conjunction
with
the
Customer
representatives,
EnerGov
shall
perform
the
following
tasks:
• Comprehensive
Onsite
Go-‐Live
and
Post
Production
Support
• Final
Data
Conversion
Cutover
• Transition
from
EnerGov
project
team
to
EnerGov
Account
Management
Tyler
Responsibilities:
• Provide
10
(ten)
man
days
of
Go-‐Live
Support
• Provide
prompt
response
to
Customer’s
request
for
information.
• Coordinate
with
Customer
to
define
support
logistics
and
schedule
• Provide
on-‐site
resources
to
support
the
move
to
Production
effort
• Provide
final
data
conversion
and
systems
validation
• Assist
with
issues
that
may
arise
related
to
the
deliverables
in
the
SOW
and
this
contract
amendment.
Customer
Responsibilities:
• Provide
prompt
responses
to
Tyler’s
request
for
information.
• Provide
technical
and
functional
user
support.
• Develop
and
maintain
a
post-‐production
issues
list
• Ensure
personnel
critical
to
the
success
of
the
project
(subject
matter
experts
/
key
power
users,
etc.)
are
present
and
available
to
participate
in
the
go-‐live.
Acceptance
Criteria:
• System
Go-‐Live
shall
be
completed
when
the
software
is
moved
into
the
live
environment.
• Production
support
shall
be
complete
when
onsite
days
are
exhausted.
• Official
transition
from
Tyler
project
team
to
Tyler
Account
Management
performed.
*
Tyler
reserves
the
right
to
invoice
the
Customer
for
all
training
services
on
a
weekly
basis
post
onsite
production
and
post-‐
production
support
services
rendered.
C6 - 28
14
ACCEPTANCE
Project
phases
are
dependent
on
completion
of
the
previous
phase
and
will
not
be
started
without
a
completed
sign-‐off
for
all
previous
phases
of
the
project.
A
conditional
sign-‐off
by
Customer
will
be
required
at
the
conclusion
of
each
project
phase
(Assess/Define,
Configure/Review,
UAT,
Training,
Go-‐Live).
The
sign
off
at
the
conclusion
of
each
project
phase
shall
be
conditioned
on
the
Go-‐Live
phase
being
acceptable
to
the
Customer.
The
services
contracted
for
in
this
SOW
will
be
considered
accepted
when
all
deliverables
defined
in
the
Deliverables
/Work
Description
section
have
been
unconditionally
accepted
by
Customer
STATEMENT
OF
WORK
SIGNATURE
Customer
acknowledges
that
it
has
read
this
SOW,
understands
it
and
agrees
to
be
bound
by
its
terms
and
conditions.
The
parties
agree
that
this
Agreement
cannot
be
altered,
amended
or
modified,
except
in
writing
that
is
signed
by
an
authorized
representative
of
both
parties.
ACCEPTED
BY:
ACCEPTED
BY:
Tyler
Technologies
Name:
Name:
Signature:
Signature:
Title:
Title:
Date:
Date:
C6 - 29
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C6 - 30