HomeMy WebLinkAboutResolution - 2002-R0549 - Amendment To Original Software License And Services Agreement - SCT Utility Sys. - 12_19_2002Resolution No. 2002-R0549
December 19, 2002
Item No. 19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock Amendment #1 to the
Original Software License and Services Agreement dated August 12, 1999 with SCT
Utility Systems, Inc. Said Amendment is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 19th day of December , 2002.
C MOD-GUGAL, MAYOR
ATTEST:
CQ.............
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT
Sharlett Chowning, Managing Di for
of Information Technology
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Office Practice Section
CITY
Resolution No. 2002—RO549
December 19, 2002
Item No. 19
AMENDMENT TO
SOFTWARE LICENSE & SERVICES AGREEMENT
SCT UTILITY SYSTEMS, INC.
Carolina Research Park
9 Science Court
Columbia, SC 29203-9344
FAX Number (803) 935-8032
("SCT")
and
THE CITY OF LUBBOCK TEXAS
916 Texas Avenue
Lubbock, Texas 79401
PHONE Number (806) 775-2373
FAX Number (806)
("Licensee")
Original Software License and Services Agreement dated August 12, 1999 (the "Agreement').
This Amendment No. 1 (the "Amendment').
Effective Date of this Amendment: 2002 (the "Amendment Date").
LICENSEE AND SCT, intending to be legally bound, agree as follows:
1. Defined Terms. Unless specifically defined herein, all terms defined in the Agreement, shall have
the same meaning when used in this Amendment.
2. Amendment to and Modification of Agreement. SCT agrees to provide Licensee with the services
identified in the Statement of Work attached hereto as Exhibit 1. The fees payable to SCT under this
Amendment are in addition to, and not in lieu of, all other amounts that Licensee is obligated to pay SCT
under the Agreement.
3. Integration Provision. Except as expressly modified by this Amendment, the Agreement shall
remain in full force and effect. As of the Amendment Date, the Agreement, as further amended by this
Amendment constitutes the entire understanding of the parties as regards the subject matter hereof and
cannot be modified except by written agreement of the parties.
IN WITNESS WHEREOF, the parties have set their respective hands and seals below.
CT LICENSPI
By: By:
, 1—/ L� �� �� i V. �, Marc McDo al, Mayor
(Printed Name agd Title of Signatory) (Printed Name and Title of Signatory)
I ILv Ov December 19, 2002
Dat (Date)
A T:
Rebec a Garza, City Secretary
ff3�;ROVED TO CO�TENT: APPROVED AS TO FORM:
�
S arlettChowning, Mana2ino Director Info Technology Linda Chamales, Assistant.City Attorney
Resolution No. 2002-R0549
Exhibit 1
Statement of Work # SCTNOI
For
Professional Services
For Licensee
Ver. 1
Statement of Work
1. Introduction
This Statement of Work ("SOW") is made by and between SCT and Licensee pursuant to the terms and
conditions of the Agreement. To the extent there is any conflict between the terms of the Agreement and
the provisions of this SOW, the provisions of the Agreement will be controlling.
This SOW documents the responsibilities of the parties, and the services and Deliverables that SCT will
provide to Licensee for a Migration Assessment. The associated assumptions, definitions, estimated costs,
and estimated hours applicable to the Services to be provided are also contained within this SOW.
2. Assumptions
1. The project schedule set forth in Attachment A is a preliminary document that will be used as the basis
for the development of the Detailed Project Schedule. This preliminary plan is subject to change and
should not be considered static.
2. Licensee will provide appropriate resources on an as needed basis for the duration of the project.
3. This proposal assumes a Migration Assessment for the migration from version 2.2.2.1 of the Banner
Customer Information ("Banner CIS") Component System to version 2.2.3 of the Banner CIS
Component System version.
4. Licensee will provide all data processing equipment and peripherals necessary to enable SCT and it's
subcontractors to communicate with the applications remotely in order to provide off -site support.
3. Definitions
All capitalized terms used and not defined herein shall have the same meanings given them in the Software
License and Services Agreement.
"Change Request" means any request for a change to this SOW as specified in Section 5 of this SOW.
"Customizations" means those modifications and/or interfaces made to the Banner CIS Component
System. Also referred to as "Customization."
"Deliverable" means the services, documents and /or materials identified in Section 7 of this SOW.
"Work Effort" means the services rendered by the team of Licensee and SCT as specified in this SOW.
4. Scope
The Work Effort for this Migration Assessment has been divided into major activities as described below.
4.1 Project Kickoff
SCT will conduct a kickoff meeting with Licensee's management and core team. The purpose of the
kickoff meeting is to communicate the project schedule, the sequence of events, and the roles and
responsibilities of the participants for completing the Work Effort as defined in this SOW. The kickoff
meeting will also help to establish the project parameters and enables the parties to address concerns early
in the project.
4.2 Review Current Modifications
Through a review of Licensee's existing documentation (functional specifications, technical specifications,
change control documents) SCT will identify the Customizations made to Licensee's instance of the
Banner CIS Component System. Each Customization will then be classified by object along with a brief
explanation of the nature of the Customization. During this phase, SCT will also perform the following
activities:
❑ Identify Customizations that can be replaced with new functionality
❑ Review potential business process changes in order to eliminate Customizations
❑ Review Customizations with SCT Product Manager for potential inclusion into base
❑ Identify new rule and validation tables or changes to existing tables.
4.3 Evaluate Infrastructure
SCT will conduct an infrastructure evaluation to determine what changes to the operating environment, if
any, are required to support the new release. This evaluation will include a review of the following:
❑ CPU and memory needs
❑ Disk space requirements
❑ Hardware configuration
❑ Ancillary software requirements
❑ Version upgrades necessary to support the environment for the new release.
4.4 Prepare Migration Scope Document
The final phase in the Migration Assessment is the development of the Migration Scope Document. The
Migration Scope Document will contain the results of the Migration Assessment along with the estimated
work effort and estimated cost for migrating Licensee to the new release. This document will also contain
a tentative schedule for executing the migration.
4.5 Project Oversight
SCT will provide an "as needed" project manager who will be responsible for the overall of delivery of the
services contained within this SOW. The SCT project manager will have authority and responsibility to act
on behalf of SCT for all matters pertaining to the management of the SCT effort required for support of the
project. SCT will work jointly with Licensee's project manager throughout this effort.
5. Changes to this Statement of Work
Request for changes to this SOW, which will change the Work Effort, must be reviewed and considered as
a change which will be managed as outlined in this section. The investigation and implementation of
changes can result in modification to the estimated cost to Licensee or other conditions specified in this
SOW. The SCT Change Control Procedure to be utilized is as follows:
A Change Request is a formal statement of the change(s) being suggested to this SOW to document
timeline, cost, and scope issues as well as any other related project issues, which may or may not be a
change to the Work Effort (an example of a Change Request is provided in Attachment B). Either SCT or
Licensee may initiate a change by submittal of a Change Request to the other party. The cost of
investigating a Change Request may be billable at the time and material rates listed in Section 8 upon
mutual agreement of SCT and Licensee. The receiving party will have five (5) business days to agree to a
Change Request. If both parties agree to a Change Request, the change will be documented, signed by both
parties, and will become an attachment to this SOW. If agreement does not occur in five (5) business days,
4
the Change Request will be deemed to have been rejected. The Change Request will be evaluated and
approved for further action or rejected by the non -initiating party. Any approved Change Request must
include an agreement as to any additional charges to Licensee for the implementation of the Change
Request (i.e. any charges not already specified in this SOW or which are different than those in this SOW
will be denoted in the Change Request). Any additional services performed by SCT as a result of a Change
Request will be billed on a time and materials basis per the applicable rates as set forth in Section 8 of this
SOW. In the event that a Change Request is rejected, neither Licensee nor SCT will be obligated to
perform the changes identified therein. Both parties agree to negotiate any Change Requests in good faith
and not to unreasonably withhold, delay or condition consent to any Change Requests.
6. Licensee's Responsibilities
The following are the general responsibilities of Licensee:
(a) Provide a project manager for escalating contract issues and managing Licensee's resources.
Additionally the project manager will:
➢ Assume responsibility for the overall project management and achievement of the business
objectives guiding this project, of which the SCT services specified in this SOW are a part.
➢ Integrate the SCT detailed project schedule with Licensee's detailed project schedule with the
assistance of the SCT project manager to ensure that adequate Licensee support for project tasks
and project timelines are maintained.
➢ Commit Licensee's resources, negotiate contract changes to support the project, to act on behalf of
Licensee for all matters pertaining to the management of Licensee's effort required for support of
the project, and to work jointly with the SCT project manager throughout the project
implementation;
➢ Provide day-to-day direction to all members of Licensee's project team;
➢ Administer Change Order in accordance with the SCT Change Order procedures described in this
SOW;
➢ Review Change Orders with SCT to help determine the impact of the request and authorizing the
Change Orders, if approved.
(b) Participate in management meetings/conference calls for review, status, and issue management and
coordination.
(c) Review with SCT the business processes associated with the Customizations.
(d) Ensure that appropriate Licensee personnel are available to review the SCT deliverables in a timely
manner.
(e) Provide remote and on -site access to the baseline, development, and training instances as required by
SCT. For remote access this will require the setup and maintenance of multiple concurrent Laplink
sessions with a flexible security access plan mutually agreed upon by Licensee and SCT.
7. Deliverables
All Deliverables under this SOW will be provided in accordance with the Project Plan and will be governed
by SCT's standard methodologies and practices (i.e. task objectives/activities, Deliverable document
template formats, coding standards, and general practices/procedures).
For the purpose of this SOW, electronic media will be MS word 6.0 or 7.0 for text and MS Project 98 for
Project plans. The Deliverables are discussed in detail in the tables that follow.
tg E@
1.
Detailed Project Plan
e ._�_., ..�......,�
p 11,
1 44
To provide the detailed information in support of the delivery of the elements in the SOW.
1"3
A detailed task list, including schedules, and estimates to complete the migration.
v.
price
by
0.
SCT
F.
SCT manager, Licensee's manager
project project
� ha g aq3g a33.
MS Project 98
2.
.,;Y,
lo
Weekly Activity Status Reports
To provide clear on -going communications to any and all interested parties concerning the
ISur �F
d
status of the project.
Ongoing communication between the project managers will help to ensure that any
variances to the Project Plan are identified and addressed in a timely manner. The reports
will contain sufficiently detailed information to enable the Licensee to determine the status
of the Project and any variance from the Project Plan.
�M 4
SCT
SCT will provide the information to Licensee's project manager
D� aE'�
Hard copy and electronic media format and will be delivered/transmitted by the close of
�bl�
Vy
business on Friday of each week.
.
I fir;
3.
Migration Scope Document
" Ze'
To document the results of the technical and functional review during the Migration
' f r,,�r6
Assessment phase of the project.
a jfs,
A document containing the results of the functional review and the technical review as
�� ,� `u,Is,described
in Section 4.4 of this SOW.
SCT
rpa i o�
SCT business and technical analysts
Hardcopy and electronic media
0
Charges and Payments
This section contains an estimate of the critical activities and the related pricing. All services provided
under this SOW will be provided on a time and materials basis. As such, Licensee shall pay SCT for the
actual number of hours of services provided on each identified task, plus associated travel and living
expenses. Licensee will remit payment for each invoice by not later than thirty (30) days after receipt.
If additional work is required beyond the work described in this SOW, Change Control procedures will be
utilized to manage the required changes and determine the additional charges and associated time frames
requested for those additions/changes. Change Control procedures need not be utilized to the extent that
additional hours are required to perform any of the tasks identified herein.
Additional work will be billed monthly as incurred on a time and material basis using the rates outlined
below. Travel and living expense will also be billed monthly as incurred. The time and materials rates
listed below are effective for a period of twelve (12) months following the Effective Date. Thereafter,
SCT's then -current rates will apply. SCT will invoice Licensee for all services and applicable charges on a
monthly basis, as SCT renders the services or Licensee incurs the charges, as applicable.
.;
r
$ 165/hour
Business Analyst
Database Analyst
$ 170/hour
Functional Trainer
$ 170/hour
Installer
$ 165/hour
Programmer Analyst
$ 165/hour
Programmer -Conversion
$ 165/hour
Project Manager
$ 1801hour
Technical Project Lead
$ 170/hour
Technical Trainer
$ 170/hour
Technical Writer
$ 165/hour
Test Analyst
$ 165/hour
7
Resolution No. 2002-RO549
Attachment A — Sample Project Plan
8
Resolution No. 2002—RO549
Attachment B - Sample "Change Control' Document
For internal use only
E
P
C
SCT Change Control Form
Part I —Chao a Request Information
Project Name:
Approval for investigation at T&M
rates:
SCT PM:
Licensee PM:
Licensee Reference #:
Date Requested:
Requester:
❑ Custom ❑ Base
Project Phase / Reference Document #:
Basis for Change:
❑
Scope
❑ Scope
❑
Resource Allocation
❑ Project Definition
❑
System Environment
❑ Functional Design
❑
Subsystem Interface
❑ Technical Design
❑
Procedure/Policy
❑ Construction
❑
Resolution of Issues
❑ Testing/QA
❑
Project Assumptions
❑ ESS
❑
Regulatory Requirements
Dcvcriplion(Lulifi cat i on'.
Part H—Approvals
❑ Approve
❑ Cancel
❑ Defer
Licensee Signature
Date
SCT Signature
Date
SCT Signature
Date
Inaact Analysis
Analyst Assiened:
Target Date.
Estimated Hours, by Object:
Impact on Budget / Charges or Credits:
Impact on Delivery Dates / A re�Upon Payment Dates:
Impact if Change Request is Denied:
Document Change Log
Document
Assigned To
Date Due
Completion
Comments
Technical Spec
Functional Spec
Proj Definition
Release Notes
User Doc
10