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CM-2023-263 - 11/3/2023City of Round Rock, TX Cityworks Support Services September 6, 2023 Page 1 of 4 STATEMENT OF WORK Support Services for Cityworks PLL Configuration, Crystal Reports, Customizations and Timmons Group PLL Portal Enhancements PREPARED FOR 08/25/2023 City of Round Rock, TX Cityworks Support Services September 6, 2023 Page 2 of 4 This is a Support Agreement (the “Application Support Agreement”) dated _____________, 2023 by and between Timmons Group, a Virginia corporation having its principal place of business at 1001 Boulders Parkway, Suite 300, Richmond, Virginia 23225 (“TIMMONS”) and the City of Round Rock, TX (“CUSTOMER”) with an address of 221 East Main Street, Round Rock, TX 78664. This software support agreement is for the following software, (the “Software”) in this agreement: Cityworks PLL Configuration, associated Crystal Reports, Customizations, and Timmons Group PLL Portal Enhancements The CUSTOMER would receive support for the maintenance and support of Cityworks AMS configuration and supporting Crystal Reports developed by TIMMONS for the CUSTOMER. Support as defined in this Scope of Work will conclude at a time when all contracted hours have been completed. The following are the terms and conditions under which TIMMONS provides Maintenance and Support (the “Support”) for the Software indicated above. 1.Support A.Hours of Support Availability. Payment of the standard Support Charges (as defined in Section 5) entitles CUSTOMER to Support during the Principal Period of Maintenance (“PPM”). The PPM is an ten hour continuous daily time period between the hours of 8:00 AM and 6:00 PM, EST, Monday through Friday, excluding holidays or such holidays as observed locally by TIMMONS. All Support subsequently added shall have the same PPM. Requests made by the CUSTOMER outside of the PPM will be given all reasonable efforts to be completed by TIMMONS, with the understanding that availability should be planned ahead of time between TIMMONS and CUSTOMER if at all possible if work is needed outside of PPM hours. B.Scope of Support. Support includes the response to and resolution of CUSTOMER- encountered problems with the Software relating to TIMMONS configuration as reported to TIMMONS by the CUSTOMER. Resolution of CUSTOMER-encountered problems shall consist of (1) support provided through electronic support; or (2) correction of any defect in the Software program resulting from TIMMONS configuration or development that materially and adversely affects the use of the Software; or (3) delivery of workarounds limited to the current or immediate prior Software release. TIMMONS will use commercially reasonable efforts to respond to CUSTOMER requests according to the priority level of the request. TIMMONS will resolve the CUSTOMER’s request as described in the request. Any rendering of supplemental maintenance Support by TIMMONS, including extended coverage, support, workarounds, or fixes that exceed the allotted contractual limit of hours, and upgrade of Software releases and consulting will be performed at TIMMONS discretion upon receipt of a Work Order or appropriate payment, and, if performed, will be charged to CUSTOMER at current prices and terms then in effect. The CUSTOMER will be proactively informed if the supplemental maintenance described above will exceed the Not to Exceed (NTE) amount described below and have an opportunity to decline the supplemental maintenance. C.Support Limitations. Any Support is dependent upon the use by CUSTOMER of unmodified Software (except as authorized by TIMMONS pursuant to a Professional Services Agreement) operated in accordance with TIMMONS’ documentation. 2.CUSTOMER’s Responsibilities. A.CUSTOMER is responsible for performing data and software back-ups in accordance with published documentation. B.CUSTOMER shall notify TIMMONS of any Software failure and shall allow TIMMONS reasonable access to the Software for performing Support. CUSTOMER must provide TIMMONS with secure access to the Software to perform remote support. C.CUSTOMER will designate no more than five (5) Authorized Contacts as trained System Administrators trained in the server architecture / environment, database, and supporting products installed, and familiar with the TIMMONS tools and applications purchased by the CM-2023-263 Nov. 3, City of Round Rock, TX Cityworks Support Services September 6, 2023 Page 3 of 4 CUSTOMER. Support requests must be placed to TIMMONS by an Authorized TIMMONS contact. D.CUSTOMER will contact TIMMONS through the TIMMONS Support Portal: Teamwork. i.i. CUSTOMER requests that TIMMONS place an hourly estimation for Support requests. Should CUSTOMER approve Support requests at that time, TIMMONS will begin Support remediation with the understanding that requests may require more t ime than estimated. ii.CUSTOMER approved Support requests placed to TIMMONS through Teamwork may incur a minimum usage of two (2) support hours by the CUSTOMER regardless of the outcome of said request to account for investigation by TIMMONS. 3.Limit of Liability. TIMMONS will not be responsible to CUSTOMER for loss of use of the Software or data or for any other liabilities arising from the use, alterations, additions, adjustments or repairs which are made to the Software by third parties other than authorized representatives of TIMMONS, or at the direction of TIMMONS. 4.Term and Applicability to Other Agreements. The term of this Agreement shall commence upon signing and conclude when all hours have been exhausted. Thereafter, this Agreement shall not be renewed unless CUSTOMER notifies TIMMONS in writing at least thirty (30) days in advance of the scheduled expiration date. TIMMONS reserves the right to terminate this Software Support Agreement upon written notice to CUSTOMER if any such alteration, addition, adjustment or repair adversely affects TIMMONS’s ability to render Support to the Software. 5.Support Fees Definition. “Support Fees” are the total charges for the Support Program set forth in the Scope of Work. Fees. CUSTOMER agrees to pay those fees specified herein. The fee of nineteen thousand and two hundred dollars ($19,200) for one hundred twenty (120) hours of support at a billing rate of $160 per hour. If onsite support is required, then travel and lodging costs will be charged separately. Invoices. Support Charges will be invoiced as used. CUSTOMER shall pay all invoices not in dispute in full within thirty (30) days of receipt of the invoice. All amounts payable under this Software Support Agreement shall be paid in United States Dollars. Default. CUSTOMER will be in default if amounts not in dispute due within thirty (30) days after receipt of invoice have not been paid or CUSTOMER fails to perform any of its obligations hereunder. CUSTOMER’s default will constitute sufficient cause for TIMMONS to suspend or terminate Support under this Software Support Agreement. 6.Limited Warranty. The support obligations set forth in this software support agreement are in lieu of all warranties, express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose. Support provided under this software support agreement does not assure the uninterrupted operation of the software. This software support agreement does not extend or replace the software warranty as defined in the software development agreement. 7.Sole and Exclusive Remedy. In the event that TIMMONS is unable after reasonable efforts to provide a correction or workaround, CUSTOMER may terminate this agreement. 8.Insurance: TIMMONS shall furnish to the CUSTOMER Certificates of Insurance in the coverage amounts required by the CUSTOMER and thirty (30) days written notice for any change, cancellation, or non-renewal. 9.Anti-Boycott. In accordance with Chapter 2271, Texas Government Code, TIMMONS agrees that it: (1) does not boycott Israel, and (2) will not boycott Israel during the term of this agreement. City of Round Rock, TX Cityworks Support Services September 6, 2023 Page 4 of 4 By executing this agreement, CUSTOMER acknowledges that it has reviewed the terms and conditions listed below and agrees to be legally bound by each such agreement. CUSTOMER, by its signature, acknowledges that this agreement contains certain limitations of liability and certain warranty disclaimers. City of Round Rock, TX TIMMONS GROUP _________________________________ _________________________________ Signature Signature _________________________________ _________________________________ Title Title _________________________________ _________________________________ Date Date Ronald R. Butcher Dir. Asset Management Services 10/12/2023 City Manager 11/03/2023