98-22997 RESO
RESOLUTION NO.
98-22997
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS AND CONTRACT WITH SIERRA COMPUTER
SYSTEMS, PURSUANT TO REQUEST FOR PROPOSALS NO. 55-97/98 (RFP), TO
PROVIDE A VIOLATIONS/INSPECTIONS/PERMITTING SYSTEM, AND WITH
INFORMATION DISCOVERY SYSTEMS FOR RELATED DATA CONVERSION
SERVICES, IN A TOTAL AMOUNT NOT TO EXCEED $179,777, AND TO
AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT.
WHEREAS, the City issued Request for Proposals No. 55-97/98 (RFP) on May 12, 1998
to replace the Land Management System; and
WHEREAS, notices were mailed to 101 firms, and eleven (11) prospective proposers
requested the specifications resulting in five (5) timely responses by Open Data Systems; Sierra
Computer Systems; HTE; Tidemark Computer Systems; and Virtual Data Systems, respectively; and
WHEREAS, an Evaluation Committee met on November 10, 1998, and selected the system
proposed by Sierra Computer Systems because it offers greater flexibility in adapting to the City's
business processes and offers a more cost effective solution; and
WHEREAS, the City Manager has reviewed the responses and the recommendations of the
Evaluation Committee and concurs with the Evaluation Committee's recommendations.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Administration to enter into negotiations and contract with Sierra
Computer Systems, pursuant to Request for Proposals No. 55-97/98 (RFP), to provide a
Violations/Inspections/Permitting system, and with Information Discovery Systems for related data
conversion services, in a total amount not to exceed $179,777; and further authorize the Mayor and
City Clerk to execute the contract.
PASSED and ADOPTED this 16th day of December, 1998.
WfJ!
MA YOR
r;;;:~ p ~ W----
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
o ~ i7. /' No Lf'i
~ Dat.
~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\ci.miami-beach. ft.us
COMMISSION MEMORANDUM NO.
<8 39 -~8
TO:
FROM:
Mayor Neisen O. Kasdi)l and DATE: December 16, 1998
Members of the City 7mmission
Sergio Rodriguez .r. ...__---
City Manager /~~tJ.
L:
A Resolutiop' ofthe Mayor and City Commission ofthe City of Miami Beach, Florida,
Authorizing the Administration to Enter into Negotiations and Contract with Sierra
Computer Systems, Pursuant to Request for Proposals (RFP) No. 55-97/98, to Provide
a Violations/Inspections/Permitting System, and with Information Discovery Systems
for Related Data Conversion Services, in an Amount not to Exceed a Total of
$179,777, and to Authorize the Mayor and City Clerk to Execute the Contracts.
SUBJECT:
ADMINISTRA TION RECOMMENDATION
Accept the ranking recommended by the City Manager, and authorize the Administration to negotiate a
contract with Sierra Computer Systems, Inc. (Sierra); and to award contracts to Sierra and to Information
Discovery Systems (IDS), in an amount not to exceed a total of $179,777.
FUNDING
Funding is available from the Information Technology Internal Services Fund.
BACKGROUND
Since 1988, many City departments have used a computer system called the Land Management System
(LMS) to integrate various administrative functions related to land use, licensing and code compliance.
In essence, the LMS coordinates all the permitting, approvals, inspections, licensing and accounting
involved with land use within the City. It allows for the ability of City employees to display administrative
transactions, retrieve information necessary for code compliance and planning, and print licenses and
permits. It is an integral system necessary to the daily functions ofthe City.
The current system is ten years old and is antiquated. It is unable to verify whether a permit applicant owes
outstanding fees to the City, lacks the proper interface with the City's financial systems for integrated
billing and lacks functionality which would enhance efficiency of City employees. Furthermore, and more
importantly, the system is not Year 2000 (Y2K) compliant. The current system issues building permits
calculating the expiration date six months into the future. Accordingly, as of July 1999, the system will
fail because it will not be able to process permits with expiration dates beyond January 1, 2000.
ent and BCicll;et
AGENDA ITEM
Cl\1
DATE~ L- \lo-9~
A new system is necessary to resolve these problems. Therefore, the City of Miami Beach issued Request
for Proposals (RFP) No. 55-97/98 on May 12, 1998 to replace the Land Management System. Notices
were mailed to 101 firms, and 11 prospective proposers requested the specifications. The responses for
this RFP were due on June 11, 1998. Five proposals were received from the following vendors: Open Data
Systems, Sierra Computer Systems, HTE, Tidemark Computer Systems and Virtual Data Systems.
An evaluation committee was recommended by the City Manager and approved by the Mayor and City
Commission. The members were:
. Donna Romito, Info & Permit Support Division Chief, Miami-Dade County
. Laura Manos, Computer Services Manager, Miami-Dade County
. Annie Kokenge, Senior systems Analyst, City of Miami
. Hamid Dolikhani, Assistant Director, Building Department, City of Miami Beach
. Al Childress, Director, Department of Code Compliance, City of Miami Beach
. Lisa Martinez, Clerk of the Special Master, Department of City Clerk, City of Miami Beach
. David Goldberg, Fire Prevention Supervisor, Fire Department, City of Miami Beach
. Leonardo Francis, Engineering Assistant, Public Works Department, City of Miami Beach
. Phyllis Koch, Information Technology Director, City of Miami Beach
(10/19/98: replaced by Robert Parcher, Acting Director, Information Technology, City of Miami Beach)
ANAL YSIS
The Evaluation Committee appointed Phyllis Koch as chairperson and developed the following project
methodology:
1. The Evaluation Committee members reviewed the RFP response to rank the respondents on the
following criteria, as stated in the RFP:
*
*
*
*
*
*
Responsiveness to the technical requirements,
Proposer's Qualifications, Experience and Professional Reputation,
Price,
Project Plan,
Training Plan,
Acceptance Plan,
Warranty/Maintenance Plan, and
Success of similar/equivalent installations and time frame to install.
*
*
2. The Evaluation Committee met on July 9, 1998 to review and discuss all five proposals. The
committee agreed to eliminate the proposal of Virtual Data Systems based on the fact that their system
would be developed from scratch and the City of Miami Beach would become the initial test site. This
was considered unsatisfactory due to concerns over the ability of any vendor to produce a viable system
within the given time constraints. No other decisions were made regarding the other four proposals.
3. The Evaluation committee met on August 6, 1998 and agreed to eliminate the proposal from TideMark
due to a lengthy implementation history and the employment of only two full time system support
specialists. OpenData Systems was also eliminated because the committee determined that the
company did not have the manpower to implement the system within the required time frame, nor to
provide the necessary ongoing support of the system. In addition to no live sites in the State of Florida,
Open Data recommended against converting the existing data onto the new "live" system which is
critical to the needs of the City. Although Open Data was willing to do such a conversion, it is unlikely
that they could meet the target date. In summary, all committee members agreed that this left the
proposals from Sierra Computer Systems, and HTE as the top two proposals to be evaluated.
Chairperson Phyllis Koch scheduled demonstrations and site visits with both firms to evaluate the
proposed software at "live sites".
4. The Evaluation Committee met on October 29, 1998 and appointed Robert Parcher as chairperson to
replace Phyllis Koch. Committee members discussed their findings after reviewing the demonstrations
of the software of both firms. After discussions, a list of final questions were sent to the two firms for
answers in order for the committee members to make a final selection.
5. The Evaluation Committee met again on November 10, 1998 to review and discuss the answers
received from both firms and unanimously recommended that the City pursue the Sierra Computer
Systems software. The Evaluation Committee agreed that the system proposed by Sierra Computer
Systems offers greater flexibility in adapting to the City's business processes and offers a more cost
effective solution.
Cost Comparison Chart:
.. i i i Sierra Sierra Cost Breakdown
&~ & ...........
Software $365,802.00 $45,917.00 $43,517 (Sierra Software)
$2,400 (SQL Software Licenses)
Hardware $109,194.00 $20,000.00 $20,000 (SQL Server + NT 4.0)
Training $47,000.00 $19,280.00 $8,800 (Power & Production)
$6,800 (Expenses)
$3,680 (Travel)
Additional Training N/A $22,980.00 $5,500 (5 days Production Training)
$3,400 (Training Expenses)
$1,840 (Training Travel)
$7,000 (DBMS Assistance)
$3,400 (DBMS Expenses)
$1,840 (DBMS Travel)
Migration Programs Yet To Be Developed $21,600.00 $21,600 (Migration Programs)
Consultant Services N/A $50,000.00 $50,000 (IDS)
Total $521,996.00 $179,777.00
6. The RFP required a "live" date of July 1, 1999. Sierra responded to this RFP in June 1998 under the
assumption that the vendor selection would have been made by July 1, 1998 as stated therein. In order
to achieve a July 1, 1999 "live" date, the Evaluation Committee found it imperative to secure the
services of a seasoned consultant to perform the task of data conversion and migration to the new
hardware. The Evaluation Committee found that consultant services are being acquired at a record rate
due to concerns over Y2K. In addition, many of the consultants are not familiar with the conversion
process for the Sierra system. Information Discovery Systems (IDS) has the necessary experience
regarding the Sierra system conversion, comes higWy recommended from other similar sites utilizing
Sierra software, and offers a timely solution for conversion processing. According to IDS, the
conversion process could be completed within 42 days as opposed to 279 days (nine months) utilizing
a combination of Sierra and IT staff. As a result, the Evaluation Committee found it critical that the
City of Miami Beach secure IDS consultant services before these services are committed elsewhere.
7. Concerning training issues, the Evaluation Committee agreed that the current system was not being
utilized to this fullest potential. Reasons for this stem from the following:
a. Under-Utilization of System Resources:
Users tend to be unaware of what the system could do to save time and/or meet their
information needs. In addition, the majority of LMS users are not computer systems
literate and are not acquainted with Windows.
b. Lack of Available LMS Training:
Current users are under-trained and simply do not know what the system can do. Lack of
training has an additional downside in the loss of innovative system modifications. Users
are usually the ones that come up with innovative ideas for enhancing workflow processes
through computer automation.
c. Interest from Other Departments:
Other departments have indicated an interest in using the LMS system to monitor
departmental activities. They know that LMS could automate and track their application
processes but they do not have the necessary training to get started.
d. Level of Technical Support:
The majority of user departments rely solely on the Information Technology Department
for technical assistance whether in simple report writing or complex data retrieval.
Unfortunately, LMS system support has dwindled from four employees to one. This limits
the amount of assistance and training that can be offered.
In light of these discussions and in review of the training offered in the RFP, the Evaluation Committee
found the training schedule to be insufficient to train employees to the skill level required. The
Evaluation Committee recommended the all training be presented on-site and recommended a
substantial increase in the training hours. This was recommended in order to process a large number
of system users and to arrange training with minimal interruption to departmental operations.
8. The Evaluation Committee addressed two additional issues: the ability of the system to produce an
audit trail, and the capability to interface with handheld devices. The audit trail is a requirement of the
Internal Audit Department, and the handheld devices will be used in the field by the Building, Fire, and
Code Compliance departments.
The Evaluation Committee determined that there are at least two methods for producing an audit trail.
Both methods will be tested to determine which one best meets the City's needs.
The second phase of the project and an important requirement is the ability to provide information to
the City's field staff. The Information Technology Department (ITD) staff and the system provider,
Sierra, have determined that the Sierra software can interface with a wide variety of handheld devices.
ITD and Sierra will develop the Request For Proposals specifications to acquire handheld devices
which best meet the needs of the City. The cost of the handheld devices and any associated hardware
and software are not included in this recommendation.
CONCLUSION
In accordance with the terms of the RFP, the Evaluation Committee unanimously ranked the Permits Plus
software from Sierra Computer Systems as number one. The City Manager concurs with the Evaluation
Committee's ranking of proposals and agrees with the need for additional training requirements and for
consultant services due to Y2K compliance requirements and time limitations. The City Manager thus
recommends that the Mayor and City Commission accept the ranking and authorize the Administration
to enter into negotiations and contract with Sierra Computer Systems, pursuant to Request for Proposals
(RFP) No. 55-97/98, to provide a Violations/Inspections/Permitting System, and with Information
Discovery Systems for related data conversion services, in an amount not to exceed a total of $179,777,
and to authorize the Mayor and City Clerk to execute the contracts.
SR:~:RP
~
SIERRA ~ _,'~~
COI\IIPUTER SYSTEMS. INC.
City of Miami Beach, FL
Amendment to 'PERMITS' Plus @ License Agreement
AIO.OO. SCSI INSTRUCTIONS
.01. SCSI shall be responsible for delivery of the Licensed Software Source Code to SCSI's escrow account.
Licensed Software Source code will be made available from the escrow agent to User if:
a) The most current version of the "Software" is not supported by SCSI.
In such case, copies of the Software written by SCSI and documentation will be provided to the User under the
terms of the Maintenance Agreement. Source Code (most current version) will be made available for a fee equal to
the License Fee. User has unrestricted access to all software it has accepted from SCSI, but may not transfer source
code or documentation to any other agency, commercial or private business under any conditions.
The fee for the Source Code will be as follows:
32 Concurrent User License Fee for 'PERMITS' Plus @
Client Server Option for MS SQL Server
License Fee for 'PERMITS' Voice ™
$24,095.00
$ 3,000.00
$ 5,000.00
TOTAL
$32,095.00
User J/lL
SCSI
J;(t-
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~
AttorMY
~/ :;..7/1f
'D~
1731 W. WALNUT AVE., VISALIA, CA 93277
PHONE: 559.627.1959 FAX: 559.627.4906
E-MAIL-scsi@permitsnet.com
INTERNET - http://www.permitsnet.com
'PERMITS' Plus @ VERSION
AGREEMENT BETWEEN
Sierra Computer Systems, Inc., hereinafter referred to as SCSI, and Citv of Miami Beach, FL hereinafter referred to as User.
Executed this ~day of.kl, 1999.
User must execute this agreement and return to SCSI by Februarv 15,1999 to be valid.
RECITALS
SCSI provides the 'PERMITS' Plus@ System, hereinafter referred to as "Software".
SCSI provides this "SOFTWARE" and licenses its use.
Customer
City of Miami Beach, FL
1100 Washington Ave., 4th Floor
Address
City/State/Zip
Miami Beach, FL 33139
Product Name
'PERMITS' Plus @
SCSI Reference
WIN-066
Release No.
3.1.108 or Higher
No. of Licenses
32
License Fee
$25,000.00
$ 3,000.00
$11,172.50
$ 7.000.00
$46,172.50
Basic Migration Services
Client Server Option for MS SOL Server
One Year Maintenance
Connectivity Assistance for 'PERMITS' Voice ™
TOTAL
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN SCSI AND USER
GENERAL CONDITIONS OF 'PERMITS' Plus@ LICENSE
A 1.00. HEADINGS. Headings are for convenience only and shall not be deemed to be part of this Agreement.
A2.00. MODIFICATION. No modification or variation of this Agreement shall be valid unless in writing signed by both parties.
A3.00. SEVERABILITY. If any provision of this Agreement shall be construed to be illegal or invalid, the legality or validity of any other provision
hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have
the broadest scope permissible under the law of said jurisdiction, and if no validating construction is possible, shall be severable, and all other
provisions hereof shall remain in full force and effect.
M.OO. DELAYS.
.01. Neither party shall be liable, in damages or otherwise, for any delay in the installation and implementation of the "Software" or any
component thereof or any service to be rendered by it hereunder, or for failure to give notice of any delay, when such delay is due to the elements,
acts of nature, acts of civil or military authorities, acts of the other party which are not provided for in this Agreement and which cause unreasonable
delays in this Agreement by the other party, any delay in transportation or delay in delivery by its vendors beyond its reasonable or actual control, or
any other causes beyond the reasonable or actual control of the party. Each party's schedule of performance shall be extended by a period of time
equal to the time lost because of any such delay, provided written notice has been given to the other party of such delay and its estimated duration,
within five (5) days of the time the party has actual knowledge of such delay.
.02. Notwithstanding the foregoing, in every case, the delay or failure to perform must be beyond the control, and without the fault or
negligence of, the party claiming excusable delay.
A5.00. PAYMENT.
.01. The sum of $ 46.172.50 for the "Software" services shall be paid as fOllOWS:
miami_beach-I
~~
USER_ SCSI /(?r---
34% Upon Signing of License Agreement
33% Upon City receiving Migration Programs
33% Upon City using 'PERMlTS' Plus @ for the issuance of permits for 60 days
$15,698.64
$15,236.93
$15,236.93
.02. User agrees to pay any tax for which it is responsible hereunder, or which is assessed against User, exclusive however, of income
taxes based on the income of SCSI. If any such tax is paid by SCSI, to reimburse SCSI therefore upon receipt by User of proof of payment.
.03. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreements or implied covenant shall be held
to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both User and SCSI.
.04. This License fee does not include Installation Services as specified in Exhibit A..
A6.00. PATENT AND COPYRIGHT INDEMNITY.
.01. SCSI agrees to defend, hold harmless and indemnify User from and against any claim, action, liability, cost or damage for
infringement of any patent, copyright or similar property right (including, but not limited to, misappropriation of trade secrets) based on any software
or any other materials furnished hereunder by SCSI. SCSI shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise, unless otherwise mutually agreed to in writing by the parties hereto.
A7.00. RELATIONSHIP OF PARTIES.
.01. At all times during the term of this Agreement, SCSI shall be an independent contractor and shall not be an officer, agent, or
employee of User. User shall have the right to control SCSI only insofar as the result of SCSI services rendered pursuant to this Agreement.
.02. Nothing contained in this Agreement shall be deemed to create a partnership or joint venture. Neither party shall incur any debts or
make commitments for the other party.
A8.00. "SOFTWARE" SECURITY AND ACCESS.
.01. Each party acknowledges that all information concerning the other party is "Confidential and Proprietary Information". Each party
agrees that it will not permit the duplication, use or disclosure of any such Confidential and Proprietary Information to any person (other than its own
employees and agents who must have such information for the performance of obligations under this Agreement), unless authorized in writing by the
other party, as allowed by statute.
.02. All financial, statistical, personnel, technical, and other information or data relating to the User, which is designated confidential by the
User but made available to SCSI in order to carry out this Agreement, will be protected by SCSI from unauthorized use and disclosure. SCSI shall
also observe the same or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI will instruct its
personnel to keep such information confidential. SCSI shall not be required to keep confidential any data or information which is or becomes
publicly available, is already rightfully in SCSI's possession, is independently developed by SCSI outside the scope of this Agreement, or is rightfully
obtained from third parties.
A9.00. USERS INSTRUCTION.
.01. SCSI shall be responsible for ensuring that its employees, servants, and agents will, whenever on User's premises, obey all
reasonable instructions and directions issued by User.
.02. Unless otherwise agreed to by the parties, SCSI personnel, while working on User's premises, shall observe the working hours,
working rules and holiday schedules of User applicable to such User premises. User agrees to provide reasonable working space, resources and
materials which are necessary for the performance of services under this Agreement, provided, however, that such working space, resources and/or
materials are agreed upon by User for such services and the use of any such working space, resources and/or materials is arranged so as to
minimize any disruption to User's normal business operations.
.03. User shall be responsible for the input of all data into the computer memory and for reconciliation and accuracy of that data and for
taking such administrative steps necessary to input that data.
.04. User acknowledges that (I) any modification, change, addition or substitution to the "Software" or Data Base structure made by the
User or any other third party (ii) any interfacing of the "Software" or Data Base with any other program, programs or any other routines, or (iii) any
changes to the operating environment may cause "Software" performance degradation or malfunction. User further acknowledges that any
corrections to degradation or malfunction caused by such modifications, interfacing or change shall be made at the sole request and expense of
User, and SCSI shall have no responsibility for any consequences thereof.
.05. The "Software" product, data structure, field descriptions, field definitions, and data relationships are subject to change without
notice. These changes may result from product development, enhancements, additional features, bug fixes and/or circumstances beyond the
control of SCSI. Additional tables and relationships may be added or removed as product development standards dictate.
Third party applications (those applications or facilities not supplied by SCSI) which may utilize and rely on the data structure and specific
relationships may be adversely affected by these changes. Third party applications may be rendered inoperative, or produce results which are
inaccurate or unreliable due to modifications of the data structure. These anomalies, when created by changes in the "Software" data structure,
within third party applications are not the responsibility of SCSI nor covered under any level of software maintenance agreement.
miamCbeach-1
2
USER_scscd-:2.--
.06. SCSI, as a policy, does not provide assistance or additional activity development on permit or activity types which have been
developed by non-SCSI employees running in conjunction with the "Software". SCSI has no certification program for third party providers of
developmental services within the "Software", nor does SCSI recommend the use of third party assistance providers. Activities and permits
developed for agency use are not covered by any level of software maintenance.
.07. SCSI recommends and supports the network configurations as specified in the most recent release of the "Software"
implementation guide. No other network configurations, specifically any configurations differing from those specifications are supported and/or
covered by any level of software maintenance. Any assistance rendered in support of configurations not specifically approved in advance will
be billed at the prevailing time and materials rates for such assistance.
.08. SCSI shall be entitled to rely upon as accurate and correct any specifications, criteria, maps or any other data furnished by User
or others. If subsequent errors are discovered in data furnished by User which necessitate redoing services, SCSI shall be compensated for
such extra services. SCSI shall not be liable to User for errors or omissions in data furnished by User.
A 10.00. SCSI INSTRUCTIONS
.01. SCSI shall be responsible for delivery of the Licensed Software Source Code to SCSI's escrow account. Licensed Software Source
code will be made available from the escrow agent to User if:
a) The most current version of the "Software" is not supported by SCSI.
In such case, copies of the Software written by SCSI and documentation will be provided to the User under the terms of the Maintenance
Agreement. Source Code (most current version) will be made available for a fee equal to the License Fee. User has unrestricted access to all
software it has accepted from SCSI, but may not transfer source code or documentation to any other agency, commercial or private business under
any conditions.
.02. The contractor warrants that each item of software delivered, developed or modified under this contract shall be able to
accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the
twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the item documentation provided
by the contractor. The duration of this warranty and the remedies available to the City for breach of this warranty shall be as defined
in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any
provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), the remedies available to
the City under this warranty shall include repair or replacement of any item whose non-compliance is discovered and made known to
the contractor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or
remedies the City may otherwise have under this contract with respect to defects other than Year 2000 performance.
YEAR 2000 REMEDY CLAUSE:
In the event of any decrease in software program functionality related to time and date related codes and internal subroutines that
impede the software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products,
agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as
warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the
essence.
A 11.00. APPLICABLE LAW.
.01. This Agreement shall be governed and construed under the laws of the State of Florida. Any action to enforce the provisions of this
Agreement shall be filed in a court located in the State of Florida.
A12.00. SOFTWARE LICENSE.
.01. SCSI grants and User accepts upon the terms and conditions contained herein, non-exclusive, non-transferable, perpetual license to
unlimited use of "Software" solely for User's own purposes. The license granted under this Agreement authorizes User to use the "Software" in
machine readable form by 32 concurrent users. The "Software" shall include in its meaning, documentation and technical information provided to
User in written form for use in connection with the software.
.02. SCSI warrants that it has good title to such "Software" and that User will have undisturbed use of the "Software" in accordance with
the terms of this Agreement.
.03. User expressly agrees that it will not sell, lease, assign or in any way transfer, such "Software" or any rights herein to any person,
partnership, corporation or other entity.
.04. User shall include and shall not alter, remove or conceal, any copyright, trade secret or other proprietary notices on the "Software".
.05. Title and ownership to the "Software" and Intellectual Property Rights is not hereby nor in any other way transferred to User. User
acknowledges that SCSI retains the exclusive right to sell, lease, license, assign, or otherwise transfer the "Software" (and any module thereof) and
that SCSI may enter into similar or identical conveyances of similar or identical rights with other SCSI clients.
miamLbeach-1
3
USER_SCSI/&-
.06. User may not cause or permit disclosure of, or access to, the License Software in whole, in part or in any form to any person, firm,
corporation or other entity who or which are not salaried employees or agents of the User without the expressed prior written consent of SCSI.
.07. The User acknowledges that the "Software" contains valuable proprietary information and trade secrets and that unauthorized
dissemination of the "Software" Programs (including, without limitation, disassembly, decompiling or reverse engineering) could cause irreparable
harm to SCSI.
.08. The User shall not make copies of the "Software" except that reserve copies of a magnetically recorded "Software" that is delivered on
tape or magnetic disk media may be made to protect against "Software" destruction for back-up procedures.
.09. The User may copy documentation for its own use provided that copyright and other proprietary notices on any copies are made in
accordance with SCSI or its supplier's instructions.
A13.00. WARRANTIES.
.01. SCSI warrants and represents that it has full authority to enter into this Agreement and to consummate the transaction contemplated
hereby and that this Agreement is not in conflict with any other Agreement to which SCSI is a party or by which it may be bound.
.02. SCSI warrants that the "Software" will meet all advertised specifications in our manuals.
.03. The software provided by SCSI under this Agreement is warranted to be free from reproducible defects until October 1, 2000. All
material and labor to repair any such defects will be provided free of charge for the full warranty period.
This warranty is void if:
(a) The "Software" is used in other than its normal customary manner;
(b) The "Software" has been subjected to misuse;
(c) The "Software" has been subjected to modifications initiated by the customer without the express prior consent and written approval of SCSI.
A14.00. WAIVER.
.01. It is expressly understood and agreed that no waiver granted by User for any violation of any covenant, term or condition of this
Agreement shall be construed to constitute a waiver of the same or any further violation without the prior written approval of the User.
A 15.00. RESOLUTION OF DISPUTES.
.01. It is anticipated that disputes between SCSI and the User will be resolved between the parties. Disputes or questions of interpretation
may be referred to a committee composed of representatives from SCSI and the User. The parties agree that in attempting to resolve disputes they
will act promptly, reasonable and in good faith.
A16.00. NOTICE. All notices, requests demands and other communication shall be in writing and sent by registered mail, certified mail or hand
delivery, addressed to the party's principal place of business herein written. Either party may by notice in writing, direct that future notices or
requests, or demands be sent to a different address. Notices given by mail shall be deemed given upon deposit in the United States mail. Notices
given by hand delivery shall be deemed given at the time of actual delivery.
SCSI Sierra Computer Systems, Inc.
1731 West Walnut Avenue
Visalia, California 93277
USER City of Miami Beach
1100 Washington Ave, 4th Floor
Miami Beach, FL 33139
User hereby acknowledges that User has read this Agreement, understands it and agrees to be bound by its terms and conditions. User further
agrees that it is the complete and exclusive Agreement between User and SCSI relating to the subject matter of this License. User acknowledges
receipt from SCSI of a true c~.gr of this A freemen!.
SCSI ~ //
By: .;(,.. ~..~
--
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Robert Ausherman, President
Sierra Computer Systems, Inc.
1731 West Walnut Avenue
Visalia, California 93277
Nei~~aSdin. Mayor
ATTEST:
mi"mC"''''-I{}(). .,V f~
~~her, City Clerk
Typed:
USER
1I{~tI- .
I orney
-0d94
Date
By:
4
USER_scscL.87
Typed:
miamCbeach-1
City of Miami Beach
1100 Washington Ave, 4th Floor
Miami Beach, FL 33139
5
USER_SCSL$-
Exhibit A
SOFTWARE LICENSE AGREEMENT -INSTALLATION SERVICES
A. SCSI shall provide the following programs and services (Basic Migration Services) relating to the "Software":
1. Migration programs supplied to user for relocating activity types to the 'PERMITS' Plus@ platform.
2. Migration programs to relocate 'PERMITS' ™ history data to 'PERMITS' Plus@.
3. Programs to replace periodic update programs for Contractor's and Assessor's data, when these
programs exist and were originally supplied by Sierra.
4. User Training/Technical classes for four (4) days at the SCSI site for 2 members of the agency's staff.
Basic Migration Services
Client Server Option for MS SQL Server
One Year Warranty
Connectivity Assistance for 'PERMITS' Voice ™
$25,000.00
$ 3,000.00
$11,172.50
$ 7,000.00
SUBTOTAL A
$46,172.50
B. Additional services, not included as part of the Basic Migration Services described in Paragraph A above, may be
contracted for on a time and materials basis at the hourly rates listed in paragraph "D" below. Invoice will be issued
after services are rendered. Invoices are due and payable within thirty (30) days.
Hours Budgeted
75
36
o
48
4
4
5
o
50
N/A
o
1. Travel to and from Agency Site (5 visits)
2. Design/Review Assistance
3. Activity Development Assistance (Up to _ activities)
4. Project Management
5. Additional Training (per day)
6. Additional Power User Training
7. Additional Production User Training
8. Workflow Assistance
9. DBMS Assistance
10.0DBC Drivers
11.Document Assistance
(To be done by consultant)
12.Scripts Assistance (To be done by consultant)
13.Reports Assistance
14.System Modifications
15.Estimates
16.Travel Expenses (5 visits)
17.Batch file for financial system
18.Batch file for CAED
19.5tandard link to ArcView
o
30
o
o
N/A
o
10
Rate
$ 92.00
$ 92.00
$ 92.00
$ 92.00
$1,100.00
$1,100.00
$1,100.00
$ 92.00
$ 140.00
N/A
$ 92.00
$ 92.00
$ 92.00
$ 92.00
$ 92.00
N/A
Dollars Budgeted
$ 6,900.00
$ 3,312.00
o
$ 4,416.00
$ 4,400.00*
$ 4,400.00*
$ 5,500.00*
o
$ 7,000.00
o
o
o
$ 2,760.00"
o
o
$17,000.00
$ 4,500.00***
$ 4,500.00'"
$ 920.00
$ 92.00
SUBTOTAL B
$65,608.00
*Training must be done in four or five day increments.
**The agency is responsible for writing custom reports. Sierra will provide up to 30 hours of Reports Assistance.
'*'One fixed length record
C. Peripheral Technologies, when added to the 'PERMITS' Plus @ system are priced independently. Pricing for the Peripheral
Technologies will remain in effect through September 30, 2000. For the period of October 1, 2000 through September 30, 2001, price
increases for the Peripheral Technologies shall not exceed a 3% maximum.
Cost Included Assistance Hours Dollars Budgeted
'PERMITS' Plus@ $ 0 Yes
Shipping and Handling $ 0 Yes
'PERMITS' POS ™ $5,000.00 No 0 0
'PERMITS' TrueGIS ™ $5,000.00 No 0 0
'PERMITS' Imaging ™ $5,000.00 No 0 0
'PERMITS' NetrM $9,500.00 No 0 0
'PERMITS' Scan-It ™ $2,000.00 No 0 0
'PERMITS' Voice ™ $5,000.00 Yes 50 $ 7,000.00 (Included in A.)
'PERMITS' PDA ™ $5,000.00 No 0 0
Metro Scan Interface $2,000.00 No 0 0
'PERMITS' DatEx ™ $2,000.00 No 0 0
'PERMITS' Connect ™ $5,000.00 No 0 0
'PERMITS' OfficeLink ™ $ 500.00 No 0 0
Sales/Use Tax on above Peripheral Technologies 0
~ti-
miamCbeach-1 6 USER_ SCSJ/e1
SUBTOTAL C
$ 0
D. Sierra's published hourly rates, effective June 1, 1998
1. Data Base/Network/Connectivity Assistance $140.00 Per Hour or $1,120.00 Per Day
2. Project ManagemenVlmplementation Assistance $92.00/Hour or $736.00 Per Day
3. Programming Services/Enhancements/Modifications/Travel $92.00/Hour or $736.00 Per Day
4. Documentation/Research $64.00/Hour or $512.00 Per Day
5. Clerical Support Services $32.00/Hour or $256.00 Per Day
6. Additional Onsite Training (No Expenses Included) $1,100.00 Per Day
7. Overtime above 8 hours per day or 40 hours per week may be billed at 1 V2 times the prevailing rate.
These costs do not include Drivers, Emulators. Report Generators, Database Engines (except for Access), Computer or Networking
hardware/software. ClienVServer support will carry an additional support premium of $3,000.00. Other consulting and onsite assistance is
available at our prevailing rates. Assistance estimate is based on work being performed by the agency and amounts to telephone support
only.
miamLbeach-f
7
USER_SCSI /;:ft2
~
S I E A AA -~ -""-r
COMPUTER SYSTEMS. INC.
January 7, 1999
CITY OF MIAMI BEACH, FL.
ESTIMATE OF COSTS TO CONVERT FROM HP TO 'PERMITS' P1USSJ
(32 User License)
CLIENT SERVER OPTION FOR MS SQL SERVER
Amended to Include Additional Power and Production User Training - This Version is Based on the City
Utilizing the Services of an Outside Consultant for Script and Document Assistance
These costs are valid for 90 days
A. SCSI shall provide the following programs and services (Basic Migration Services) relating to the
"Software":
1. Migration programs supplied to user for relocating activity types to the 'PERMITS' PluS'9
platform.
2. Migration programs to relocate 'PERMITS'TM history data to 'PERMITS' PluS'9.
3. Programs to replace periodic update programs for Contractor's and Assessor's data, when
these programs exist and were originally supplied by Sierra.
4. User TraininglTechnical classes for four (4) days at the SCSI site for 2 members of the
agency's staff.
SUBTOTAL A
$25,000.00
B. Additional services, not included as part of the Basic Migration Services described in Paragraph A
above, may be contracted for on a time and materials basis at the hourly rates listed in paragraph
"E" below.
Hours Budgeted Rate Dollars Budgeted
1. Travel to and from Agency Site (5 visits) 75 $ 92.00 $ 6,900.00
2. Design/Review Assistance 36 $ 92.00 $ 3,312.00
3. Activity Dev. Assistance (Up to _ activities) 0 $ 92.00 0
4. Project Management 48 $ 92.00 $ 4,416.00
5. Additional Training (per day) 4 $1,100.00 $ 4,400.00*
6. Additional Power User Training 4 $1,100.00 $ 4,400.00*
7. Additional Production User Training 5 $1,100.00 $ 5,500.00*
8. Workflow Assistance 0 $ 92.00 0
9. DBMS Assistance 50 $ 140.00 $ 7,000.00
10. ODBC Drivers N/A N/A 0
11. Document Assistance 0 $ 92.00 0
(To be done by Consultant)
12.Scripts Assistance (To be done by Consultant) 0 $ 92.00 0
13. Reports Assistance 30 $ 92.00 $ 2,760.00**
14.System Modifications 0 $ 92.00 0
15.Estimates 0 $ 92.00 0
16.Travel Expenses (5 visits) N/A N/A $17,000.00
17.Batch file for financial system 0 $ 4,500.00***
18.Batch file for CAED $ 4,500.00***
19.5tandard link to ArcView 10 $ 92.00 $ 920.00
SUBTOTAL B $65,608.00
*Training must be done in four or five day increments.
**The agency is responsible for writing custom reports.
***One fixed length record
1731 W. WALNUT AVE., VISALlA, CA 93277
PHONE: 209.627.1959 FAX: 209.627.4906
Sierra will provide up to 30 hours of Reports Assistance.
A3?L
PAGE E-MAIL-scsi@permitsnet.com
1 of 2 INTERNET- http://www.permitsnet.com
~
51 I E A A A ~ "'-"~
COMPUTER SYSTEMS. INC _
ESTIMATE OF COSTS TO CONVERT FROM HP TO 'PERMITS' PlusJ9
(CONTINUED)
C. Licensing/Peripheral Technologies
Cost Included Assistance Hours Dollars Budgeted Annual Maintenance
'PERMITS' Plus@ $ 0 YES
Shipping and Handling $ 0 YES
Additional License Fee for One Year Warranty
Additional License Fee for Client Server Option
'PERMITS' Voice ™ $ 0 YES
50
$11,172.50
$ 3,000.00
$ 7,000.00
$525.00
SUBTOTAL C
$ 21,172.50
D. 'PERMITS' Gold TM Maintenance
(32 users) (Effective After 1 Year Warranty Period)
Includes Client Server Option for MS SOL Server
$10,647.50
Annual support for 'PERMITS' Voice ™
Plus sales/use tax (1/2 of maintenance fee x? %)
$ 525.00
$
?
SUBTOTAL D
$11,172.50
E. Sierra's published hourly rates, effective June 1, 1998
1. Data Base/Network/Connectivity Assistance
2. Project Management/Implementation Assistance
3. Programming Services/Enhancements/Modifications
4. Documentation/Research
5. Clerical Support Services
6. Additional Onsite Training (No Expenses Included)
$140.00 Per Hour or $1,120.00 Per Day
$92.00/Hour or $736.00 Per Day
$92.00/Hour or $736.00 Per Day
$64.00/Hour or $512.00 Per Day
$32.00/Hour or $256.00 Per Day
$1,100.00 Per Day
---------
---------
TOTAL (A+B+C) $111,780.50
TOTAL ANNUAL MAINTENANCE $ 11,172.50
These costs do not include Drivers, Emulators, Report Generators, Database Engines (except for Access), Computer or
Networking hardware/software. Other consulting and onsite assistance is available at our prevailing rates. Assistance
estimate is based on work being performed by the agency and amounts to telephone support only.
This quote supersedes any previous written or verbal estimates for product and installation services.
Optional Items
'PERMITS' Plus OjJiceLink™
'PERMITS' TrueGIS ™
'PERMITS' Net™
'PERMITS' POSTM
'PERMITS' PDATM
Crystal Reports (5 user seat with support)
'PERMITS' Imaging™
Cost
$ 500.00
$5,000.00
$9,500.00
$5,000.00
$5,000.00
$1,950.00
$5,000.00
Annual Support
$ 100.00
$ 525.00
$1,260.00
$ 525.00
$ 525.00
$ 525.00
We suggest budgeting 50 hours of assistance at $140.00 per hour for each of the peripheral technologies
($7,000.00). This is a ballpark figure. Upon reviewing your agency's detailed specifications, we can provide a
detailed estimate of assistance hours. This ballpark figure for assistance hours does not apply to 'PERMITS'
Plus OjJiceLink™ or Crystal Reports.
1731 W. WALNUT AVE., VISALlA, CA 93277
PHONE: 209.627.1959 FAX: 209.627.4906
PAGE
20f2
/"'?..z.
E-MAIL-scsi@permitsnet.com
INTERNET- http://www.permitsnet.com
'PERMITS' Plus @
AGREEMENT BETWEEN
Sierra Computer Systems, Inc., hereinafter referred to as SCSI, and Citv of Miami Beach. FL, hereinafter referred to as User.
Executed this I S ~ay of l<J.,iWA"1 , 1999.
User must execute this agreement and return to SCSI by February 15. 1999 to be valid.
RECITALS
SCSI provides 'PERMITS' GollrM SOFTWARE MAINTENANCE for the product listed below. Software maintenance provides both software update
service and software problem resolution service. While there is no charge for updates while under annual maintenance agreement, substantial
product enhancements may carry a nominal charge.
Customer
City of Miami Beach
1100 Washington Ave., 4th Floor
Address
City/State/Zip
Miami Beach, FL 33139
Product Name
'PERMITS' Plus@
SCSI Reference No :
WIN-066
Release No
3.1.108 or Higher
No. of Licenses
32
Fee Plus Tax
$10,647.50 (Includes Client Server Option for MS SOL Server)
$ 525.00 ('PERMITS' Voice™)
$11, 172.50 TOTAL
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN SCSI AND USER
GENERAL CONDITIONS OF 'PERMITS' Plus@ SOFTWARE MAINTENANCE
A 1.00. HEADINGS. Headings are for convenience only and shall not be deemed to be part of this Agreement.
A2.00. MODIFICATION. No modification or variation of this Agreement shall be valid unless in writing signed by both parties.
A3.00. SEVERABILITY. If any provision of this Agreement shall be construed to be illegal or invalid, the legality or validity of any other provision
hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have
the broadest scope permissible under the law of said jurisdiction, and if no validating construction impossible. shall be severable, and all other
provisions hereof shall remain in full force and effect.
A4.00. DELAYS.
.01. Neither party shall be liable, in damages or otherwise, for any delay in the service to be rendered hereunder, or for failure to give
notice of any delay, when such delay is due to the elements, acts of nature, acts of civil or military authorities, acts of other party which are not
provided for in this Agreement and which cause unreasonable delays in this Agreement by the other party, any delay in transportation or delay in
delivery by its vendors beyond its reasonable or actual control, or any other causes beyond the reasonable or actual control of the party. Each
party's schedule of performance shall be extended by a period of time equal to the time lost because of any such delay, provided written notice has
been given to the other party of such delay and its estimated duration, within five (5) days of the time the party has actual knowledge of such delay.
.02. Notwithstanding the fore-going, in every case, the delay or failure to perform must be beyond the control, and without the fault or
negligence of, the party claiming excusable delay.
AS.OO. STATEMENT OF WORK.
.01. SCSI agrees to perform Software Maintenance. While there is no charge for 'PERMITS' Plus @ updates while under this annual
maintenance agreement, substantial product enhancements will be offered under a separate Agreement.
.02. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to
vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both User and SCSI.
miamLbeach-m
USER
:.;h-
-~
SCSI ../' 'VV' --
.03. SCSI shall provide User with a reasonable amount of consultation by telephone to assist the User in software problem resolution of
the 'PERMITS' Plus @ software, during SCSI's normal working hours.
.04. SCSI shall provide User with remedial maintenance of software to substantially conform the software to SCSI's published program
specification for that release level of software identified in the most current release. SCSI shall, within a reasonable time period, supply computer
program code to correct any reproducible error created by the 'PERMITS' Plus @ software, provided that SCSI's diagnostics indicate that such
non-conformity or error was in existence during the subscription period or during the initial Warranty Period extended to the User in the purchase
agreement for SCSI software.
.05. Suspected 'PERMITS' Plus @ error conditions will be investigated and corrected by SCSI personnel at SCSI's offices to the extent
possible. Onsite corrections shall be at the exclusive judgment of SCSI at no additional cost to the User. User may, however, request that SCSI
conduct such investigations and travel to the location of the User at the User's request; User will pay SCSI for reasonable travel and subsistence
expenses. If SCSI, in its reasonable judgment, determines that the suspected error condition was attributable to a cause other than an error in the
'PERMITS' Plus @ software or an enhancement by SCSI, the User will pay for SCSI's efforts on a time and materials basis.
.06. SCSI may provide the User with unsolicited error corrections or changes to the software, without additional charge, which SCSI
determines are necessary for proper operation of its software, and User shall incorporate these corrections or changes into the software within 180
days of release by SCSI. SCSI will provide all documentation changes necessary as a result of changes to the software.
.07. SCSI will provide User all enhancements released by SCSI as standard enhancements, and which are generally made available to
other users purchasing comparable software during the term of this Agreement.
A6.00. TERM OF AGREEMENT.
.01. The term of this Agreement shall commence on October 1, 2000 and shall terminate on the following 30th day of September.
Thereafter, the Agreement may be renewed on a yearly basis on October 1st of each year, if mutually agreed upon by both parties.
.02. Payment for software maintenance services must be paid yearly in advance. A late charge equal to 10% of the total invoice amount,
will be applied to any invoice not paid within thirty (30) days of the invoice date. User may not skip any period and then resubscribe to User support
at a later date without paying the fees missed. No refunds will be paid for unused support for Users who terminate support.
.03. Custom programming/consulting or additional software problem resolution service, will be billed in addition to yearly software
maintenance and will be billed at SCSI prevailing rate. These services will be covered under a separate Agreement.
.04. Exclusive, however, of income taxes based on the income of SCSI, which taxes shall be paid by SCSI, User agrees to pay any tax for
which it is responsible hereunder, or which is assessed against User directly, and, if any such tax is paid by SCSI, to reimburse SCSI therefore upon
receipt by User of proof of payment. Sales/Use tax will be charged on 50% of the fee.
.05. Total payment for software problem resolution service and software enhancements under the terms of this Agreement shall not
exceed $11,172.50 per year unless approved in writing by both parties.
A7.00. RELATIONSHIP OF PARTIES.
.01. At all times during the term of this Agreement, SCSI shall be an independent contractor and shall not be an officer, agent, or
employee of User. User shall have the right to control SCSI only insofar as the result of SCSI services rendered pursuant to this Agreement.
.02. Nothing contained in this Agreement shall be deemed to create a partnership or joint venture. Neither party shall incur any debts or
make commitments for the other party.
A8.00. SYSTEM SECURITY AND ACCESS.
.01. Each party acknowledges that all information concerning the other party is "Confidential and Proprietary Information". Each party
agrees that it will not permit the duplication, use or disclosure of any such Confidential and Proprietary Information to any person (other than its own
employee who must have such information for the performance of obligations under this Agreement), unless authorized in writing by the other party
or as required by law.
.02. No information, reports, documents or any other materials given to or prepared by SCSI, or to which SCSI has access by reason of
Agreement, shall be made available to any individual or organization other than User or User's employees without the prior wrillen approval of the
User except as required by law.
.03. All financial, statistical, personnel, technical, and other information or data relating to the User, which is designated confidential by the
User but made available to SCSI in order to carry out this Agreement, will be protected by SCSI from unauthorized use and disclosure. SCSI shall
also observe the same or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI shall instruct its
personnel to keep such information confidential. SCSI shall not be required to keep confidential any data or information which is or becomes
publicly available.
rniarnCbeach-rn
2
USER
SCSI
/-} '7
/T~'
A9.00. HOLD HARMLESS CLAUSE.
.01. During the term of this Agreement SCSI will use its best efforts to maintain the software free of defects and imperfections that would
prevent the software from performing according to the original or then prevailing specifications set forth in SCSI's published manuals. Except for any
express warranty contained herein, SCSI makes no warranty of any kind whatsoever, either express or implied, including without limitation, and
express or implied warranties of merchantability and/or fitness for a particular purpose. The express warranty and exclusive remedy stated herein is
in lieu of all liabilities or obligations of SCSI for damages arising out of or in connection with the delivery, use, or performance of the software or
breach by SCSI of any term of this Agreement. In no event shall SCSI have any obligation or liability for damages, whether direct, incidental,
consequential, or of any other nature whatsoever, even if SCSI has been advised of the possibility of such damages.
A10.00. USERS INSTRUCTION.
.01. SCSI shall be responsible for ensuring that its employees, servants, and agents will, whenever on User's premises, obey all
reasonable instructions and directions issued by User.
.02. Unless otherwise agreed by the parties, SCSI personnel, while working on User's premises, shall observe the working hours, working
rules and holiday schedules of User applicable to such User premises. User agrees to provide reasonable working space, resources and materials
which are necessary for the performance of services under this Agreement, provided, however, that such working space, resources and/or materials
are agreed upon by User for such services and the use of any such working space, resources and/or materials is arranged so as to minimize any
disruption to User's normal business operations.
.03. User agrees that all enhancements provided by SCSI shall be the exclusive property of SCSI pursuant to the previous SCSI Software
License Agreement.
.04. User will be responsible for maintaining the computer hardware, communications equipment, telephone lines, cabling, modems, and
all other hardware equipment. User will make available computer time for the testing and maintenance of software. User will make available all
necessary supplies such as paper, magnetic tape, and disks.
.05. Software service requires the installation by the User of any industry standard 28.8 (minimum) modem, PC Anywhere software or
similar product approved by SCSI at User expense. Internet access may also be provided by the User. These types of access will permit SCSI to
detect software diagnostics, changes, and corrections from a remote location, when appropriate.
.06. Maintenance service is provided during SCSI's normal work week. Certain critical conditions may exist which require work outside
these hours, and SCSI will make a best effort to respond. However, SCSI reserves the right to provide a price quotation and estimate of time for
service requested by the User which requires substantial work outside SCSI's normal working hours.
.07. The "Software" product, data structure, field descriptions, field definitions, and data relationships are subject to change without
notice. These changes may result from product development, enhancements, additional features, bug fixes and/or circumstances beyond the
control of SCSI. Additional tables and relationships may be added or removed as product development standards dictate.
Third party applications (those applications or facilities not supplied by SCSI) which may utilize and rely on the data structure and specific
relationships may be adversely affected by these changes. Third party applications may be rendered inoperative, or produce results which are
inaccurate or unreliable due to modifications of the data structure. These anomalies, when created by changes in the "Software" data structure,
within third party applications are not the responsibility of SCSI nor covered under any level of software maintenance agreement.
.08. SCSI, as a policy, does not provide assistance or additional activity development on permit or activity types which have been
developed by non-SCSI employees running in conjunction with the "Software". SCSI has no certification program for third party providers of
developmental services within the "Software", nor does SCSI recommend the use of third party assistance providers. Activities and permits
developed for agency use are not covered by any level of software maintenance.
.09. SCSI recommends and supports the network configurations as specified in the most recent release of the "Software"
implementation guide. No other network configurations, specifically any configurations differing from those specifications are supported and/or
covered by any level of software maintenance. Any assistance rendered in support of configurations not specifically approved in advance will
be billed at the prevailing time and materials rates for such assistance.
A11.00. COMPLIANCE WITH LAWS.
.01. SCSI agrees to comply with all laws, regulations, rules and guidelines of the Federal, State and Local jurisdictions and any agency
thereof governing SCSI and its operations.
.02. This Agreement shall be governed and construed under the laws of the State of Florida. Any action to enforce the provisions of this
Agreement shall be filed in a court located in the State of Florida.
.03. There shall be no discrimination on the basis of race, sex, religion, or national origin against any person employed by SCSI for the
performances of services herein described.
A12.00. WARRANTIES. SCSI warrants and represents that it has full authority to enter into this Agreement and to consummate the transaction
contemplated hereby and that this Agreement is not in conflict with any other agreement to which SCSI is a party or by which it may be bound.
A13.00. TERMINATION.
.01. This Agreement automatically terminates on September 30th each year, and is subject to renewal only if mutually agreed upon.
miamCbeach-m
3
USER
SCSI /)~
A14.00. WAIVER.
.01. It is expressly understood and agreed that no waiver granted by the User for any violation of any covenant, term or condition of this
Agreement shall be construed to constitute a waiver of the same of any further violation without the prior written approval of the User.
A15.00. ASSIGNMENT AND DELEGATION.
.01. User shall not assign, sublet or transfer any interest in or duty under this Agreement without the wrillen consent of SCSI.
A16.00. RESOLUTION OF DISPUTES.
.01. It is anticipated that disputes between SCSI and the User will be resolved between the parties. The parties agree that in attempting to
resolve disputes they will act promptly, reasonably, and in good faith.
A17.00. NOTICE. All notices, requests, demands and other communication shall be in writing and sent by registered mail, certified mail or hand
delivery, addressed to the party's principal place of business herein written. Either party may by notice in writing, direct that future notices, requests,
or demands be sent to a different address. Notices given by personal delivery shall be deemed given at the time of actual delivery.
SCSI Sierra Computer Systems, Inc.
1731 West Walnut Avenue
Visalia, California 93277
USER City of Miami Beach
1100 Washington Ave, 4th Floor
Miami Beach, FL 33139
A18.00. SCSI INSTRUCTIONS
.01. SCSI shall be responsible for delivery of the 'Software' Source Code of 'PERMITS' Plus @ to SCSI's escrow account. Source code
for those modules will be made available from the escrow agent to User if:
a) The most current version of the "Software" is not supported.
In such case if User is actively covered under this Agreement, copies of the 'Software' (most current version) will be provided to the User under the
terms of this Agreement. The Source Code for all these modules created by SCSI will be made available for a fee equal to the total License fee paid
by the User to SCSI. User has unrestricted access to the 'Software' it has accepted from SCSI. However, User is bound by the original terms of their
License Agreement and may not transfer the 'Software' under any terms.
User hereby acknowledges that User has read this Agreement understands it and agrees to be bound by its terms and conditions. User further
agrees that it is the complete and exclusive Agreement between User and SCSI relating to the subject matter of this Agreement. User
acknowledges receipt from SCSI of a true copy of this Agreement.
~C:,ITNESS W";/~es ha.. e"cuted this Ag'eemem as at the day aod yea< Ii,,, abo.. writteo.
By: ~(C::-
Typed:
Robert Ausherman, President
Sierra Computer Systems, Inc.
1731 West Walnut Avenue
Visalia, California 93277
USER
1//
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
By:
Typed:
Neisen Kasdin, Mayor
City of Miami Beach
1100 Washington Ave, 4th Floor
Miami Beach, FL 33139
ATTEST '0 ~
~y ftM.t~
Robert Parcher, City Clerk
.Pi~
Ci Attorney
,Y{~~
Dcrie
miamCbeach-m
4
USER
.....~
SCSI /'C .~
Information Discovery Systems, Inc.
Services Agreement
This Agreement is executed in duplicate this 13th day of January, 1999, between Information Discovery
Systems, Inc. (IDS) and City of Miami Beach, Florida (the User).
Article I. In consideration of payments and agreements hereinafter mentioned to be made and performed
by User, and under the conditions set forth, IDS agrees to provide services to User as follows:
Article II. Services to be provided, the cost thereof, and payment terms shall be as described in Exhibit
A and Exhibit B.
Article III. IDS agrees to indemnify, defend and save harmless User, its officers, agents and employees
from any and all claims and losses accruing or resulting from the actions of any and all of IDS' personnel
and subcontractors that may occur in the performance of the services IDS will provide in fulfillment of
this Agreement with respect to any claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by IDS.
Article IV. IDS, its employees and subcontractors shall act in an independent capacity and not as
officers or employees of User in the performance of this Agreement.
Article V. User may terminate this Agreement and be relieved ofthe payment of any consideration to
IDS should IDS fail to perform the covenants herein contained at the time and in the manner herein
provided.
Article VI. This Agreement is not assignable in whole or in part without the written consent of both
parties.
Article VII. Time is of the essence in this Agreement. It is agreed that both parties will use their best
efforts to complete the contract by May 31, 1999 and in any event not later than June 1, 1999.
Article VIII. No alteration or variation to the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein
shall be binding on any of the parties hereto.
Article IX. IDS shall work under the general direction of Laura Orosco, in fulfilling this Agreement.
Page 1
Article X. Invoices shall be sent to:
Mike Rath
Procurement Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Payments shall be sent to:
Information Discovery Systems, Inc.
1451 Rocky Ridge Drive, #502
Roseville, CA 95661
Upon receipt ofthe invoice, User shall verify that the invoice has been properly prepared and that the
conditions of payment have been fulfilled. The invoice shall then be processed for payment. Payment
shall be made within net/3 0 days of receiving a valid invoice.
Article XI. The User shall reimburse IDS the costs of any (city, county, or state) mandated licenses,
fees, permits, or insurance coverage to operate at the User's location.
Article XII. The term of this Agreement shall be from the date shown on the first page of this
Agreement through June 1, 1999, although both parties agree to complete the contract as soon as possible
as described in Article VIII.
Article XIII. The User and IDS agree that the provisions to this written Agreement and the contract
proposal constitute the entire agreement between the parties regarding the terms of the services to be
performed by IDS.
Article XIV. If any provision ofthis contract shall be construed to be illegal or invalid, the legality or
validity of any other provision hereof shall not be affected thereby. Any illegal or invalid provisions of
this contract shall be construed by a court of competent jurisdiction to have the broadest scope
permissible under the law of said jurisdiction, and if no validating construction is possible, shall be
severable, and all other provisions hereof shall remain in full force and effect.
This Agreement has been executed by the parties hereto, from the date shown on the first page.
CUy of ~BeaCh' Florida
by (Authorized 'Signature)
Information Discovery Systems, Inc.
)
-7
\,.. .' /.)-
--, " C<7
)W(Authorized Signature)
Neisen Kasdin, Mayor
Title
ATTEST:
~d' rMck-
Robert Parcher, City Clerk
Director
Title
John Boren
Typed Name of Signee
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECU110N
Page 2
~~"t#J..
Exhibit A to the Services Agreement:
Fee Schedule and Itemized List of Services
User agrees to compensate IDS as follows:
1. Services
IDS agrees to provide the following in fulfillment of this Agreement:
. Services as written in Exhibit B (Original Proposal) ($28,500)
2. Feel Payments
For the services performed by IDS pursuant to this agreement including Exhibit A & B, the User
agrees to pay IDS the fee of ($28,500.00) plus travel expenses combined to not exceed ($39,250).
Partial payments to be made on satisfactory performance of stated milestones for IDS services based
on the mutually acceptable partial payment fee schedule:
_ The User to pay IDS 25% ofthefee plus expenses upon completion of Trip one (On-site review).
_ The User to pay IDS 15% of the fee plus expenses upon completion of Trip two (Test
compositions, training).
_ The User to pay IDS 15% of the fee plus expenses at the completion of Trip three (HP Migration
and 'GO LIVE' weekend).
_ The User to pay IDS the remainder of the fees due, plus expenses, one week after 'GO LIVE'
date, upon satisfactory completion of the terms and conditions of this agreement.
Payments will be made according to IDS detailed billings as the work satisfactorily progresses. The
progress estimates shall be based upon stated milestones and deliverables invoiced. IDS shall invoice
the User as indicated above for the services performed under this agreement after the work has been
completed.
No payment shall be construed to be an acceptance of any defective work or improper material. IDS
shall be responsible for any material that has been included in the estimate for payment.
Page 3
Exhibit B to the Services Agreement:
Proposal
HP 3000 PERMITS' to PERMITS' Plus
Situation
Your agency is currently faced with a difficult migration due to the number of history
records that must be migrated to Permits' Plus. Current projections state that your
migration may take as much as 38 CPU days at 24 hours per day.
Current projections (using Pentium 11/233)
HP Processing PC 3.5 Plus Migration Move to SQL
Process Server
500000 500000 500000 500000 APD/Records
18 59 49 3720 Records/Minute
462.96 141.24 170.07 49.28 Hours
19.29 5.89 7.09 2.05 Days
Total Hours: 823.56
Total Days: 34.3 + 3.7 Misc. Data days
Current projections (using Pentium 11/450)
HP Processing PC 3.5 Plus Migration Move to SQL
Process Server
500000 500000 500000 500000 APD/Records
18 120 100 3720 Records/Minute
462.96 69.44 83.33 49.28 Hours
19.29 2.89 3.47 2.05 Days
Total Hours: 665.02 Total Days: 27.7 + 3.4 Misc. Data days
'Miscellaneous days refer to address, parcel, and other miscellaneous processing.
Bottlenecks
The HP processing constitutes nearly 70% of the processing time. This is an estimate
only. Depending on your speed of the HP 957 to process your records, this projected
time may be less or more. An easy way to determine this is to stream the
HPPCACT.STREAM job using a years worth of data (1/1/97-1/1/98). Take the total
number of Activities processed by the number of minutes taken to process the job. You
will find this information in the printed stream job.
Another major bottleneck is the PC and Plus conversion. As you can see, using a
PII/450 mhz PC will save nearly 7 days of CPU crunching.
Page 4
Considerations
One major consideration you will have is the number of records that will finally be
exported to SQL Server. Your administrator should be aware that the conversion will
create nearly 11 million records across several tables. This will be a major concern
during migration as the number of locks and the temporary dataspaces will need to be
carefully watched.
Another consideration in the migration is moving nearly 1.2GB of data off of the HP
3000. Our experience is that will double when moved to Plus. So, expect a 2-3 GB
database when all is complete.
Strategy
Normally, a great portion of the migration occurs prior to going LIVE on the new system.
This usually includes all data through the end of 1995. This should account for nearly
75% of the total amount of records. With that, it will take at worst, 28 days to migrate
the first portion and 10 days for the remaining records.
Proposal
You would stream jobs on the HP 3000 to run overnight for each year of data. Then,
you would download that data to the PC saving each year separately. Once all of the
data is down through 1995, we would come in to perform the actual migration. This will
save nearly 14 days of our consulting time.
As we perform the migration, we would do at most, two years of data migration at a
time. This will reduce the problems that may be encountered for the migration to SQL
Server - remembering that there will be problems with the number of records and
temporary dataspaces.
With this strategy we should be able to complete the migration within 12 CPU days. It
would be best that the migration be performed over an extended weekend, or schedule
with the public that permits will not be issued during the migration. You may want to
schedule at least three business days and two weekend days to perform the migration
prior to the LIVE date. These days would be used to migrate 1996-1998 data.
Page 5
HP 3000 PERMITS' to PERMITS' Plus
Description of Work
Our consulting services with regards to PERMITS' Plus conversion have been with the
assistance of migration from the HP 3000 and the assistance of creation of new
activities. While we have experience with both, our past experience shows our services
are best used for migration purposes. The reason for this is migration is only done
once. While city staff will be needed for some of the migration, it has been experienced
that city staff should be used for the creation of new permits on Plus.
As part of our Basic conversion package, we will assist on-site with the migration of
data from the HP 3000 to PERMITS' Plus.
We anticipate a total of two(2) trips to your site. The first trip will review your agency
and establish a plan and timeline to complete the project. This trip will also ensure that
you have the latest migration tools and that the HP streams jobs and downloading
processes are ready. The final trip will begin the migration of history to PERMITS' Plus
and actually go 'LIVE' on PERMITS' Plus. If additional trips are needed, agency will be
billed for travel expenses, but no further consulting services will be expensed.
Proposed pricing is here for your review.
Page 6
HP 3000 PERMITS' to PERMITS' Plus
Solution Packages
Basic Conversion Package
The Basic Conversion package assists the agency with the migration of HP 3000 data
and consulting services to analyze new permit setup for PERMITS' Plus.
(Days are estimates only; they are not required to be completed. Total cost based on a
project cost).
1. On-Site review of migration needs - Establish plan (2 days) (1 trip)
2. Completely migrate HP 3000 data to PERMITS' Plus (Database) (23 day maximum)
(1 trip)
. Remote migration assistance to stream necessary jobs to migrate data to PC 3.5
Permits - preparation jobs as required by the migration. (1 day)
. On-Site assistance to migrate Address/Parcel information to Plus - will occur
more than once (2 days total)
. On-Site assistance to process Compositions / History data to PC 3.5 Permits (6
days)
. On-Site assistance to upload Compositions / History data to Plus (Access
Database) (7 days)
. SQL Server Datamover Migration (4 days)
. Review and Go Live on new permit types
. 3 days training (6 sessions @ 6 per session)
. On-Site at time of "LIVE" date (3 days)
3. Unlimited phone support through one-week after "LIVE" date. 8am-5pm Monday -
Friday - Callback within 4 hours. (equivalent to 5 days)
4. The Complete package contains the Basic package and we would perform all of the
HP streams and downloads. This will add an additional 14 days for HP processing.
5. The Complete package also provides for the creation of activities, scripts, and
documents for existing permit types on the HP 3000. (This does not include the
setup of Workflow, or any other special add-on product available to Permits Plus).
. On-Site creation of Compositions, Scripts, and Documents into PERMITS'
Plus (7 days) (1 trip) - Some work to be done off-site.
Page 7
*Quote is based on that the city will provide or has the following available:
. Business Sessions, Reflections, or terminal software to connect from PC to HP 3000
. Network
. Work Desk w/telephone
*Quote is based on that IDS will use our:
. (2) Pentium 1I/450Mhz PCs for migration. This will allow simultaneous process of
data (one doing the PC 3.5 migration, the other doing the Plus and SQL Server
conversion)
HP 3000 PERMITS' to PERMITS' Plus
Package Pricing
Complete Solution
*Complete Package - Flat Rate (price not based on days)
*Travel Expenses (43 Days @ $250 per day - 4 trips)
(over 43 days, agency will be billed $250 per day)
$28,500
$10,750
Business References
Wilma McCamley
City of Lincoln, NE
402-441-6456
Pauline Smith
City of Sparks, NV
702-353-2352
Julian Moore
City of Lemon Grove, CA
(619) 464-6934
John Uribarri
City of Rancho Mirage, CA
(760) 324-4511
Joe Accurso
City of Roseville, CA
(916) 774-5127
Page 8