HomeMy WebLinkAbout2016 Resolution No. 033•
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RESOLUTIONNO . .a.1_
SERIES OF 2016
A RESOLUTION AW ARD ING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF E-
TICKETING EQUIPMENT AND SOFTWARE.
WHEREAS, Section 116(b) of the Englewood Home Rule Charter and Section 4-1-3-1 of the
Englewood Municipal Code 2000, allow-contracts for public works or improvements to be
negotiated, provided that contracts for which no competitive bids have been requested to be
approved by resolution declaring the reason for the exception to the competitive bidding
requirement; and
WHEREAS, the Colorado Department of Transportation (COOT) 405C Traffic Records
Program recently approved our application to purchase an E-Ticketing system that will be used
by Patrol, Traffic and Parking Control; and
WHEREAS, the system will help improve the completeness, accuracy and uniformity of
citations written by Englewood Police officers; reduce the need for manual entry into the Records
Management System (RMS); and will eliminate the need for citations to be hand-delivered to
Municipal Court when using this system; and
WHEREAS, Tyler Technologies is considered the leader in E-Ticketing and are currently
working with other Colorado Police Departments; and
WHEREAS, Tyler is compatible with the current Records Management System and is a
partnered vendor with Logistic Systems (LogiSYS); and
WHEREAS, Tyler already has an interface with Judicial Enforcement Management System
(JEMS) which is used by the Englewood Municipal Court; the compatibility with our current
system will be far less expensive than starting anew with a different vendor; and
WHEREAS, the quote from Tyler for equipment and software is $49,360.00; and the total
amount of the COOT Grant is $94,356.25 of which COOT will pay 75% of the costs=
$75,485.00 and the City is required to provide a 25% match= $18,871.25; which will consist of
personnel salaries during the implementation of the system, to include training, testing and initial
use;and
WHEREAS, the City will be responsible for paying Tyler and will then request reimbursement
fromCDOT.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Englewood City Council hereby authorizes the contract with Tyler
Technologies, in lieu of the competitive bid process as allowed by Section 116(b) of the
Englewood Home Rule Charter in the amount of$ 49,360, attached hereto as Exhibit A.
Section 2. The Chief of Police of the City of Englewood is hereby authorized to sign said
• Tyler Technologies Agreement for and on behalf of the City of Englewood.
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ADOPTED AND APPROVED this 19th day of January, 2016.
I, Loucrishia A. Ellis, City Clerk for .tJrnCity of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . !22--, Series of 2016. -~-rf G
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Contract No . 2015-0336
LICENSE AND SERVICES AGREEMENT
This License and Services Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the
Investment Summary and Tyler desires to perform such actions under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this
Agreement, Tyler and Client agree as follows :
SECTION A-DEFINITIONS
• "Agreement'' means this License and Services Agreement.
• "Business Travel Policy'' means our business travel policy. A copy of our current Business Travel Policy
is attached as Schedule 1 to Exhibit B.
• "Client" means City of Englewood.
• "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions
set forth in our written proposal to you, or their functional equivalent. Future functionality may be
updated, modified, or otherwise enhanced through our maintenance and support services , and the
governing functional descriptions for such future functionality will be set forth in our then-current
Documentation.
• "Developer'' means a third party who owns the intellectual property rights to Third Party Software.
• "Documentation" means any on line or written documentation related to the use or functionality of
the Tyler Software that we provide or otherwise make available to you, including instructions, user
guides, manuals and other training or self-help documentation.
• "Effective Date" means the date on which your authorized representative signs the Agreement .
• "Force Majeure" means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause
that could not with reasonable diligence be foreseen or prevented by you or us .
• "Hosting Services" means the hosting services we will provide for the Tyler Software as set forth in the
Investment Summary, for the fees set forth therein.
• "Investment Summary'' means the agreed upon cost proposal for the software, products, and
services attached as Exhibit A.
• "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
• "Maintenance and Support Agreement'' means the terms and conditions governing the provision of
maintenance and support services to all of our customers . A copy of our current Maintenance and
Support Agreement is attached as Exhibit C.
• "SLA" means the service level agreement. A copy of our current SLA is attached hereto as Schedule 1
to Exhibit C.
• "Support Call Process" means the support call process applicable to all of our customers who have
licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 2 to
Exhibit C.
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• ''Third Party End User License Agreement(s)" means the end user license agreement(s), if any, for the •
Third Party Software attached as Exhibit E. 0;,,;· :
• ''Third Party Hardware" means the third pa -rty hardware, if any, identified in the Investment Summary.
• "Third Party Products" means the Third Party Software, Third Party Hardware, and Third Party
Services.
• "Third Party Services''"'meani;" the services 'provided by"third parties, if any, identified in the Investment
Summary.
• ''Third Party Software" means the third party software, if any, identified in the Investment Summary.
• "Tyler'' meai:is Tyler Technologies, Inc., a Delaware corporation.
• ''Tyler Software" m~ans ou~ proprieta~ s~ft;_.,,are ~nd related i~terfaces identified in the Investment
Summary and licensed to you through this Agreement.
• "we", "us", "our'' and similar terms mean Tyler.
• "you" and similar terms mean Client.
SECTION B -HARDWARE AND SOFTWARE
1. License Grant and Restrictions.
1.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the
scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies
of the Tyler Software for backup and testing purposes, so long as such copies are not used in
production and the testing is for internal use only. Your: rights to use the Tyler Software are perpetual
but may be revoked if you do not comply with the terms of this Agreement.
1.2 The Documentation is licensed to you and may be used and copied by your employees for internal,
non-commercial reference purposes only.
1.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile,
or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with
the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third
parties.
1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or
make available to you through your Maintenance and Support Agreement.
1.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license.
You will give us advance written notice of any such transfer and will pay us for any required or
requested technical assistance associated with such transfer.
1.6 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and
Documentation are protected by copyright and other intellectual property laws and treaties. We own
the title, copyright, and other intellectual property rights in the Tyler Software and the
Documentation. The Tyler Software is licensed, not sold.
2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary.
Those amounts are payable in accordance with our Invoicing and Payment Policy.
Copyright 2015 Tyler Technologies, Inc.
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3. · Escrow. We maintain an escrow agreement with a third party under which we place the source code for
each -major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by
complet i ng a.standard beneficiary enrollment form and paying the annual beneficiary fee (currently $750)
directly tq the escrow agent. You will be responsible for maintaining your ongoing status as a beneficiary,
including payment of the then-current annual beneficiary fees. Release of source code for the Tyler
Software is strictly governed by the terms of the escrow agreement.
4. Limited yvarranty. ":Je warrant that the Tyler Software will be without Defect(s) as long as you have a
Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we
will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the
Maintenance and Support Agreement. ·
5. Hardware. We agree to sell to you the hardware (which may include Third Party Hardware) identified in
the Investment Summary.
SECTION C -PROFESSIONAL SERVICES
1. Services. We will provide you the services, if any, itemized in the Investment Summary. You will receive
those services according to our industry-standard implementation plan, which outlines roles and
responsibilities in calendar and project documentation. We will finalize that documentation with you upon
execution of this Agreement. · ·
2. Professional Services Fees. You agree to pay us the -professionarservii:es f~effri the· amounts set forth in
the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment
Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the
amount of time and materials required for the requested services. We will bill you the ·actual fees incurred
based on the in-scope services provided to you .
3. Additional Services. The Investment Summary contains the scope of services an·d relat~d cosfs (including
programming and/or interface estimates) required for the project based on our understanding of the
specifications you supplied. If additional work is required, or ifyou use or requestadditional services, we
will provide you with an addendum or change order, as applicable, outlining the costs for the additional
work. The price quotes in the addendum or change order will be valid for t~ir:ty (30) days from the date of
the quote. ·
4. Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging
travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you ·cancel services
less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all
(a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled
professional services if we are unable to reassign our personnel. We will make all reasonable efforts to
reassign personnel in the event you cancel within two (2) weeks of scheduled commitments ;
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with
industry standards. In the event we provide services that do not conform to this warranty, we will re-
perform such services at no additional cost to you .
· Copyright 2015 Tyler Technologies , Inc.
All Rights Reserved 3
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your •
personnel, facilities, and equipment as may be reasonably necessary for us to provide our services, subject
to any reasonable security protocols or other written policies provided to us.
7. Client Assistance. You acknowledge that the provision of services for the Tyler Software is a cooperative
process that may require the time and resources of your personnel . You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required. This cooperation includes at least working
. with us to schedule the services outlined in this Agreement. We will not be liable for failure to meet any
deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to
provide such cooperation and assistance (either through action or omission).
SECTION D -MAINTENANCE AND SUPPORT
1. This Agreement includes the period of free maintenance and support services identified in the Invoicing
and Payment Policy. If you have purchased ongoing maintenance and support services, and continue to
make timely payments for them according to our Invoicing and Payment Policy, we will provide you with
maintenance and support services for the Tyler Software under the terms of our standard Maintenance
and Support Agreement.
2. If you have opted not to purchase ongoing maintenance and support services or fail to make timely
payment under this Agreement, the Maintenance and Support Agreement does not apply to you. Instead,
you will only receive ongoing maintenance and support on the Tyler Software Products on a time and
materials basis. In addition, you will: .-· · ·
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receive the lowest priority under our Support Call Process;
be required to purchase new releases of the Tyler Software Products, including fixes,
enhancements and .patches;
be charged our then-current rates for .support services, or such other rates that we may
c·onsider necessary to account for your lack of on'going training on the Tyler Software Products;
be charged for a minimum of two (2) hours of support services for every support call; and
·not be granted access to the support website for the Tyler Software Products or the Tyler
Community Forum;
SECTION E-THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware,_ if you have
purchased any, for the price set forth in the Investment Summary, Those amol!nt~ are payable in
accordance with our Invoicing and Payment Policy. · • .,__ -
2. Third Party Software. Upon payment in full of the Third Party Software license fees, you will receive a non-
transferable license to use the Third Party Software and related documentation for internal business
purposes only. Your license rights to the Third Party Software will be governed by the Third Party End User
License Agreement(s).
2.1 We will install onsite the Third Party Software ; The installation cost is included in the installation fee in
the Investment Summary.
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2.2 If the Developer charges a fee for future updates, releases; or other enhancements to the Third Party
Software, you will be required to pay such additional future .fee.
2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the
Developer. You will give us advance written notice of any such transfer and will pay us for any
required -or requested technical assistance associated with such transfer.
3. Third Party Products Warranties.
3.1 W_e ~'~e authorized by each Developer to grant or transfer the licenses to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and
--· 'dear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or
guarantee the performance of the Third Party Products. However, we grant and pass through to you
any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and
other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or
issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution
with the Developer, unless that Developer requires that you have a separate, direct maintenance
agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support
Agreement in effect ~ith Tyler, you will be responsible for resolving defects and other issues related to the
Third Party Software directly with the Developer .
SECTION F -HOSTING SERVICES
1. We will either host or engage Third Party Services in· order to host the Tyler-Software set forth in the
Investment Summary for the fees set forth therein .. You agree to pay those fees according to the Invoicing
and Payment Policy. In exchange for those fees, we agree to provide the Hosting Services according to the
terms and conditions set forth in this Section F, and the other applicable terms of this Agreement. If you
fail to pay those fees, after advance written notice to you, we reserve the right to suspend delivery of our
applicable Hosting Services.
2. We will utilize hosting services through a Third Party Services provider, Rackspace, in accordance with the
terms set forth in the Investment Summary. The fees contained in the Investment Summary are subject to
annual increases. You acknowledge and agree that; in our sole discretion, we may migrate the Hosting
Services to a replacement system (including our own) and will undertake reasonable efforts to complete
such transfer during maintenance windows as set forth in the SLA. We will undertake reasonable efforts to
provide you with advance written notice of any such transfer. You -agree to provide all reasonable
assistance and access in connection with any such transfer. In the event the Tyler Software is transferred
to our data center and we provide hosting services directly to you, the terms of the SLA will also apply.
3. Where applicable, we will perform or cause to have performed upgrades of the applications, hardware,
and operat\ng systems that support your Hosting Services. These upgrades are performed in commercially
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 5
reasonable timeframes and in coordination with third-party releases and certifications. We will make
available information on industry-standard minimum requirements and supported browsers for accessing
the Hosting Services.
SECTION G -INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the fees for the license(s), products, and services in the
Investment Summary per our Invoicing and Payment Policy, subject to Section G{2).
2. Invoice Disputes. If you believe any delivered product or service does not conform to the warranties in this
Agreement, you will provide us with written notice within fifteen (15) days of your receipt of the applicable
invoice . The written notice must contain sufficient detail of the issues you contend are in dispute. We will
provide a written response to you that will include either a justification of the invoice, an adjustment to
the invoice, or a proposal addressing the issues presented in your notice. We will work together as may be
necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any
issues presented in your notice. You may only withhold payment of the amount(s) actually in dispute until
we complete the action items outlined in the plan. If we are unable to complete the action items outlined
in the action plan because of your failure to complete the items agreed to be done by you, then you will
remit full payment of the invoice. We reserve the right to suspend delivery of all services, including
maintenance i;lnd support services, if you fail to pay an invoice not disputed as described above.
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SECTION H -TE.RMI NATION
1. Term. The initial term of this Agreement is one (1) year. Thereafter, the term will renew automatically for
additional one (1) year terms, at our then-current rates, unless terminated by either party at least thirty
{30) days in advance of the upcoming renewal date.
2. For Cause. You may terminate this Agreement for cause in the event we don't cure, or create a mutually
agreeable action plari -tcf address, a material breach of this Agreement within forty-five (45) days of
receiving a written notice of the alleged breach. You agree to comply with Section J{3), Dispute Resolution,
prior to termination. In the event of termination for cause, you will pay us for all undisputed fees and
expenses related to the software, products, and/or services you have received, or we have incurred or
delivered, prior to the effective date of termination.
3. Lack of Appropriations. If you should not appropriate or otherwise make available-funds sufficient to
purchase, lease, operate, or maintain the products or services set forth in this Agreement, you may
unilaterally terminate this Agreement upon thirty (30) days written notice to us. In the event of
termination due to a lack of appropriations, you will pay us for all undisputed fees and expenses related to
the software, products, and/or services you have received, or we have incurred or delivered, prior to the
effective date of termination. You will not be entitled to a refund or offset of previously paid license and
other fees. You will not use a termination for lack of appropriations as a substitute for termination for
convenience.
The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado
Constitution ("TABOR"). The parties do not intend to violate the terms and requirements ofTABOR by the
Copyright 2015 Tyler Technologies, Inc.
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execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-
fiscal year direct or indirect debt or obligation within the meaning ofTABOR and; notwithstanding anything
in this Agreement to the contrary, all payment obligations of the City are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period
ending upon the next succeeding December 31. Financial obligations of the City payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon
the failure to appropriate such funds, this Agreement shall be deemed terminated. '
4. Force Majeure. Either party has the right to terminate this Agreement if a _Force Majeure event suspends
performance of scheduled tasks for a period of forty-five (45) days or more. In the event of termination
due to Force Majeure, you will pay us for all undisputed fees and expenses related to the software,
products, and/or services you have received, or we have incurred or delivered, prior to the effective date
of termination . You will not be entitled to a refund or offset of previously paid license and other fees.
SECTION I -INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software infringes that third party's
patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any
resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in
writing of the claim and give us sole control over its defense or settlement. You agree to provide us
with reasonable assistance, cooperation, and information in defending the claim at our expense .
1.2 Our obligations under this Section 1(1) will not apply to the extent the claim or adverse final judgment
is based on your~ (a) use of a previous version of the Tyler Software and the claim would have been
avoided had you installed and used the current version of the Tyler Software; (b) combining the Tyler
Software with any product or device not provided, contemplated, or approved by us; (c) altering or
modifying the Tyler Software, including any modification by third parties at your direction or otherwise
permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non-
licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify
you to discontinue use due to such a claim.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler
Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right
to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent,
in which case you will stop running the aU-egedly infringing Tyler Software immediately.
1.4 If, as a result of an infringement or misappropriation claim, your use of the Tyler Software is enjoined
by a court of competent Jurisdiction, in addition to paying any adverse final judgment (or settlement to
which we consent); we will; at our option, either: (a) procure the right to continue its use; (b) modify it
to make it non-infringing; (c) replace it with a functional equivalent; or (d) terminate your license and
refund the license fees paid for the infringing Tyler Software. This section provides your exclusive
remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation
claims .
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 7
2. Property Damage and Personal Injury Indemnification;
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2.1 We will indemnify and hold harmless you c1nd your agents, officials, and employees from and against
any and all direct claims, losses, liabilities, damages, costs, and expenses (including reasonable
attorney's fees and costs) for personal injury or property damage to the extent caused by our
negligence or willful misconduct..
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED -IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES
AND _CONDITlf)NS, WHETHER EXPRESS, IMPUED, OR STATUTORY, INCl,UDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR
LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF
CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO THE LESSER
OF (A) YOUR ACTUAL DIRECT DAMAGES OR (B) THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT.
THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY.
THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO
SECTIONS 1(1) AND 1(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL WE . BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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6. Insurance. During the course of performing services under this Agreement, we agree to maintain the •
following levels of insurance: (a) Commercial General Liability of at least $1,000;000; (b) Automobile
Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; and (d) Workers
Compensation complying with applicable statutory requirements. We will add you as an additional insured
and provide you with copies of certificates of insurance upon written request.
SECTION J -GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth
in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then-
current list price, by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum. ,
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be
valid for twelve (12) months from the Effective Date.
3 . Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware
of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if
requested by either party, appointing a senior representative to meet and engage in good faith
negotiations with our appointed senior representative. Senior representatives will meet at your office
within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions ,
between senior representatives will be deemed confidential settlement discussions not subject to
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disclosure under Federal Rule of Evid_ence 408 or any similar applicable state rule. If we fail to resolve the
dispute, either of us may assert our respective rights and remedies in a court of competent jurisdiction.
Nothing in this section shaWprevent you or us from seeking necessary injunctive relief during the dispute
resolution procedures; '·
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales,
use, or excise tax. If you are a tax-exempt entity, you agree to provide _us with a tax-exempt certificate.
Otherwise, we will pay all applicable taxes to the proper authorities and you _will reimburse us for such
taxes. If you have a valid direct-pay permit,' you agree to provide u~ wit~ a co·py. For clarity, we are
responsible for paying.our income taxes, both fed~ral and state, as applicabli, ~ri~ing from our
performance of this Agreement. · · ·-' · ·· · · ' ··· · ·
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment
concerning the performance of our responsibilities under this Agreement. This discrimination prohibition
will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with
respect to any matter directly or indirectly relating to employment concer.ning race,.color, religion,
national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability
to perform the duties of a particular job or position, height, weight, marital status, or political affiliation.
We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable
law.
6. E-Verify. We ha~e complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written
consent, not to be unreasonably withheld.
8. No Assignment. Neither party may assign this Agreement withoutthe prior written consent of the other
party; provided, however, that your consent is not required in the event we have a change of control.
9. Force Majeure. Neither party will be liable for delays in performing its obligations under this Agreement to
the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business
days of the Force Majeure event, the party whose performance is delayed provides the other party with
written notice explaining the cause and extent thereof, as well as a request for a reasonable time
extension equaJ to the estimated duration of the Force . Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us.
No third party will be deemed a beneficiary of this Agreement, and no. third party will have the right to
make any claim or assert any right under this Agreement. This provision does not affect the rights of third
parties under any Third Party End User License Agreement(s) ..
11. Entire Agreement: Amendment. This Agreement represents the entire agreement between you and us
with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and
representations, whether written, oral, expressed, implied, or statutory. This Agreement may only be
modified by a written amendment signed by an authorized representative of each party ..
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All Rights Reserved 9
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
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13 . No Waiver, In the event that the terms and conditions of this Agreement are not strictly enforced by
either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this
Agreement, nor will such non~enforcement prevent such party from enforcing each and every term of this
. Agreement thereafter ..
14. Independent Contractor. We are · ari independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications requi-red or permitted as a part ofthis Agreement must be in
writing and will be deemed delivered upon the earlier of the following: {a) actual receipt by the receiving
party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the
receiving party; {c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5)
days after deposit with the United States Postal Service authorized mail center with proper postage
(certified mail, return receipt requested) affixed and addressed to the other party at the address set forth
on the signature page hereto or such other address as the party may have designated by proper notice.
The consequences for the failure to receive a notice due to-improper notification by the intended receiving
party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of such
•
information could violate rights to private individuals and entities, including the parties. Confidential •
information is nonpublic information that a reasonable person would believe to be confidential and
includes, without limitation, personal identifying information (e.g., social security numbers) and trade
secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential
information of the other party and further agrees to take all reasonable and appropriate action to prevent
such disclosure by its employees or agents . The confidentiality covenants contained herein will survive the
termination or cancellation of this Agreement. This obligation of confidentiality will not apply to
information that:
{a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this
Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar applicable
public disclosure laws governing this Agreement; provided, however, that in the event you receive
an open records or other similar applicable request, you will give us prompt notice and otherwise
perform the functions required by applicable law.
18, Business License. In the event a local business license is required for us to perform services hereunder,
you will promptly notify us and provide us with the necessary paperwork and/or contact information so
Copyright 2015 Tyler Technolog ies, Inc .
All Rights Reserved 10 •
•
•
that we may timely obtain such license.
1g: Client Authority. You represent and warrant that you enter into this Agreement with the approval of your
. _ governing ~_ody and in accordance with all applicable statutory requirements.
20. Governing Law._ This Agreement will be governed by and · c~nstrued in accordance with the la~s of the
· ·· State of Colorado~ without regard to its rules on conflicts 'of law.
_ 2L Multiple Originals and Signatures . This Agreement may be executed in multiple originals, any of which will
be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or
similarly reproduced signature on tl'lis Agreement or any amendment hereto will be deemed an original
signature and will be fully enforceable as if an original signature.
22. Contract Documents. This Agreement includes the following exhibits:
Investment Summary Exhibit A
Exhibit B
Exhibit C
Exhibit D
Invoicing and Payment Policy
Schedule 1: Bu~iness Travel Policy
Maintenance and Support Agreement
Schedule 1: Service Level Agreement
Schedule 2: Support Call Process
Statement of Work
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the
date(s) set forth below .
Tyler Technologies, Inc .
Local Government Division
By: _____________ _
Name: ______________ _
Title: ______________ _
Date: ______________ _
Address for Notices:
Tyler Technologies, Inc.
5519 53 rd Street
Lubbock, Texas 79414
Attention: Brett Cate
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 11
City of Englewood-
By: _____________ _
Name: ______________ _
Title: ______________ _
Date:. ______________ _
Address for Notices:
City of Englewood
3615 South Elati Street
Englewood, CO 80110
Attention : _____ _
•
•
•
Exhibit A
Investment Summary
• • -L •
The foll9wing Investment Summary details the software, products, and services to be delivered by Tyler
Technologies, Inc. to you under your license and Services Agreement. This Investment Summary is
effect,ive -as of the Effective Date. Capitalized terms not otherwise defin~d will have the meaning assigned
to such terms in your license and Services Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Copyright 2015 Tyler Technologies, Inc .
All Rights Reserved 12
Bill to: Ship to: Prepared by:
City of Englewood, CO
3615 S. Elati St.
Englewood, CO 80110
Quantity Mfg_PartNumber
10.00 LIC: REF License -PDA
1.00 INTERFACE: CMS -
CSDC/PCSS/JEMS
1.00 INTERFACE: RMS -
LogiSYS
1.00 Setup & Config
1.00 Training: Standard
1 .00 TASK: eParking
(Standard Parking)
10.00 MC67ND-PH0BAA00500
10.00 SSE-MC67XX-30
9 .00 MSR5500-100R
3 .00 CRD5501-401 EES
10.00 BTRY-MC55EAB02
3 .00 SAC5500-400CES
9 .00 ZQ52-AU E0000-00
2.00 LD-R4KN5B
Bill Williams City of Englewood, CO
3615 S . Elati St.
Englewood , CO80110
(979) 690-2811 x1506
bill.williams@tylertech .com
Sales
Product Description Price Total Price
LICENSE : Brazos Rapid Extension Framework (REF) $ 750 .00 $7,500.00
Software License -PDA (annual maintenance fees apply)
INTERFACE: CSDC/PCSS/JEMS Court Case $ 0.00 $ 0.00
Management System (Annual Maintenance Fees apply)
INTERFACE: LogiSYS Records Management System. $ 0.00 $ 0.00
(Annual Maintenance Fees apply)
Setup & Config $9,000 .00 $9,000.00
Standard Training Package: $3,500.00 $3,500.00
INCLUDES: Two (2) days (onsite) officer/employee
training including classroom and OJT training (maximum
group size =14); Online Reference Materials; One (1) day
(remote) administrator training
TASK: eParking : Standard (non-custom ized) Parking $1,500.00 $1,500.00
Task
Motorola, MC67 , GPS, 4G WWAN HSPA+ and 3 .5G $1,450.00 $14,500.00
CDMA Verizon, WLAN 802.11 NB/G/N, 20 DL imager,
camera, WM 6.5, 1GB/8GB, QWERTY key, Bluetooth,
extended 1.5X 3600 MAH battery
Motorola, MC67XX, Warranty, Service from the Start $ 250.00 $2,500.00
Bronze, includes comprehensive coverage, MC67XX, 3
yea r
Motorola, MC55/65 Mag Stripe Reader $ 125.00 $1,125.00
Motorola, MC55/MC65, 4-slot ethernet cradle kit, includes $ 425.00 $1,275.00
cradle CRD5500-4000ER, power supply
PWRS-14000-241R, and DC LINE CORD
50-16002-029R, requires US LINE CORD 23844-00-00R*
Motorola, MC55/65/67 Battery, 1.5X extended $ 59.00 $ 590 .00
Motorola, MC55/MC65 , battery charger kit, 4-slot includes $ 180.00 $ 540.00
power supply PWRS -14000-148R and US AC line cord
23844-00-00R (replaces SAC5500-400CR)
ZEBRA,PRINTER ,ZQ520,4",BT 4 .0,GROUP 0 $ 660 .00 $5 ,940 .00
Zebra, RW420 Paper, Z-Select 4000D 3 .2 mil receipt $ 95 .00 $ 190.00
. paper, direct thermal , 4" X 81 .25', 0 .75" core, 2.25" OD ,
25 year archiveability, 36 rolls per case .
13
•
•
•
.. , . . t I ••••• v er ••••• ,.. 1J..
. technologies
Quantity Mfg_PartNumber
1.00 ZQ51-AUE0000-00
1.00 LD-R3KX58
10.00 AK18913-002
-·
•
•
Product Description
ZEBRA, PRINTER, ZQ510, 3" BT4 .0, GROUP 0
ZQ51-AUE0000-00
ZEBRA , CONSUMABLES, Z-SELECT 4000D 3.2 MIL
RECEIPT PAPER, DIRECT THERMAL , 3" X 81 .25', 0.75"
CORE, 2.25 " OD , 25 YEAR ARCHIVABILITY , 36 ROLLS
PER CASE, PRICED PER CASE
ZEBRA,ACCESSORY ,P4T AND ZQ500,AC ADAPTOR,
US CABLE (FOR USE WITH P4T OR SPARE POWER
· SUPPLY FOR ZQ5 4 BAY POWER STATION)
14
Sales
Price
$ 525 .00
$ 75 .00
$ 60 .00
-··
Subtotal
Grand Total
Total Price
$ 525.00
' $ 75 .00
$ 600 .00
$49,360 .00
$49,360 .00
•
•
•
eCitation & eParking System _____ _
(10 UNITS)
Annual Recurring Fees
Presented to:
ENGLEWOOD, CO
Submitted by:
Bill Williams
(
(979) 690-2811 X1506
Tyler Technologies Corporation
P.O. Box 10713, College Station, TX 77842
Proposal Date:
November 18, 2015
Annual Recurring Fees
eCifaticin/eParkini:i ,Ucense. --·' .. ,·.··. $250 I unit $250
Interface to Court Svstem (JEMS)-. ·-• : '. . -.... · .. , $1,000 $1,000
Interface to . RMS System (LQi:iiSYS)< ->-.-0 --,·1 --$1,000 $1,000
15
10
1
1
TOTAL
$2,500
$1,000
$1,000
$4,500
•
•
•
Exhibit B
.. t I ••••• 'J er ......
• _ technologies
Invoicing and Payment Policy
Tyler Technologies, Inc. will provide you with the software, products, and services set forth in the Investment
Summary of your License and Services Agreement. Capitalized terms not otherwise defined will have the
meaning assigned to such terms in your License and Services Agreement.
Invoicing: We will invoice you for the applicable license fees, products, and services in the Investment
Summary as set forth below. Your rights to dispute any invoice are set forth in your License and Services
Agreement.
1. Tyler Software.
1.1 License Fees: License fees are invoiced as follows: (a) 25% on the Effective Date; (b) 60% on the
date when we make the applicable Tyler Software available to you for downloading (the "Available
Download Date"); and (c) 15% ori the earlier of first use of the Tyler Software in live production or
{180) days after the Available Download Date ..
1.2 Maintenance and Support Fees: Maintenance and support fees for the first annual term are
included in the license fees. Subsequent maintenance and support fees, at Tyler's then-current
rates, are invoiced annually in advance on the anniversary of the Effective Date.
2. Professional· Services.
2.1 Professional Services: Professional services are billed as delivered and invoiced as incurred.
2.2 Requested Modifications to the Tyler Software: Requested modifications to Tyler Software are
invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification.
You must report any failure of the modification to conform to the specifications within thirty {30)
· -days of delivery; otherwise, the modification will be deemed to be in compliance with the
specifications after the 30-day window has passed.
3. Other Services and Fees.
3 .1 Hosting Fees: Hosting Fees for the Tyler Software identified on the Investment Summary are
invoiced annually in advance on the Effective Date and will renew automatically for additional one
(1) year terms at our then-current Hosting Services fee, unless terminated in writing by either
party at least thirty (30) days prior to the end of the then-current term.
4. Third Party Products.
4.1 Third Party Software License Fees: License fees for Third Party Software are invoiced when we
make it available to you for downloading.
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 16
. .. •:. tyler •·•·· e '.H·r .:,ij'!i
Exhibit B
4.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is
invoiced when we make it available to yciu for downloading.
4.3 Third Party Hardware: Third Party Hardware costs are invoiced upon delivery.
4.4 Third Party Services: Third earty Se~ice_s fees ar~ invoiced upon delivery.
-;-_ -; .. . ,· .. -.,., ·:_. _>;~ . :· _ ..... ~
5. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses will
be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10%
travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B at
Schedule 1. Copies of recerpts will be provided on an exception basis for an administrative fee.
Receipts for mileage or miscellaneous items less than twenty-five dollars are not available.
Payment. Payment for undisputed invoices is due within forty-five-(45) days of the invoice date. Maintenance
and support fees are due on each anniversary of the Available Download Date. We prefer to receive payments
electronically. Our electronic payment information is:
Bank:
ABA:
Account:
Beneficiary:
Wells Fargo Bank, N.A.
420 Montgomery
San Francisco, CA 94104
121000248
4124302472
Tyl~r Technologies, Inc. -Operating
Copyright 2015 Tyler Technologies, Inc .
All Rights Reserved 17
•
•
•
•
•
•
1. Air Travel
A. Reservations & Tickets .
Business Travel Policy
Exhibit B
Schedule 1
Tyler's Travel Management Company (TMC) will provide an employee with a direct flight within
two hours before or after the 'requested departure time, assuming that flight does not add more
than three hours to the employee's tofal trip duration and the fare is within $100 (each way) of
the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee's total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven day advance booking requirement is
mandatory. When booking less than seven days In advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is scheduled to
exceed six hours, only economy or coach class seating is reimbursable.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five days= one checked bag
• Six or more days = two checked bags
Baggage fees for sports equipment are not reimbursable.
2. Ground Transportation
· A. Private Automobile
Mileage Allowance-Business use of an employee's private automobile will be reimbursed at the
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home .
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 18
B. Rental Car
Exhibit B
Schedule 1
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a "mid-size" or "intermediate" car. "Full" size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to
the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
"No shows" or cancellation fees are not reimbursable if the employee does not comply with the
hotel's cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status are in accordance with the federal
per diem rates published by the General Services Administration. Incidental expenses include tips
to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are
available at www.gsa.gov/perdiem.
Copyright 2015 Tyler Technologies, Inc .
All Rights Reserved 19
•
•
•
Exhibit B
Schedule 1
• A. Overnight Travel
•
•
B.
For each full day of travel, all three meals are reimbursable. Per di ems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon
Depart after 12:00 noon
Return Day
Return before 12:00 noon
Return between 12:00 noon & 7:00 p.m.
Return after 7:00 p.m. *
Lunch and dinner
Dinner
Breakfast
Breakfast and lunch
Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner
The reimbursement rates for individual meals are calculated as a percentage of the full day per
diem as follows:
• Breakfast 15%
• Lunch 25%
• Dinner 60%
Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m. * ·
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner
5. Internet Access -Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible .
If an employee's hotel charges for internet access it is reimbursable up to $10.00 per day. Charges
for internet access at airports are not reimbursable .
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 20
•
•
•
Exhibit C
Maintenance and Support Agreement
Tyler Technologies, Inc. will provide you with the following maintenance and support services for the Tyler
Software licensed to you. Capitalized terms not otherwise defined will have the meaning assigned to such
terms in your License and Services Agreement.
1. Term. We provide maintenance and support services on an annual basis. The initial term commences on
the Effective Date and remains in effect for one (1) year. The term will renew automatically for additional
one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of
the then-current term.
2. Maintenance and Support Fees. Your initial maintenance and support fees for the Tyler Software licensed
to you are listed in the Investment Summary of your Agreement. Those amounts are payable in
accordance with our Invoicing and Payment Policy. We reserve the right to suspend maintenance and
support services if you fail to pay undisputed maintenance and support fees within sixty (60) days of the
due date. We will reinstate maintenance and support services only if you pay all past due maintenance
and support fees, including all fees for the periods during which services were suspended.
3. Maintenance and Support Services. As long as you are trained on the Tyler Software, and timely pay your
maintenance and support fees, we will, consistent with our then-current Support Call Process:
3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner,
consistent with industry standards, to conform the Tyler Software to the warranty set forth in your
Agreement; provided, however, that if you modify the Tyler Software without our consent, our
obligation to provide maintenance and support services on and warrant the Tyler Software will be
void;
3.2 provide telephone support during our established support hours;
3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party
Software in order to provide maintenance and support services;
3.4 provide you with a copy of all releases to the Tyler Software (including updates and enhancements)
that we make generally available without additional charge to customers who have a maintenance and
support agreement in effect; and
3.5 support prior releases of the Tyler Software in accordance with our then-current release life cycle
policy.
4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support
services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 21
Exhibit C
well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of •
connecting us to your PCs and server(s). You agree to provide us with a login account and local
administrative privileges as we may reasonably require to perform remote services. We will, at our option,
use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably
applicable security protocols. If we can't resolve a support issue remotely, we may be required to provide
onsite services. In such event, you agree to provide us .with full and free access to the Tyler Software,
working space, adequate facilities within a reasonable distance from the equipment, and use of machines,
attachments, features, or other equipment reasonably necessary for us to provide the maintenance and
support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup
connectivity purposes.
5. Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial
installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler
cannot remotely correct a defect in the Tyler Software); (c) application design; (d) other consulting
services; (e) maintenance and support of an operating system or hardware; (f) support outside our normal
business hours as listed in our then-current Support Call Process; or (g) installation, training services, or
third party product costs related to a new release. Requested maintenance and support services beyond
those outlined in this section will be billed to you at our then current rates. We do not guarantee
resolution of a Defect in a version of the Tyler Software Products older than one version behind the theri-
current release. We reserve the right to decline support calls from users who have not received the
required training on the Tyler Software.
6. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this
Exhibit Cat Schedule 2.
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 22
•
•
•
•·
•
Agreement Overview
•• ••••• ... ., .. •• tyler
.. . technologies .
Service Level Agreement
Exhibit C
Schedule 2
This SLA outlines the information technology service levels that Tyler will provide to Client to ensure the
availability of the Hosting Services that Client has requested Tyler to provide. Au other support services are
documented in the applicable Support Call Process. All defined terms not defined below have the meaning set
forth in the Agreement.
Definitions
Attainment: The percentage of time a service is available during a billing cycle, with percentages rounded to
the nearest whole number.
Client Error Incident: Any service unavailability resulting from Client's applications, content or equipment, or
the acts or omissions of any of Client's service users or third-party providers over whom Tyler exercises no
control.
Downtime: Those minutes during which the applicable software products are materially unavailable for Client's
use. Downtime does not include those instances in which only a Defect is present.
Service Availability: The total number of minutes in a billing cycle that a given service is capable of receiving,
processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force
Majeure.
Service Availability
The Service Availability of the applicable software products is intended to be 24/7 /365. Tyler sets Service
Availability goals and measures whether Tyler has met those goals by tracking Attainment.
Client Responsibilities
Whenever Client experiences Downtime, Client must make a support call according to the procedures outlined
in the applicable Support Call Process exhibit. Client may escalate through the hosting hotline. Client will
receive a support incident number. Any Downtime is measured from the time Tyler intakes Client's support
incident.
To track attainment, Client must document, in writing, all Downtime that Client has experienced during a
billing cycle. For purposes of this Service Level Agreement, billing cycle shall be based on each calendar
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserve<! 23
Exhibit C
Schedule 2
quarter. Client must deliver such documentation to Tyler within thirty (30) days of a billing cycle's end.
The documentation County provides must substantiate the Downtime. It must include, for example, the
support incident number{s) and the date, time and duration of the Downtime{s).
Tyler Responsibilities
When Tyler's support team receives a call from Client that a Downtime has occurred or is occurring, Tyler will
work with Client to identify the cause of the Downtime (including whether it may be the result of a Client Error
· lncid~nt or Force Majeure). Tyler will also work with Client to resume normal operations.
Upon timely receipt of Client's Downtime report, outlined above, Tyler will compare that report to Tyler's own
outage logs and support tickets to confirm that a Downtime for which Tyler was responsible indeed occurred.
Tyler will respond to Client's Downtime report within thirty {30) days of receipt. To the extent Tyler has
confirmed Downtime for which Tyler is responsible, Tyler will provide Client with the relief set forth below.
Client Relief
When a Service Availability goal is not met due to Client's confirmed Downtime, Tyler will provide Client with
relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the
Client Relief Schedule below.
•
Notwithstanding the above, the total amount of all relief that would be due under this SLA will not exceed 5%
of the fee for any one billing cycle. Issuing of such credit does not relieve Tyler of its obligations under the 1•
Agreement to correct the problem which created the service interruption. A correction may occur in the billing
cycle following the service interruption. In that circumstance, if service levels do not meet the corresponding
goal for that later billing cycle, Client's total credits will be doubled, with equal relief being provided in that later
billing cycle.
!Targeted Attainment
100%
100%
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved
Client Relief Schedule
l\ctual Attainment
98-99%
95-97%
24
Client Relief
Remedial action will be taken at no
additional cost to Client.
Remedial action will be taken at no
additional cost to Client. 4% credit
of fee for affected billing cycle will
be posted to next billing cycle
•
•
•
100%
.. .. -~-·-:..:_._ .: ~.:,: · .
--.-, .. : ......... -
'•.
1<95%
;":--:·-
Exhibit C
Schedule 2
Remedial action will be taken at no
additional cost to Client. 5% credit
of fee for affected billing cycle will
be posted to next billing cycle
Client may request a report from Tyler that documents the preceding billing cycle's Service Availability,
Downtime, any remedial actions that have been/wi_U be taken, and any credits that may be issued . That report
is available by contacting the hosting hotline through the support portal(s).
Applicability
The commitments set forth in this SLA do not apply during maintenc!nce windows, Client Error Incidents, and
Force Majeure.
Tyler performs maintenance during limited windows that are historically known to be reliably low-traffic times.
If and when maintenance is predicted to occur during periods of higher traffic, Tyler will provide advance notice
of those windows and will coordinate to the greatest extent possible with Client. When maintenance is
scheduled to occur, Tyler will provide approximately two (2) weeks' advance written notice to the contact
information that Client supplies on Client notification form. When emergency mc!inten.ance is scheduled, Client
will receive an email at that same contact point.
Force Majeure
Client will not hold Tyler responsible for meeting service levels outlined in this SLA to the extent any failure to do so
is caused by Force Majeure. In the event of Force Majeure, Tyler will file with Client a signed request that said
failure be excused. That writing will include the details and circumstances supporting Tyler's request for relief with
clear and convincing evidence pursuant to this provision . Client will not unreasonably withhold its acceptance of
such a request.
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 25
Local Government Division Support Call
Process
. Products Covered
lncode .. \··
Exhibit C
Schedule 2
lncode Financials lncode CIS/CRM lncode Court Case Mana ement
Support Channels
Tyler Technologies, Inc. provides the following channels of software support:
(1) Telephone -for urgent or comple~ questions; u~ers receive toll-free, unlimited telephone software
support.
(2) Email -for less urgent situations, users may submit unlimited emails directly to the software
support group. Email will be used for responses.
(3) On-line submission -for less urgent and project-based questions, users may create unlimited
support incidents through the customer relationship management portal available at the Tyler
Technologies website.
(4) Tyler Community-an on-line resource, Tyler Community provides a venue for all Tyler clients with
current maintenance agreements to support one another, share best practices and resources, and
access documentation. ·
During the Implementation to Support handoff meeting, at the conclusion of the client's project, Tyler
representatives will provide the most current toll-free telephone number and email address for submitting
support incidents, based on the software licensed .
Support Availability
Our established software support hours are Monday through Friday from 7:00 AM -7 :00 PM Central Time.
Tyler's holiday schedule is outlined below. There will be no support coverage on these days .
New Year's Day Thanksgiving Day
Independence Day Christmas Eve
The hours and holiday schedule set forth above does not apply to users of Tyler Public Safety, who have
24/7 /365 access to software support personnel for critical i ssues . Each incident will be billed at the hourly
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 26
•
·•
•
•
•
•
Exhibit C
Schedule 2
rate and minimum charges, according to the_ terms of our then-current Tyler Public Safety 24/7 /365 Support ·
document. Our current Tyler Public Safety 24/7 /365 Support document is provided befow.
Issue Handling
Incident Tracking
When a support incident cannot be resolved during its Initiation, the client receives an incident tracking
number for that Issue. The incident tracking number is used to track and reference open issues when clients
contact support.
Incident Escalation
Tyler's software support consists of four levels of personnel: ... . -
(1) Software Support Analysts -front-line representatives
(2) Software Support Advisors -more senior in their support role, the Advisors assist Software Support
Analysts and take on escalated issues
(3) Software Support Team Leads -responsible for the day-to-day supervision of Analysts and Advisors
and may assist in incident escalations
(4) Software Support Managers,.-responsible for the management of support teams for either a single
product or a product group
On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler
encourages clients to communicate the level of urgency or priority of software support issues so that we can
respond appropriately. A software support incident can be escalated by any of the following methods:
(1) Telephone -for immediate response, call toll-free to either escalate an incident's priority or to
escalate an issue through management channels as described above.
(2) Email -clients can send an email to software support in order to escalate the priority of an issue
(3) On-line Support Incident Portal -by logging into the client Incident portal and referencing the
appropriate incident tracking number, clients can modify the priority of an Issue.
Incident Priority
Each incident is assigned a priority number, which corresponds to the client's needs and deadlines. The
client is responsible for reasonably setting the priority of the incident per the below chart. The goal of this
structure is to clearly understand and communicate the importance of the issue and to describe expected
responses and resolutions .
. Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved 27
Support incident that causes
(a) complete application
failure or application
unavailability; (b) applicatlon
failure or unavailability in
1 one or more of the client's
remote location; or (c)
systemic loss of multiple
essential system functions.
'
Support incident that causes
(a) repeated, consistent
failure of essential
functionality affecting more
than one user or (b) loss or
2 corruption of data.
Priority Level 1 incident with
an existing circumvention
procedure, or a Priority Level
2 incident that affects only
one user or for which there is
an existing circumvention
3 procedure.
Copyright 2015 Tyler Technologies, Inc.
All Rights Reserved
Tyler shall provide an initial response to
Priority Level 1 incidents within one (1)
business hour of receipt of the support
incident. Tyler shall use commercially
reasonable efforts to resolve such support
incidents or provide a circumvention
procedure within one (1) business
day. Tyler's responsibility for loss or
corrupted data is limited to assisting the
client in restoring its last available
databi!.se.
Tyler shall provide an initial response to
Priority Level 2 incidents within four (4)
business hours of receipt of the support
incident. Tyler shall use commercially
reasonable efforts to resolve such support
incidents or provide a circumvention
procedures within five (5) business
days. Tyler's responsibility for loss or
corrupted data is limited to assisting the
client in restoring its last available
database.
Tyler shall provide an initial response to
Priority Level 3 incidents within one (1)
business day of receipt of the support-
incident. Tyler shall use commercially
reasonable efforts to resolve such support
Incidents without the need for a
circumvention procedure with the next
published maintenance update or service
pack, which shall occur at least
quarterly. Tyler's responsibility for lost or
corrupted data is limited to assisting the
client in restoring its last available
database.
28
Hot Flx-
Emergency
patch to
Exhibit C
Schedule 2
software as soon
as possible
Regularly-
scheduled patch
Next Release -
Scheduled for
the next major
release
•
•
•
•
•
•
Exhibit C
Schedule 2
4
Support incident that causes
failure of non-essential
functionality or a cosmetic or
other issue that does not
qualify as any other Priority
Level.
Tyler shall provide an initial response to
Priority Level 4 Incidents within two (2)
business days. Tyler shall use
commercially reasonable efforts to resolve
such support Incidents within two version ,
release cycles and a cosmetic or other
support incident that does not qualify as
any other Priority Level incident with a
future version release.
Future release -
not scheduled;
reviewed at next
planning stage
Hardware and Other Systems
If in the process of diagnosing a software support Issue it Is discovered that a peripheral system or its'
software Is the cause of the issue, Tyler will notify the client so that the client may contact the support
agency for that peripheral system. Tyler cannot support or maintain third-party software or hardware.
In order for Tyler to provide the highest level of software support, the client bears the following
responsibility related to hardware and software:
(1) All infrastructure executing Tyler software shall be managed by the client.
(2) Support contracts for all third-party software (ex: operating systems, database management
systems) associated with Tyler software shall be maintained. Tyler does not support these third-
party products.
(3) Daily database backups must be performed; client shall verify the backups are successful .
Copyright 2015 Tyler Technologies, Inc.
_All Rights Reserved 29
•
•
•
Tyler Publ _ic _~af~Jy ··'2-~4/7:~;~-uppqr(:.::
. . ' .
Overview
The purpose of Tyler Public Safety (TPS) 24/7 Support Is to provide Tyler Public Safety clients with after-
hours support for only critical Public Safety software issues. Support is considered to be after-hours if an
Incident Is reported before 7:00 AM or after 7:00 PM (Central) on normal business days, or any time on
weekends a·nd _tiolidays. Calls received outside normal support hours are r~ut~d to an answering service
equipped to record information regarding the Incident. The call center contacts Tyler Public Safety Support
personnel via telephone and email with instructions for client call back. The Tyler staff handling the issue
contacts the reporting client to troubleshoot the Issue through to resolution, calling on second-level
resources if necessary to address solutions or conflicts.
Pricing
Exhibit C
Schedule 2
If, after contacting the client, the Tyler staff determines the incident to be an Issue with the client's
hardware or non-TPS software, the client will be billed $250.00/hour, with a one-hour minimum. If the issue
Is determined to be a fault of the Tyler software, the customer will not be billed. Clients are encouraged to
first contact their own IT personnel to diagnose the issue and avoid a charge.
Process
Personnel Involved in Tyler Public Safety 24/7 Support have domain knowledge and skills to resolve Critical
Issues. They include:
(1) Primary on-call contact
(2) Secondary on-call contact .
(3) Extended support team staff:_ utilized In the event additional resources or domain experience,
such as development expertise, is required. Development resources will be utilized after hours only
if the supported system is completely down due to a programmatic issue. All other development
Issues will be reported to development and worked on the following business day.
Figure 1-Contact Flow illustrates the following:
(1) Outside published support hours, client calls the toll-free telephone number provided during the
Implementation to Support Handoff meeting
(2) Call is auto-routed to an answering service; answering service personnel gather requisite
information about the incident
(3) Answering service staff calls the primary on-call contact; answering service staff calls the secondary
on-call contact if unable to speak with the primary on-call contact or other backup staff
(4) Answering service staff submits issue to a group email, resulting In the creation of an incident in
Tyler's Incident tracking system
Services Provided
Support services consist of diagnosis and resolution of catastrophic systemic Issues that cause failure of live
Tyler Public Safety software. The client site must be able to provide Tyler access to all servers involved with
the TPS software, application server, and SQL Server. Access to the module with the issue is also required .
Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved 30
SupportedJ~sue~ inc!ude; .
• Inability to run CAD
• Inability to create or close calls in the CAD screen
• Inability to activate officers in dispatch '
• Inability to assign officers to a call in the Dispatch screen
• Inability to change the status of calls In the Dispatch screen .
• Inability of all users to log Into Mobile CAD
• Inability of all users to run NCIC queries (if applicablel
• lnablllty to use the RMS system
• Inability of all mobile users to access Mobile RMS
• Inability of all mobile users to access Mobile Citations
Non Supported issues include:
• One user or one workstation cannot get in software (unless this is a dispatch station in dispatch)
• One user cannot get into CAD or get NCIC returns
• Password issues
• Easy Street Draw, Scene PD, Smart Roads (non-TPS Software)
• Inability to print from a specific workstation or user, or inability to print a specific incident, arrest
number, etc.
Exhibit C
Schedule 2
• Issues related to NetMotion (used for Mobile CAD VPN), Citrix, or Terminal Server, used for Mobile
RMS and Mobile Citations. (These are not Tyler Products -we can assist with troubleshooting
issues with these, but it will be billable time).
Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved
0
31
•
•
•
•
•
•
Figure ''i -Contact Flow
. . ,;f '
Copyright 2014 Tyler Technologies, Inc.
All Rights Reserved
y __.,.
.:
TAt-naff Ctll1tlm 1M
dle!lt call Cemt emalll
dlstrt)~ 9'®P·
r.,ie, std Ull'ltaas Ule
~t; call c.et'dt!I etnalll
d~~group..
32
Exhibit C
Schedule 2
•
•
•
er
technologies
Statement of Work
Brazos eCitation & eParking
Software and Implementation Services
Prepared for:
The City of Englewood, CO
Prepared by:
Tyler Technologies , Inc .
www . tylertechnologies. com
December 1st, 2015
Exhibit D
Exhibit D
Acronyms
The following acronyms are used throughout the SOW.
• WP -Work Plan
• RMS -Records Management System
• CMS -Court Management System
• ECS -Electronic Citation System
• PDA -Portable Data Assistant (any handheld or other mobile platform running a
standard operating system)
• SYNC -A process through which citation data is transmitted from the Device to the
Brazos Server, and through which new software updates are transmitted from the
Brazos Server to the device.
Definitions
The following definitions are used throughout the SOW.
• Acceptance of Deliverable -Written notification from the City of Englewood to
Tyler, signed by the responsible the City of Englewood Project Manager, indicating
that the Deliverable has been evaluated and satisfies the Acceptance Criteria of each
Deliverable
• Deliverables -Any materials procured or prepared by Brazos or services provided by
Tyler to the City of Englewood
•
•
•
•
•
•
Exhibit D
PROJECT SCOPE & SUMMA~V __
, This Statement of Work provides the understanding of the objectives, approach, schedule,
and deliverables for this engagement .
Any standard interfaces purchase'd are detailed in SOW Attachment D -Brazos Solutions
Summary. It is important for the Client to read the portion of the Attachment related to
each interface purchased to understand its full functionality.
The summary scope of this project includes the following:
1. The ECS will, at a minimum, conform to the requirements as outlined in the final
proposal (Englewood CA-Initial 10 Units-eCit eParking_v2). It is expected that
further details of how each requirement will be accomplished will be determined at
the Kick-Off Meeting and subsequent requirements gathering meetings.
2.
3 .
4.
5.
6.
7.
8.
Once the citation information is captured in the ECS, it must be sent to the correct
systems with no manual data entry, except for specific approvals to be defined later.
The ECS must provide intuitive, easy-to-use software that requires minimal training.
The ECS will provide the ability to add additional customized forms (at additional
cost) -that also meet the flow process as desired by the client.
The ECS must enable officers to enter text notes (voice recording will also be
available).
The ECS must support the Court's citation numbering system.
The ECS must allow the client to customize the layout of the citation printout.
The ECS must create an electronic data file when a citation is completed and
approved and provide the ability to transfer that data file which will then be made
available for import into CMS/ RMS systems as specified in the contract.
9. The ECS will include a Citation Entry Screen (CES) that will allow authorized users
with the ability to enter data from manual (paper) citations into the ECS through the
secure web portal.
•
Implementation Stages
Tyler provides a well-defined, multi-stage roadmap which can be applied to a single
phase project or to projects with multiple phases. For multi-phase projects, the stages
are repeated as necessary.
Control Point 1: Control Point 2: Control Point 3: Control Point 4: Control Point 5: Control Point 6:
Planning &
Initiation Stage
Acceptance
Assess & Define
Stage Acceptance
Core User Training
& Configuration
Validation
•
End User Training
& Acceptance
Testing Stage
Authorization to
move to Phase/
Project Closure
Phase/Project
Closure
Acceptance
•
rn
)( ::r er ;:;:
C
•
•
•
Exhibit D
Each stage, as established above, is designed. ~o _prqvi<;l~·ai po._ir_itatwhich a full review of
the stage objectives is assessed for'.,tompl~t_ene:5s ;,\Wh,e'fr ~{ita'ge is-compiete, a· Work-
Acknowledgement Form (see sow Attachmen{A.,'(siiim~le) :~\V<'.)rk Acknowledgement
Form) is completed and signed b';{ th~ Cli~nt signlfyi_ng a~~ept~nce,of th~{stage and the
beginning of the ne~r~tage. Each. stage is ~depe~derit~9-~ the r~s,"ults o(tb~ ·previous stage
and therefore, eacli s~age of the· methodology c~rine>f beg,iri ~n}H th~ previot1s sta~e is
completed and approved. ·. · ,:~~::·-> .. ; ,:"":,,.:·."-. -.--. .-,: .... :._0
DATA CONVERSION f-ff}.:_':
Data Conversion is referenced in the Implementation st~~e;;_r:n·eth:odology graphic,
however no data conversion is included within the scope of this project for the City of
Englewood. The graphic is representative of the standard implementation methodology
utilized throughout the various product lines offered by Tyler Technologies.
KEY PROJECT ASSUMPTIONS
• Client and Tyler shall review their ·responsibilities before work begins to ensure that
Services can be satisfactorily°completed'. · .
• Client will provide Tyler with access to its equipment, syste~s, and personnel to the
extent needed to complete the defined Services.
• Client will provide w _ork space for Tyler Services for work completed on Client premises .
• Tyler shall initially implement the most current version of the Tyler software at the time
of the contract signing. During the implementation Tyler will provide newer releases of
the software that meet or exceed the version available at contract signing.
• Client will maintain primary responsibility for the scheduling of Client employees and
facilities in support of project activities.
• Client shall provide Tyler with network access for remote installation and testing
through industry standards such as Virtual Private Network (VPN) or other secure access
methods.
• Client will allow users unauthenticated access the following web addresses to ensure
adequate access to system resources:
o www.brazostech.com
o My.brazostech.com
o Get.brazostech.com
o Support.brazostech.com
• Client will provide/purchase/acquire the appropriate hardware, software c!nd
infrastructure assets to support all purchased Tyler software products in both
support/testing and production environments. -· ·
• Client is responsible for 'proper site preparation, hardware, software and network
configuration in accordance with Tyler specifkatioris. , , .
• Client has, or will provide, access licenses and documentation ofexisting system to any
3rd party system software which Tyler will be required to read, write or exchange data .
Exhibit D
• Client has, or will provide; a development/testing environment for data conversion and
interface testing as they are developed by Tyler.
•· •· Tyler shall be responsible for implementing a, functioning version of the application
software (assuming Client has installed the proper hardware, software, and networking
devices). , · , /-·-
. •· All deliverables and timelines ·assigned to·the Client will be held to the same standards
of delivery as those assigned to Tyler Technologies .
l
·. •::;;._lnstalJation of Hardware required in CityVehicles shall be completed by City Personnel
and facilities.
• The Client will deploy initially on Ten (10) PDA's (Zebra MC67s);
• Deployment of the Tyler Brazos ECS for the Client will utilize Tyler's hosted server
environment.
• All Client personnel involved in the Pilot Project will participate fully in the training
provided by Tyler Technologies.
• The Interface to any CMS/ RMS systems is included in this Phase of the project and will
include the synchronization of tables/files.
OUT OF SCOPE
• Custom interfaces. Custom interfaces involve the development of a standard,
repeatable process for transferring information into or out of the Tyler software. These
interfaces may take the form of a _user-initiated import/export program, an API, or a
web service. There are no custom interfaces included in the scope of the agreement
unless detailed in Attachment D -Brazos Solutions Summary
• Custom Reports. Custom Reports involve the development of new reports that are not
offered as part of the standard reporting package and modifications to existing reports.
There are no custom reports included in the scope of the agreement unless detailed in
Attachment D -Brazos Solutions Summary
• Undocumented requirements. Undocumented requirements include requirements not
specified in this Statement of Work and associated attachments.
• Post System Acknowledgement Configuration. System Acknowledgement requirements
are met at the completion of End User Training and User Acceptance Testing stage. Any
changes requested of the Tyler implementation team to alter the configuration, post
acknowledgement of these milestones, must be documented through a Change Order
and may incur additional time and/or costs ; Client may have access to built-in
configuration tools, so, when available, is free to reconfigure or create a new
configuration as required or desired. If assistance using these tools is required,
additional change orders may apply .
•
•
•
Exhibit D
• RISK/ MITIGATION STRATEGY
U navaila-biliJy /fncoir,p~ti ~_ility, of Staff
_ Risk: Tyler recognizes that individuals assigned to projects may become unavailable
due to various causes. Further, Tyler recognizes that individuals sometimes clash for
reasons of incompatibility. Tyler schedules team members based on all the projects to
which those individuals ~re assigned. Unavailability may occur due to unforeseen
circumstances such as family matters.or-the employee's departure from Tyler
employment; Incompatibility creates intolerance in project objectives and tasks and
creates unnecessary delays and can lead to project failure if not corrected.
Mitigation: In the event a Tyler project member is determined to be unavailable, a
Tyler manager will consult with Client on alternatives such as a temporary replacement
or substitute of the person . Likewise a similar response is expected from the Client if
their team member is unavailable.
Incompatibility is addressed first through attempts to resolve the compatibility issues
between individuals. Failing resolution, team members must be replaced; In the event a
Tyler team member is determined to be incompatible, Tyler will replace with a new
team member and provide time to orient to the project before assuming their
respective responsibilities.
• Client Staff unavailability
•
Risk: Delays in the project time line will occur if appropriate Client staff is unavailable to
meet with or respond to Tyler for timely decisions and or dir·ections.
Mitigation: Client should ensure that staff assigned to this project is given sufficient
priority and authority to work with Tyler while completing other Client responsibilities
in a timely fashion. Decisions must be made in hours and days, not weeks.
Scope Changes
Risk: Poorly defined projects always take longer than expected or cost more than
expected because of poorly defined scope at the beginning of the project.
Mitigation: Both parties must ensure that the scope of the project is well stated and
completely defined to the best .of each party's knowledge. Functional requirements
should be reviewed carefully to ensure completeness. Change Orders are required to
document any subsequent impact on schedule and/or costs.
Activity Focus
Risk: Activity Focus is the risk that minor activities consume time that should otherwise
be dedicated to major activities of the project, with the end result of time and/or costs
Exhibit D
-·. O'!~~nJ!_lning budget. This risk is sometimes associated with efforts that lead to scope
_ ·changes. Examples include meetings of little substance or that go longer than they
-, : ,_, · _-".,.;;,:,,;..· need~-or time consumed investigating undocumented functionality or other activities
· ·-.. -__ not in-scope. ·
Mitigation: Project Managers for both Parties must guard themselves to avoid focus
drift by ensuring the focus is squarely on meeting deadlines, services, and configuration
requirements of the implementation as planned and documented in the planning,
· · assessment and definition stages.
Achievable Goals
Risk: The expectations of this project are set too high or are not explicit or clear to
Client Staff and thus not communicated to Tyler through Functional Requirements and
clearly stated scope.
Mitigation: The parties must ensure, through the Contract and Task Orders, that the
goals of the project are explicit, well defined and attainable, and that both parties have
"signed off'' on the requirements.
Technology Age
Risk: This risk is highly dependent on the choice of Tyler products, the PDA's to be used
for data capture, and whether the Client is hosting any of those products. If the Client
will he hosting its own servers, the technology utilized should be robust enough to
meet the Client's needs for several years into the future. Technology that barely meets
minimum requirements today will be insufficient as the system and its needs grow.
Mitigation: Tyler will assist Client in dete-rmining optimal technology and plans to guard
against premature obsolescence.
CRITICAL SUCCESS FACTORS
In order to successfully execute the services described herein, there are several critical
success factors for the project that must be closely monitored. These factors are critical in
setting expectations between the Client and Tyler, identifying and monitoring project risks,
and promoting strong project communication.
• Knowledge Transfer -While Tyler cannot guarantee specific expertise for Client staff as
a result of participating in the project, Tyler shall make reasonable efforts to transfer
knowledge to the Client. It is critical that Client personnel participate in the analysis,
configuration and deployment of the Tyler software in order to ensure success and to
transfer knowledge across the organization. After completion of the production phase,
the Client will be responsible for administering the configuration and introduction of
new processes in the Tyler system.
•
•
•
•
Exhibit D
• Dedicated Client Participation -Tyler fully understands that Client staff members have
daily responsibilities that shall compete with the amount of time that can be dedicated
to the Tyler implementation project. However, it is critical that the Client understands
· and acknowledges that its staff must be actively involved throughout the entire duration
of the project as defined in the Project Plan. Tyler shall communicate any insufficient
participation of Client and Tyler resources, as well as the corresponding impact(s),
through Project Status Reports.
• Acknowledgement Process -Acknowledgment must be based on criteria. The
objectives and tasks of each stage of a project provide the basic criteria by which to
judge acceptance of a stage is to be granted. Within each stage additional criteria will be
developed by team members on which to judge future stages . For example, User
Acteptance Testing will be based on criteria developed in earlier stages.
As resources are consumed, Tyler shall provide the Client with a Work Acknowledgement Form
(see Attachment A-(Sample) Work Acknowledgement Form) to formalize receipt. The Work
Acknowledgment Form is subsequently signed by the appropriate Client stakeholder(s), and
faxed or emailed to Tyler. Timely and honest acceptance is required to maintain project
momentum. Failure to properly establish acceptance criteria or failure to accept a properly
completed stage will cause delays in the project.
• In an effort to ensure quality and complete satisfaction with each stage of the project, Tyler's
Professional Services Division has established the following rule : A Signed Work
Acknowledgement Form (see Attachment A) is required upon completion and Client-
acknowledgement of the resources consumed on the project. Stage signoff is also required
before proceeding to the next stage in the process.
•
• Managing Project Scope -In an effort to implement the project on time and within
budget, both Tyler and Client agree to limit the software and professional services to
only those items identified in this Statement of Work. Expanded scope results in
additional costs .
Change orders or contract addendums for additional items outside the scope of the
defined project requirements must be submitted in advance and signed by project
stakeholders before work can be accomplished on those items. Likewise, reductions of
the defined scope will also require a Change Order.
FUTURE AMENDMENTS TO SCOPE
Future changes in the project scope, beyond the capability of a Change Order, will
assume the appropriate processes outlined in this Statement of Work and in the
Agreement, unless future scope changes require a different or modified process. If no
Exhibit D
new Statement of Work is required, then new functionality and payment requirements
are provided for in an amendment to the initial Agreement.·
PROJECT MANAGEMENT
Tyler performs ongoing project management services throughout the implementation in
order to plan and monitor execution of the project. Project Management include~ the
following tasks: ·
• Project plan
• Project document management
. • Issue log management and escalation
• Status reporting
• Change order management
• Resource management
• , Executive project oversight via Executive Sponsor and Project Review Committee
By mutual agreement some project management tasks are shared between the Tyler Project
team and the Client Project Manager/Stakeholders.
STAFFING
Every reasonable effort is made to maintain a consistent project team from Tyler for the
duration of the project. Should the Client have concerns related to assigned resources,
those concerns should be submitted to the Tyler Project Manager or Tyler Management
Staff for review and consideration. Tyler will make staffing decisions based on appropriate
skill set and other soft skills of resources deemed compatible to the success of the project.
Tyler Brazos Team
Project Manager -TBD
As Project Manager, TBD will be responsible for establishing and administering controls
to ensure the quality of deliverables are acceptable to the Client, monitoring project
activities to ensure project schedules are met,_ and providing monthly Full Status
Meetings. Project Manager will be able to authorize changes and wili be expected to
refer any problems or issued that cannot be resolved by on-site implementation staff to
company management.
Technical Lead -TBD
The Technical Lead, will be responsible for design and architecture of the Tyler Brazos
software
•
•
•
Exhibit D
• Training Lead -TBD
•
•
The Training Lead, will be responsible for ensuring that all the Client Personnel specified
in this SOW are appropriately trained according to the requirements of their
participation in the project.
CITY OF ENGLEWOOD Team
Project Manager -TBD
The Project Manager for the Client will be responsible for establishing and administering
controls to ensure the quality of deliverables are acceptable to the Client. The Project
Manager will also make decisions about any changes to the implementation plan or
technical aspects of the system.
Resource -Department Lead (POLICE)-TBD
Resource -Department Lead (COURT) -TBD
Resource -Department lead (IT)-TBD
PROJECT SCHEDULE
Upon execution of the contract, the parties will subsequently collaborate during the project
planning and initiation stage to determine a start date for services to be rendered. Upon
initiation of these services, Tyler shall work with Client to collaboratively define a baseline
or preliminary project schedule/plan. Given the fact that project schedules are working
documents that change over the course of the project, Tyler shall work closely with Client to
update, monitor, agree, and communicate any required changes to the project schedule. A
Sample Project Schedule is included in Attachment E -Deliverables and Project Schedule
DEVELOPMENT TOOLS
No special development tools are required for the Tyler software. Tyler source code is not
accessible (unless through the requirements of an Escrow Agreement).
The configuration tools are built into the software, and the Client has full access. The Tyler
implementation staff will use these same configuration tools to set up the system with the
Client. The Client will receive training on the use of these tools. If assistance using these
tools is required, additional change orders may apply .
Documentation
Tyler-provided documentation
Exhibit D
Over the course of the 6 stage implementation lifecycle, the Tyler project team will provide
stage-specific documentation in a range of formats (both editable and non-editable).
Examples include:
• Data Collection docs (MS Excel and/or MS Word) for configuration
• Training Documentation Templates (MS Word and MS PowerPoint)
• Other documentation as required for the specifics of the project.
Client-provided documentation
A definitive list of Client-provided documentation is not possible until all aspects of the
implementation are determined, usually in the beginning stages of the project. Certainly,
Client's assistance in completing the Tyler-provided forms and requests for configuration
information is essential to a successful project. The Tyler Project Manager will provide the
Client with detail of the documentation necessary for each product to be successfully
implemented. The list below is a sample of the types of documentation that is likely to be
requested.
Documentation originated by the Client includes:
• Application Programming Interface documents (APl's) for any third-party software
system to which the Tyler software will interface and exchange data.
• Legacy system data documentation and data, when applicable, in a format suitable
for converJion into the Tyler System (please refer to section titled Data Conversion)
• Workflow documentation on, the Client's current business processes
• Copies of pertinent ordinances or other controlling authorities
• Fee Schedules, when applicable
• Copies of existing forms and other documents presented to the public and expected
to be derived from the Tyler Software.
PROJECT STATUS MEETINGS
Communication is crucial to the success of the project. Regular communication between Tyler
and the Client staff are required.
Full Status Meetings
Monthly Reports to the Client Staff (may be done remotely)
• Presented by Tyler project manager
• The full status meeting schedule will begin upon acceptance of the SOW
• Status of major activities
• Target dates for completion of remaining tasks
•
•
•
•
•
Exhibit D
• Potential delays in reaching target dates and the basis for those delays
• Proposed revisi~n~ to the overall work schedule -if any
Progress Meetings
Bi-weekly In Writing-prepared by Tyler Project Manager ·
• Recap of previous period's work
• Preview of next period's tasks
• Status of major activities
• Target dates for completion of remaining tasks
• Potential delays in reaching target dates and the basis for those delays
• Proposed revisions to the overall work schedule -if any
Communication Plan
• The purpose of the Communication Plan is to define and document on-going
communication commitments between Tyler and the Client. The Project Manager
will provide a contact list to Tyler for each agency representative for direct
communications with that respective agency. These individuals will be responsible
for department policy, budget and overall strategic direction of the project.
• The Tyler Project Manager, will create, maintain and distribute a contact list for all
Project Team members. This list will be distributed to all Team members as required
or requested via email and will include phone extension, cell number, email
addresses, etc. of all Tyler Project Team members, the Client Project Team members
as applicable .
Exhibit D
SOW ATTACHMENTS LISTING
SOW Attachment A -(Sample) Work Acknowledgement Form
This form provides the means for the Client to accept work provided or provide
reason for denial of a work-. ···
SOW Attachment B -(Sample) Change Order Form
Any change in the project must have a completed and approved Change Order.
SOW Attachment C -Hardware/ Software Requirements
This document provides the recommended hardware/software requirements for
the Tyler system. Performance using systems which do not meet these
requirements may not have expected performance levels.
SOW Attachment D -Brazos Solutions Summary
This document provides a summary description of the purpose and function of
the Brazos Applications included in the scope of this project
SOW Attachment E -Deliverables and Project Schedule
This document provides a summary description of the purpose and function of .
the Brazos Applications included in the scope of thfs project
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Attachment A -Work Acknowledgment
~--~--·,_ Work0~Acknowledgment
· -; ci1~-;;·f~ ·
Date:._
Visit/Deliverable:
Exhibit D
D I am satisfied with the work performed for this stage, and/or deliverable.
D I am NOT satisfied with the work performed for this stage, and/or
deliverable.
In an effort to ensure quality and complete satisfaction with each phase of the project Tyler
Technology's Professional Services division has established the following rules:
1. Projects will not be allowed to move from one phase to another without a sign off indicating
satisfaction with the work performed. The Tyler Technology project team will immediately stop
all other tasks, complete the phase at hand, and obtain sign off before moving to the next
phase.
2. Customer understands that any payment not received within 30 days of invoice will result in
work stoppage. All related project tasks will be stopped until payment is received.
Print Name: _____________________ _
Signature: _____________________ _
Date: __________ _
(Please return signed copy to the Tyler Technology project team)
Exhibit D
Attachment 8-Change Order Form
Client: ____________________ _
Date: _____________________ _
Generated By: _________________ _
-AuthoriZed By: _________________ _
Change Ov~~iew:-
Narrative Description of Change:
Impact of Change:
Schedule Impact: Delay of milestone & sub-tasks on Tyler Technologies Implementation Project Plan
including:
I Proposed Date Changes
Cost Impact:
I Change Detail I Credit I Debit I Total
Revision No.: __________ _
No changes may be made to this project without the agreement of the Project Manager(s), and must be
approved by the Project Director. Submit endorsed Change order to the Tyler Technologies Project
M anaaer
Date Approved Comments Aooroved By Signature
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Exhibit D
• Statement of Work: Attachment C -Hardware I Software Requirements
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Brazos eCitation -.·,:_ Hardware -
If you have any questions about this document, please contact your Project Manager.
Tyler's software is designed to operate on networks and operating systems that meet certain
reql1irements. Systems that do not meet the required specifications may not provide reliable or
adequate performance, and Tyler cannot guarantee acceptable results.
LOCALLY INSTALLED SERVER SPECIFICATIONS
NOT APPLICABLE WITH THIS PROJECT
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Exhibit D
• Attachment D -Brazos Solutions Summary
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Brazos e~itat_l9r, Appli~c!tions
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Tyler Technologies will work with the Client to deliver the Electronic Citation System (ECS). The
system will be installed on City of Englewood's PDA's and allow officers to capture all
information for citations/warnings, print a copy of the citation for the violator, and
electronicaljy transfer all information into the respective· Court system(s).
Tyler is committed to·deliver)ng a successful Electronic Citation System (ECS) project to our
customers. Our implementation approach has been highly successful, and we feel that this
process provides the best method to minimize risks and ensure a successful project. The key is
to involve the customer in all phases of developing and implementing software specifically for
them, to meet their specific needs. This process is comprised of the following:
• Kick-off Meeting. An on-site meeting or conference call style meeting (to be
determined by Tyler) with the project owners to define roles, responsibilities, and
outline the schedule. This meeting will also include review of all initial requirements
of the SOW document and RFP, and identification of areas within the SOW that will
require modification/ clarification.
• Completion and acceptance of the final SOW document. Tyler will update the
Statement of Work and provide it to the Client for review. The SOW will include all
significant work tasks, steps, timeframes and deliverables required to complete
Phase I, including software installation, interface customization, implementation,
testing, and training.
• Setup and Configuration. Tyler Technologies will work with the Client to install and
configure the locally-installed servers, the ECS client software, import offenses,
layout the defendant's receipt, configure reports, and any other configuration
required by the Client. The Client will perform any tasks related to enabling the
department to install any vehicle mounted hardware prior to Tyler arriving onsite for
the initial training.
• Begin Pilot. The pilot program should involve up to 14 key officers in the 2-day
session, with 1 of these 2-day sessions included in purchase. These users should be
designated by the Client and have the ability to adapt to this technology quickly.
They will be given full software training in order to understand and become familiar
with the technology. The training process includes going out on the street and
writing warning-citations with a Tyler trainer to ensure comfort with the technology.
• Operational Pilot. The operational phase of the pilot begins once the officers are
familiar with the technology and we have verified successful data transfer to any/
all CMS and RMS systems included in the contract. At this point the pilot officers will
begin writing actual citations . This process serves three purposes: 1) validation of
Exhibit D
the entire process prior to engaging the entire police force, 2) providing positive
feedback to circulate within the department prior to full rollout, and 3) providing
needed real world experience . for your future trainers. -.. -. ·:; . . ... •, .. -.. '• . ~ ·-·. ·_. ~ ..
• Full Rollout. The rollout process is primarily the training of all additional officers
specified as participants in Phase I in use of the new system. The preferred process
for training is to provide a class room style ofinstruction, followed by a ;'hands on"
session that may include DL checks, ride-a longs, etc., to ensure every officer has
used the system in the field. It is the intent of this project that certain officers
identified as train-the-trainers from the Pilot Prefect will be utilized at this stage to
assist with the training of the additional officers.
• Post Action. Finally, after the full rollout, we will convene with the project owners to
determine what went well and what improvements are required of the system,
process, or any other aspect of the project . A full project review will be documented
by Tyler and provided to the Client Project Manager.
The delivery and training processes are the most significant keys to the success of this
project. We will jointly determine the Operational Pilot duration, depending upon officer
success and satisfaction and their recommendations for deployment. When all parties
agree, Full Rollout training and deployment will begin.
TRAINING
Tyler will provide all training associated with the Electronic Citation System (ECS) and will
identify the Training Lead at the beginning of the project.
In order for this project to be successful, the officers need to know not only the basics of
the software, but first-level troubleshooting tips for the hardware and operating system as
well. It is our experience that the officers must be proficient in the mobile hardware for this
project to have the long term success that the Client and Tyler are looking to achieve.
The delivery and training processes are the most significant key to the success of this
project. The Tyler Training Lead will ensure that all levels of the Client personnel who utilize
the Tyler Brazos Solution will receive adequate training. Tyler will incorporate
measurement tools to assist in monitoring the end-users competence in using the system.
Classroom Training. The Train-the-Trainer course shall involve all officers specified to
participate in the Operational Pilot (limit= 14 Officers). They will be given full software
training in order to understand and become familiar with the technology. The tra i ning
process includes producing several test citations with a trainer to ensure comfort with the
application.
Practical Application. The practical application phase begins once the officers are familiar
with the technology. At this point the pilot officers will begin writing real citations.
Administrator Training. The Tyler Brazos ECS provides powerful management tools with
great ease of use for agency administrators and management. Tyler will provide sufficient
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Exhibit D
• training to designated management personnel for them to be able to utilize those tools as
well as have a solid understanding of the capabilities of the system'.
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ECITATION CLIENT SOFTWARE --
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The Tyler Brazos ECS client software will be installed on lQPDA's allowing the officers to
write, print, and push citations electronically to the Court software. system{s). All ECS
software is embedded on the PDA and is completely functional with or without a network
connection. The software will be configured for the Client and the Client will have the ability
to define, approve and modify the layout of all screens and print jobs under the scope of
this agreement.
The software will have the ability to:
• Allow officers to quickly and easily capture citation information .
• Print the citation in the field for the violator using a Bluetooth connection to a
mobile printer.
• Push citations via a network 'connection.
• The Client will have the ability to VOID a citation on the PDA, after save but before
sync. Notations as to the reason for VOID can also be required.
• The citation number sequence shall follow a unique numbering system, dictated by
the Court .
• Ticket types will consist of Criminal and Traffic for Municipal eCitation and Warning
Tickets .
• Charges identified will be specific to each Ticket type, as further defined during the
design phase.
• Ability for System Administrator to add/modify/delete statutes, codes, etc. as
further defined during the design phase.
ECS SERVER SOFTWARE
The Client will utilize the Hosted Tyler Brazos ECS server for all reporting, interface and
administrative functions. There are no li mitations to the number of users of the system and
any future hardware/software requirements or upgrades are the responsibility of the Client.
The ECS server provides the following benefits:
• Access to add/change/delete any dropdown on the PDA {i.e. offenses, streets,
officers, etc.).
• Access to all reports (i.e . STEP reportsl Citation Detail, and over 35 other standard
reports).
• Configuration and management of all users of the ECS for both the server and the
clients .
Exhibit D
• View and query images of citations captured via the mobile devices via internet
browser.
• Creation/modification of interfaces to new/existing systems.
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• Citation E~try Scfeen (CES) for entry of either paper tickets or modification to
previously captured information by an authorized _court assigned user (Program
should also have some. type of tracking capabilities for changes made in the CES).
The Citation Entry Screen (CES) will also be configured for the Client and available through
the locally-installed ECS server. The CES is configured with the same business rules as the
ECS client software, providing the Client with a complete solution for all citations
SYNCHRONIZATION (DEVICE TO ECS SERVER)
The Tyler Brazos Solution allows officers to create, save, and print citations or other record
types with or without network connectivity. When an officer creates a citation, it is saved
to non-volatile memory on the devic;e. The citation record can then be uploaded to the ECS
server via one of the following methods:
• Real-time via cellular connection (aircard required)
• 802.x wireless connection to hotspots
• Ethernet LAN connection (via placement in sync cradle)
The frequency and method of upload is defined and controlled by the Client via the Tyler
Brazos web-based configuration tool, BuildlT. Once uploaded, the data are processed
through the system according to the agency-specific workflow, which is also defined and
controlled by the Client via BuildlT. All new updates and changes are also passed from the
ECS Server to the device through this same process.
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Exhibit D
•· Attachment E -Project Deliverables and Project Schedule
PROJECT DELIVERABLES '
Existing Citation Process
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The. existing process flow will be identified and documented in partnership with the Client
and Tyler as a separate Appendix during the Design phase of the project.
Proposed System
The proposed process flow will be identified and documented in partnership with the Client
and Tyler a$ a separate Appendix during the Design phase of the project
Acceptance Testing Plan (ATP)
The ATP will provide the Client with the testing plan for verification of the installed system,
including interfaces, which will allow the Client to certify the ECS performs in according with
the requirements. The testing plan will include strategies and test cases to assist with the
verification. The Client will have the ability to certify the ATP prior to both the certification
from Tyler as well as the beginning of the acceptance test.
System Installation
TYLER BRAZOS ECS SERVER:
• Tyler will host the ECS server, database server and verify operation of the system. Any
hardware purchases required to meet system specifications are the responsibility of Tyler.
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TYLER CLIENT SOFTWARE:
The Tyler Brazos Client Software will be installed on any devices purchased through Tyler.
The initial installation will be completed by Tyler. If the Client elects to purchase hardware
through another vendor, the hardware will be sent to Tyler for off-site installation and
verification at an additional cost.
TYLER INTERFACES:
During the setup and configuration process, connectivity for any interfaces will also be
verified. The Client will provide Tyler personnel with the proper access to complete tasks
required to co,mplete this effort. Any installation requirements with regards to security or
setup must be provided to Tyler one-week prior to the scheduled interface testing.
HARDWARE IN VEHICLES:
Tyler will not install any hardware in the vehicles .
Exhibit D
Training
·orie;ationai Pilot-Tyler will provide full Train-the-Trainer training to the officers specified
,, _l:>y the Client to participate in the pilot (limit= 14 Officers). The training will consist of two
formal days of training.
• -. Day 1 should occur in a classroom settin~ where the officers will be thoroughly
exposed to training that covers the hardware, operating systems, application,
-troubleshooting, and proper care/maintenance.
• Day 2 is focused on field training and includes Tyler personnel at the side of the
Client officers, as the officers complete citations in "real world" environments.
This training may incorporate such tactics as DL checks, standard traffic stops, etc. to ensure
that all the officers involved are exposed to several different types of scenarios and receive
the maximum effective training. Upon completion of the field training portion, Tyler will
train the officers on how to review their citations via the web based tool and any workflow
processes specified by the Client. Tyler will also train any specified supervisors in
procedures for reviewing citations and voids, as well as statistical reports ..
Full Rollout -The Client will provide full training to the officers specified to participate in
Full rollout. The format of this training shall be the same as that of the Operational Pilot
training. Select officers from the Operational Pilot group who have been identified as "ECS
Trainers" will be utilized to assist in this training.
System Administrator-Instructor led, harids-on training will be provided for up to three {3)
City of Englewood Staff members who will ultimate be actively involved in administering the
ECS.
Acceptance
The purpose and the net result of the acceptance test is to determine that the ECS
proposed and installed meets the technical and functional requirements outlined in these
specifications. The ECS will be considered "acceptance test ready" once it has completed a
full system test, including interfaces and data conversion, with no know outstanding
material defects.
Tyler will provide the Client with a proposed "Acceptance Test Plan/I (ATP). The Client will
provide written approval that the proposed ATP is complete and acceptable.
During the Pilot Project, Tyler will work closely with the Client personnel to ensure that each
requirement specified in this Statement of Work is fully satisfied. Acceptance of the ECS
shall be by conformity to the written Acceptance Testing Plan. Any functionality processes,
or other aspects not specified in the approved Acceptance Testing Plan are considered out-
of-scope and would require a written and approved Change Order.
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Exhibit D
In accordance with the SOW, "Final Acceptance" shall mean written notice from the Client
that it has accepted the ECS following the 30 day Final Acceptance Period, during which
time the ECS has conformed in all material respects to the applicable specifications,
including any approved change orders for the ECS, with all defects discovered during the
acceptance period fixed by Brazos and tested and accepted by the Client.
Full Rollout
Upon completion of the Pilot Projec;t and written approval of the FINAL ACCEPTANCE, the
Client will initiate the full rollout of the ECS. Tyler will assist the Client by providing training
materials, support and consultation to the Client training officers.
Milestones
1) Contract Award
2) Contract Signature
3) Kick-Off Project
4) Sign-off of Work Plan by.CITY
5) Order hardware
6) Setup Configuration of ECS (off-site)
7) Create ATP Plan
8) On-Site testing
9) Training of 'Pilot Users'
10) Acceptance Testing by CITY
11) Final Acceptance
12) Full Rollout of First Phase
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Exhibit D
SCHEDULE
This schedule is a draft only. It does not represent a commitme_nt by Tyler or the
Client and will be modified post Kick-Off Meeting
T -Tyler, City of Englewood, J -Joint (both are responsible)·
1 Contract Award TBD J ··-.<
2 Contract Signature TBD ENGLE
WOOD
3 Kick-Off Project 2w 2w J Official Work
Plan
1 On-Site Meeting/Conference Call J
2 Gather requirements from all project ,pwners J
3 Build official Work Plan J
J Work Plan to be
4 Verify Work Plan with hardware vendors signed off by
Cit
4 Sign-off of Work Plan by CITY 3 Days 2.5w ENGLE
WOOD
5 Order hardware TBD T
6 Setup Configuration of ECS (off-site) 3 weeks 5.5w
1 Setup and Configure mobile software T
2 Receive all inCOIJling interface samples to ENGLE
load into mobile device from CITY WOOD
3 Setup and Configure all interfaces T Interface
Documentation
4 Layout the citation printouts T Sample Layouts
for A roval
6 Install mobile software onto CITY hardware T
off-site
7 Test solution using CITY hardware T
8 Create sample interface files for CITY J
s stems
9 Test sample interface files J
10 Approve sample interface files EC
7 Create ATP Plan 1w
1 Build ATP Plan T
2 Approve ATP Plan EC
8 On-Site testing TBD 6.5w
1 Test PDAs and connectivity to server T
2 Test all interfaces for server T
Exhibit D
3 Test web-citation entry screen T
4 Test web based reporting T
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5 Certify ECS based upon ATP -. -.•· T
9 Training of 'Pilot Users' 3d 7w
1 Train officers on Classroom Train-the-Trainer J
and Field Training
2 System Administrator Training J
3 Court Training
10 Acceptance Testing by CITY 32d TBD
1 Evaluate Hardware
2 Compile and Evaluate hardware observations
3 Finalize hardware selection
4 Initial Acceptance Test for "go live"
5 Initiation of Final Acceptance Period 30d
11 Final Acce'j:>tance 1d T the Client signs
off on project
12 Full Rollout of First Phase TBD
Task are TBD
Debrief of all
13 End of Phase I project
principals
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Exhibit D
SIGNATURES
IN WITNESS WHEREOF , .the parties have hereunder executed this Agreement effective as of the
date last signed_:
CITY OF ENGLEWOOD, COLORADO TYLER TECHNOLOGIES
Signed: _______ _ Signed: _________ _
Print Name: John Collins Print Name: _________ _
Title: Chief of Police Title: __________ _
Date: _________ _ Date : __________ _
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
January 19, 2016 11ciii Colorado Dept. of
Transportation E-Citation
Grant-Tyler Technologies
Agreement
Initiated By: Staff Source:
Police Department Deputy Chief Jeff Sanchez
PREVIOUS COUNCIL ACTION
Per Ordinance 55 (series of 2015), City Council has authorized our participation in the
Colorado Dept. of Transportation E-Citation Grant program.
RECOMMENDED ACTION
The Police Department is recommending that City Council adopt a sole-source
Resolution authorizing the Englewood Police Department to sign an agreement with
Tyler Technologies to purchase E-Ticketing equipment and software.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Colorado Department of Transportation (COOT) 405C Traffic Records Program
recently approved our application to purchase an E-Ticketing system that will be used
by Patrol, Traffic and Parking Control. This system will help improve the completeness,
accuracy, and uniformity of citations written by our officers; reduce the need for manual
entry into our Records Management System (RMS); and will eliminate the need for
citations to be hand-delivered to Municipal Court when using this system.
The Police Department is asking to sole-source this request for the following reasons:
• Tyler Technologies (formerly Brazos) is considered the leader in E-Ticketing.
Currently, they are working with the following departments in Colorado:
Colorado Springs PD, Aurora PD, Douglas County SO, Arapahoe County SO,
Centennial PD (under Arapahoe County SO project), Adams County SO, Thornton
PD, Arvada PD, Greenwood Village PD, Longmont PD, Lafayette PD, Federal
Heights PD, Ft Lupton PD, Evans PD, Campo PD, Parker PD, Littleton PD, Loveland
PD, Northglenn PD, Eagle County SO, Gypsum PD (under Eagle County SO), Vail
PD, Avon PD, Eagle PD, Elbert County SO, Castle Rock PD, Golden PD, Lone Tree
PD (In contract phase) .
• At a kick-off meeting with COOT representatives, they advised Tyler is the most
popular vendor and is used by 70% -80% of the departments submitting grant
requests .
• Tyler is totally compatible with our current RMS system and is a partnered vendor
with Logistic Systems (LogiSYS).
• Tyler already has an interface with Judicial Enforcement Management System
(JEMS) which is used by our Municipal Court . Although we still need to pay for this
interface, it is far less expensive than if we were starting anew with a different
vendor.
• The Department previously obtained an estimate from another vendor (which is our
current e-ticketing vendor) to replace our current parking citation equipment and
software . Their estimate was 165% higher than Tyler.
FINANCIAL IMPACT
The quote from Tyler for equipment and software is $49,360.00.
The total amount of the grant is $94,356 .25 . COOT will pay 75% of the costs =
$75,485.00 . (We will initially be responsible for paying Tyler and will then request
reimbursement from COOT.)
The Police Dept. is required to provide a 25% match which equals $18,871.25. Our
match will consist of personnel salaries during the implementation of the system, to
include training, testing and initial use .
The funding for this purchase has been budgeted for in 2016 and will be paid from a
"Capital Reimbursable" account.
(In regards to the Ordinance 55 which is referenced under "Previous Council Action," I
inadvertently wrote down the wrong percentages -80% and 20%. It should have been
75% and 25% as stated above . The dollar amounts listed were correct.)
LIST OF ATTACHMENTS
Bill for an Ordinance
Tyler Technologies Agreement
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