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HomeMy WebLinkAbout1999-250ORDINANCE NO 99'6�,d AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE INSTALLATION OF A PLANNING DEPARTMENT PROJECT MAINTENANCE SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 96583 TO H T E , INC IN THE AMOUNT OF $319,815) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" referenced herein, are hereby accepted and approved as being the lowest responsible bids for such items PURCHASE ORDER 96583 EV NDOR HTE,INC AMOUNT $319,815 SECTION II That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City SECTION III That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto, provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this � day of Jlu% ,, 1999 JA LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY JA APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY A co 96583-P STATE ORDINAN ATTACHMENT 1 \ § 11 00 Ln � $§|\ � |/\ § E�} ■ ■!§ §C �.-, �&§0 §2� @ k e § § I k B THE STATE OF TEXAS § SOFTWARE LICENSE AGREEMENT COUNTY OF DENTON THIS SOFTWARE LICENSE AGREEMENT ("hereinafter referred to as "Agreement') is made and entered into this s-4,44 day of _�� 1999, between H T E , Inc, a Florida Corporation whose address is 1000 Busme# Center Drive, Lake Mary, Florida 32746 (herein referred to as "HTE") and the CITY OF DENTON, TEXAS, a municipal corporation with its principal place of business at 601 E Hickory, Suite A, Denton TX 76205 (herein referred to as "CITY"), acting by and through its City Manager or his designee WITNESSETH THAT, in consideration of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, CITY and HTE agree as follows Scope of Work A Compliance with Agreement Documents For the consideration hereinafter agreed to be paid to HTE by CITY, HTE shall provide Software (hereinafter referred to as "Software"), consisting of Licensed Programs and Third Party Software, as defined below Software provided under the terms of this Agreement are to conform in every respect to the following documents, and all such documents are attached and incorporated herein by reference This Agreement, and 2 Schedule A(s) and other applicable Supplement(s) to this Agreement, and HTE System Change Request(s) In the event of conflict or ambiguity or discrepancy between the documents incorporated above, priority of interpretation shall be in the order listed above B HTE and CITY agree that when this Agreement is signed by both parties, all terms and conditions contained in this Agreement will apply to any Licensed Program(s) and/or service(s) offered under this Agreement HTE will furnish to the CITY by this Agreement 1 The Software listed in the Supplement(s) to tins Agreement, and Grant of a non-exclusive, non -transferable, revocable license to use the Licensed Programs on HTE supplied or approved equipment, and 3 Support service(s) as described herein, and 4 Modifications, training, conversion and project management services as described herein and listed in the Supplement(s) to this Agreement HTE License doe Ver 5115199 Denton License 7 22 doe 7/22/99 C With respect to the Licensed Program(s), the CITY agrees to accept responsibility for The installation of the Licensed Program(s) plus any enhancements and/or updates, unless otherwise specified in the Supplement(s), and 2 Use of the Software to achieve the CITY's intended results II. Definitions A Software The term "Software" shall mean a licensed data program or set of programs, or routines and subroutines, consisting of a series of instructions or statements in machine readable object code form and any related licensed program materials provided for use in connection with the program, including the user manuals or on-line documentation described in this Agreement The term "Software" includes any correction bug fixes, enhancements, updates or other modifications, Including custom modifications, to such computer program and user manuals B Licensed Program(s) The term "Licensed Program(s)" shall mean the HTE Software C Third Party Software The term "Third Party Software" shall mean the Software included under this Agreement and provided by Third Party Vendors D System The term "System" shall mean all Software provided to CITY by HTE under the terms of this Agreement, and the Hardware upon which such Software shall function E Hardware The term "Hardware" or "Machine" or "CPU" or shall mean computer hardware designated, supplied or approved by HTE for operation of any Licensed Program(s) F Source Code The term "Source Code" shall mean a copy of the computer programming code in human -readable form and related system documentation, including updates, applicable enhancements, and all pertinent commentary as well as any procedural code such as job control language G Object Code The term "Object Code" shall mean a copy of the computer programming code assembled or compiled in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse assembly, reverse compiling, or reverse engineering H Installation Date The tern "Installation Date" shall mean the date that the Licensed Program(s) is installed/loaded on a designated machine I Delivery Date The term "Delivery Date" shall mean the date that the Licensed Program(s) is received by the CITY, or no later than ten (10) calendar days after shipment by HTE For servicesi the "Delivery Date" refers to the date services are performed J Acceptance The term "Acceptance" shall mean that the installed/loaded Licensed Program(s) has gone through the program testing and acceptance period as described in Section VII HTE License doe Ver 5/15/99 Denton License 7 22 doe 7/22/99 K Support Services "Support Services" shall mean the maintenance and support call services provided to CITY for the HTE Licensed Program(s) III License A Grant of License Pursuant to the terms and conditions of this Agreement, and subject to the provisions of Sections VIII, IX, X and XII of this Agreement, HTE grants CITY, a nonexclusive, nontransferable revocable license to use the Licensed Program(s) and such license(s) as provided to HTE from the Third Party Software Vendor for the end user B Authorized Equipment and Site CITY shall have the right to use the Software on the Hardware specified in the Supplement(s), or other equipment or systems supplied or approved by HTE while this Agreement is in effect, and at the location (hereinafter referred to as "Site") listed below Site 601 E Hickory, Suite A and City Hall West Denton, TX 76201 CITY may temporarily transfer Software to backup Hardware at a location different from Site if the Hardware is inoperative C Copies CITY, solely to enable it to use the Licensed Program(s), may make one archival and/or backup copy of the Licensed Program(s) and the associated reference documentation CITY may also copy the Licensed Program(s) in machine readable object code form to provide sufficient copies to support the CITY's use of the Licensed Program(s) as authorized under this Agreement CITY shall have no other right to copy, in whole or in part, Software without written consent from HTE Any copies made by CITY shall be the property of HTE D Modifications, Reverse Engineering CITY may modify any Licensed Program(s) to form an updated work for the CITY's use, provided that 1 The CITY supplies HTE with written notification of the modification, and The modification is made according to the HTE conventions of the HTE Modification Library and not to the base system CITY shall not alter, enhance or otherwise modify Software without the written consent of HTE CITY shall not disassemble, decompile or reverse engineer the Software's computer program in whole or in part Failure to modify the programs in the manner prescribed may negate the ability to maintain the Licensed Prggram(s) by HTE and will relieve HTE of any responsibility to provide support services Any updated work using portions of the Licensed Program(s) that meets the above criteria will continue to be subject to all terms of this Agreement E Access to Licensed Program(s) Unless otherwise provided herem, the Licensed Program(s) are provided in and may be used in machine-readable object code form only HTE offers the CITY, through a third party escrow agent, a Source Code Escrow Agreement that provides for HTE License doe Ver 5/15/99 Denton License 7-22 doe 7/22/99 release of the source code version of the Licensed Program(s) from escrow upon the occurrence of certain release events, such as HTE's failure to provide required maintenance services as agreed IV. Term and Termination A Effective Date This Agreement shall commence upon the date first written above and will remain in effect until terminated as noted below B Termination Each party shall have the right to terminate this Agreement and the license granted herein as provided elsewhere in this Agreement or upon the occurrence of either of the following events (an "Event of Default") the other party violates any provision of this Agreement, or the other party terminates or suspends its business, becomes subject to any bankruptcy or insolvency proceeding under federal or state statute, becomes insolvent or subject to direct control by a trust, receiver or similar authority, or d has wound up or liquidated, voluntarily or otherwise In addition to the above, CITY may, at its option, and without prejudice to any other remedy it may be entitled to at law or in equity or otherwise under this Agreement, terminate this Agreement by giving at least thirty (30) days prior written notice thereof to HTE C Notice and Opportunity to Cure Upon the occurrence of an Event of Default, a party shall deliver to the defaulting party a Notice of Intent to Terminate that identifies in detail the Event of Default If the Event of Default remains uncured for thirty (30) days, the party may terminate this Agreement and the license granted herein by delivering to the defaulting party a Notice of Termination that identifies the effective date of the termination, which date shall not be less than thirty (30) days after the date of delivery of the Notice of Intent to Terminate D Procedure Within thirty (30) days after termination of the license, CITY shall return to HTE Software and all copies thereof or delete or destroy all copies of Software An authorized representative of HTE, upon request, shall be afforded sufficient access to CITY's premises to verify that all use of Software has been discontinued Notice of discontinuance of any or all licenses shall not be considered notice of termination of this Agreement unless specifically stated E Earlier Termination Notwithstanding the above, License(s) granted under this Agreement may be discontinued by the CITY upon written notice, effective immediately, during the testing period described in Section VII, and HTE may discontinue any license or terminate this HTE License doe 4 Denton License 7 22 doc Ver 5/15/99 7/22/99 Agreement upon written notice immediately if Customer violates any of the proprietary provisions included herein F Support Services Term HTE and CITY herein recognize that the continuation of Support Services after the close of any given fiscal year of CITY, which fiscal year ends on September 30' of each year, shall be subject to Denton City Council approval G Survival Any responsibility of either party provided under this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement, if it would reasonably survive such expiration, termination of cancellation V. HTE Supplied Product(s) and/or Services HTE shall supply the Software specified in the Supplement(s) in maclune-readable object code form with instructions for installation by the CITY, unless otherwise specified in the Supplements Standard form options, if applicable, will be provided by HTE In addition, HTE shall supply related services and/or maintenance, and may supply specialized Third Party software or, when applicable, Hardware products necessary for the performance of certain special features or functions These services and deliverables, if any, shall be identified and more specifically described in the Supplement(s), and shall constitute the complete list of deliverables provided by HTE HTE assumes no liability for any Third Party Software, or, when applicable, for any Hardware products, beyond manufacturers' warranty specified in the Supplement(s) CITY acknowledges that these products were selected by CITY to support features desired by CITY, and that they are included in the Agreement solely for that purpose VI. Pricing and Payment Terms All pricing and terms associated with the Software and any other HTE or third party products and services are specified in the Supplement(s) to this Agreement Unless specified to the contrary, prices quoted in the applicable Supplement(s) to this Agreement are valid for mnety (90) days from the date of HTE's acceptance of the applicable Supplement(s) This applies only for days or hours of services or number of user licenses that are not specified in the Supplement(s) All items specified in the Supplement(s) shall be honored throughout the period of time necessary to complete all tasks specified under the Supplement(s) HTE may increase its prices without notice only on those items not provided for in the Supplement(s) Fees for HTE Support Services are payable prior to the commencement of such Support Services Should CITY require Support Services prior to receipt of payment and the contractual start date of such Service, CITY will be billed at the then prevailing hourly rate until payment is received Fees for support services for any Third Party Software or Hardware provided for under this Agreement shall be payable to and in accordance with the provisions of the third party Vendor unless otherwise specified in the Supplement(s) Any taxes resulting from this Agreement or activities resulting from this Agreement, including but not limited to sales and/or use tax, will be the responsibility of the CITY HTE will accept an exemption HTE License doe Ver 5/15/99 5, Denton License 7-22 doe 7/22/99 certificate from the CITY in lieu of taxes if the CITY qualifies for exempt status Such exemption certificate will need to be provided to HTE upon contract execution HTE will be responsible for taxes based on its income or for any payroll related taxes for HTE employees VII. Licensed Program Testing and Acceptance Beginning oil the date ten (10) days after delivery of the Licensed Program(s) by HTE, the Licensed Program(s) will be available for non -productive use for testing for a period of thirty (30) days This testing period is to determine whether the Licensed Programs) functions operate together and whether the Licensed Program(s) meet the CITY's specifications and/or requirements At any time during the testing period, upon written notice, the CITY may discontinue the Licensed Program(s) and receive full credit or refund for the amount of the license fee If written notice of discontinuance is not received by HTE prior to the end of the testing period, or if the CITY uses the Licensed Program(s) for other than non -productive use during the testing period, the Licensed Program(s) shall be deemed to be accepted under the provisions of this Agreement VIII. Licensed Program Services A Training on HTE Licensed Program(s), and Third Party Software, if necessary, will be provided for in the Supplement(s) and will be invoiced as incurred at the completion of each training session at the rate specified in the applicable Supplement(s) The CITY understands that the number of training sessions and the number of hours of training vary per application, and are estimated based on HTE's experience in the training of other customers for the same applications Additional training can be provided upon request of the CITY at the then prevailing rate per hour B Conversion, if necessary, will be provided for in the Supplement(s) and will be invoiced as incurred at the rate specified in the applicable Supplement(s) or at HTE's then prevailing rate per hour Data must be given to HTE in an IBM compatible format on a specified magnetic media Data must match i data field definition Input data file clean up shall be the responsibility of the CITY Additional conversion, if necessary, will be invoiced at the prevailing rate per hour It is understood that no two ,systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion C Modifications, if any, will be provided for in the Supplement(s) and will be controlled by the HTE System Change Request form ("SCR") which will be prepared for the CITY by the HTE Project Manager responsible for that module HTE will proceed on the SCR when the signed SCR is returned with the CITY's authorization along with appropriate payment as provided for in the Supplement(s) D Project Management is strongly recommended by HTE, and will be provided for in the Supplement(s) and will be invoiced as incurred E HTE will provide the CITY with the Support Services listed below for the HTE Licensed Program(s) for such period as may be listed in the Supplement(s), and commencing one hundred twenty (120) days after delivery of the Licensed Program(s) Thereafter the Services will be HTE Ltcepse doe Ver 5/15/99 0 Denton License 7 22 doe 7/22/99 provided on a year-to-year basis provided the CITY exercises the option and pays HTE's annual support fee 1 Toll free telephone support line, twenty-four (24) hours a day, seven (7) days per week 2 Electronic support 3 Product updates and new releases of the covered Licensed Program(s) 4 Response to calls, under normal conditions, in approximately two (2) hours of receipt of incoming call 5 Error corrections as made F During the covered period, the CITY will receive each new enhancement to the Licensed Program(s) that is issued for the particular Licensed Program(s) covered Each new release will be accompanied by user and system documentation, reflecting the enhancements G HTE's policy is to make improvements in its Licensed Program(s) on a regular basis in order to maintain its timely applicability and competitive market ability To this end, HTE may, from time to time, make changes in operating procedures, programming languages, general purpose library programs, tuning accessibility techniques, types of hardware supportability, and other related programming and documentation improvements HTE shall provide to the CITY, as updates, at no additional charge, and on a timely basis, the program logic and documentation for such Licensed Program(s) enhancements H In the event the CITY notifies HTE that it suspects an error in the program logic or documentation winch prevents the continued accomplishment of the principal computing functions of the Licensed Program(s), HTE shall use its best efforts to confirm the existence of such error If the existence of such error is confirmed to be in the Licensed Program(s), HTE shall correct it as part of its obligation hereunder If it is ultimately determined by HTE that no such error exists, the CITY shall compensate HTE for its services This compensation shall be based upon HTE's hourly rate, plus reimbursement for reasonable travel and living expenses I HTE's policy is to acknowledge oral or written requests from the CITY to provide assistance in identifying and detecting problems, errors, and malfunctions ansmg in connection with the CITY's use of HTE's computer application software systems To assist HTE in implementing its policy, the CITY shall confum, in writing, an oral request for specific assistance within ten (10) days after such oral request is made The CITY shall furnish to HTE adequate supporting documentation and details to substantiate and to assist HTE in the identification and detection of problems, errors, and malfunctions, arising from the CITY's use of the System(s) and/or Product(s) J If an enhancement, provided to the CITY under HTE Support Services, is dependent upon coding of a previous enhancement which the CITY does not have, upon request, HTE will provide assistance by marl or telephone in order to establish coding that will permit continuity between the CITY's operating system and the new enhancement K The CITY agrees to notify HTE of the need to have a previous enhancement in order to install a current enhancement HTE License doe 7 Denton License 7-22 doe Ver 5/15/99 7/22/99 L In the event the CITY requests any support other than that included under the terms of this Agreement, depending upon the availability of its personnel, HTE shall use its best efforts to furnish it in accordance with the current standard billing rates M The CITY acknowledges that the continued integrity of the Licensed Program(s) is dependent upon installation in the program logic and documentation of all updates to the Licensed Program(s) which are provided by HTE to the CITY N Support requests for the first one hundred twenty (120) days after delivery of the Licensed Program(s) shall be directed to the appropriate HTE project manager or tramer Support Services do not include maintenance on modifications made to the Licensed Program(s) at CITY's request O Upon commencement of the HTE Support Services, telephone support will be provided using a dedicated support telephone number, and the CITY must have Electronic Customer Support installed Support requests relating, if applicable, to third party hardware or software will be directed to the Vendor of such products unless otherwise provided for in the Supplement(s) Unless otherwise stated herein or in the Supplement(s), HTE shall assume no responsibility for the pricing of, payment to, or provision for support services of any third party Vendors P HTE shall not supply any support services nor be liable for any damages in the event that any portion of the Licensed Program(s) is used on equipment or with software products or software systems other than those supplied or approved by HTE CITY shall receive written authorization from HTE before attaching to the computer system any equipment not supplied or approved by HTE Authorization shall not be withheld unless said equipment will cause operational damage to the system, or require undue system support from HTE Q CITY acknowledges that the systems supplied by HTE have unique operating properties and are a matched system of components which must not be altered, modified, or tampered with without specific assistance from HTE designated personnel HTE shall not be liable for any damage or loss of function which results from violating the approved operating environment by personnel not approved by HTE HTE acknowledges that the Hardware, software products or software systems planned for use by CITY in combination with the HTE Licensed Program(s) are acceptable to HTE as of the time of execution of this Agreement Additional approval may be required for combinations related to licenses granted under Supplement(s) subsequent to the Supplement Schedule A dated of even date herewith R In the event of the failure of any hardware component or other third party product supplied under this Agreement to function or operate in conformance with specifications, HTE shall have no obligation for warranty beyond that of the hardware or other third party manufacturer or that specified in the Supplement(s) IX. Protection and Security of Proprietary Materials A The CITY acknowledges that the Licensed Program(s), including the source code, design specifications and associated documentation of the Licensed Program(s), (the "HTE Proprietary Information") constitute proprietary information and trade secrets of HTE and will remain the sole property of HTE The CITY also acknowledges that the Third Party Software, including the source HTE License doc 8 Denton License 7 22 doc Ver 5/15/99 7/22/99 code, design specifications and associated documentation of the Third Party Software, (the "Third Party Proprietary Information") constitute proprietary information and trade secrets of the Third Party Vendor(s) and will remain the sole property of such Third Party Vendor(s) CITY agrees to respect HTE's purported ownership of any such proprietary rights which may exist, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Licensed Program(s), and the ownership by Third Party Vendor(s) of proprietary rights which may exist in and to the Third Party Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Licensed Program(s) and Third Parry Software, whether made by HTE or any third party B During the period tlus Agreement is in effect and at all times after its termination, CITY agrees that it and its employees and agents shall not at any time sell, assign, license, publish, display, distribute, transfer or otherwise make available to, or allow use by, any parent, subsidiaries, affiliated entities or third parties any of the HTE Proprietary Information or Third Party Proprietary Information The CITY shall hold in confidence the HTE Proprietary Information and Third Party Proprietary Information for its benefit and internal use only by its employees The CITY further acknowledges that, in the event of a breach or threatened breach by the CITY of the provisions of tins paragraph, HTE has no adequate remedy in money damages, and, accordingly, shall be entitled, without bond, to an injunction against such breach or threatened breach C HTE agrees that any reports, information data or other documentation given to, prepared by or viewed by HTE or its employees and agents may be proprietary and confidential information of CITY and HTE, and HTE's employees and agents shall maintain the confidentiality of this information and not sell, license, publish, display, distribute, disclose or otherwise make available this information to any third party nor use such information except as authorized by this Agreement or upon prior written consent of CITY or unless authorized by law X Warranties A HTE warrants that for a period of mnety (90) days after acceptance, as provided for in Section VII, the HTE Licensed Program(s) listed in the Supplement(s) will perform in substantial compliance with the reference documentation supplied by HTE, provided the Licensed Program(s) are used in the proper operating environment HTE does not warrant that the functions contained in the Licensed Program(s) will meet the CITY's requirement or will operate in the combinations which may be selected for use by the CITY after the ninety (90) day period after the completion of the Licensed Program testing described in Section VII Any other utility or incidental software distributed by HTE will be on an "AS IS" and "WITH ALL FAULTS" basis without warranty of any kind either expressed or implied HTE shall be responsible only for the Licensed Program(s) and products as originally supplied and accepted by CITY, and for changes made to the Licensed Program(s) by HTE's authorized representatives HTE will not be responsible for the consequences of attempts at changes or modifications to the products and Licensed Program(s) made by the CITY or any other unauthorized ply B HTE warrants that it has the right to license the HTE Licensed Program(s) listed in the Supplement(s) and that the HTE Licensed Program(s) does not infringe any intellectual property of any third party HTE agrees to indemnify CITY against expenses, including reasonable attorneys' fees, and liability arising from any claim of infringement related to HTE Licensed Program(s) provided HTE HTE License doc 9 DentoiLiceme 7-22 doc Ver 5/15/99 7/22/99 shall have the right to control the defense or settlement of any such claim If use of the HTE Licensed Program(s) by the CITY is enjoined by any infringement proceeding, HTE shall, if possible, obtain without unreasonable expense the right of License for the CITY to use the HTE Licensed Program(s) or if that is not possible, HTE shall refund to the CITY the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing C HTE represents and warrants that the Licensed Program(s) is/are designed to be used prior to, during, and after the calendar year 2000 AD and that the Licensed Program(s) shall process date data during each such time, specifically including any calculation relating to, or the product of, date data which represents or references different centuries or more than one century Without limiting the generality of the foregoing, HTE further represents and warrants That the Licensed Program(s) shall not abnormally end or provide invalid or incorrect results as a result of date data, specifically including date data which represents or references different centuries or more than one century, That the Licensed Program(s) has been designed to ensure year 2000 compatible, including, but not hunted to, date data century recognition, calculations which accommodate same century and multi -century formulas and date values, and date data interface values that reflect the century, That the Licensed Program(s) includes "year 2000 capabilities" For the purposes of this Software License and Services Agreement, "year 2000 capabilities" means the Licensed Program(s) a shall manage and manipulate data involving dates, including single century formulas and multi -century formulas, and shall not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates, and b provides that all date -related user interface functionalrties and data fields are designed to be unambiguous with regard to century using the "fixed window" approach or four digit year, and c will correctly perform normal leap year functions Limitation on Use/Limitation on Liability CITY shall not modify the Licensed Program(s) in any manner which would affect the performance of the Licensed Program(s) in such a manner as to cause it to fail to meet the Year 2000 Compliance Warranty set forth herein There shall be no liability on the part of HTE for any failure of the Licensed Program(s) to conform to the Year 2000 Compliance Warranty to the extent that any such failure is attributable to a modification of the Licensed Program(s) by CITY D The duration of this warranty and the remedies available to the City of Denton, Texas for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the warranty provisions contained herein, provided that, notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the CITY under this warranty shall include repair or replacement of any HTE Licensed Program(s) whose non-compliance is discovered and made known to HTE in writing Nothing in this warranty shall be construed to limit any rights or HTE License doc ver 5/15/99 10 Denton License 7 22 doc 7/22/99 remedies the CITY may otherwise have under the contract with respect to defects other than Year 2000 performance E HTE does not make any representations or warranties with respect to Year 2000 warranties or intellectual property rights on behalf of any third party products Any such representations or warranties are made solely by the Vendor of such products, and shall not be construed as a warranty with respect to Year 2000 warranty, infringement and the like by HTE HTE MAKES NO WARRANTIES, OTHER THAN AS STATED HEREIN, WITH RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE XI. Limitation of Liability and Remedies A To the extent permitted by law, and to the extent provided for under this Agreement under the Insurance provisions noted below, for claims related to bodily injury, death and damage to real property and tangible personal property, HTE shall indemnify and hold harmless the CITY from and against all direct damages and costs of any kind, including but not limited to reasonable attorney fees, ansing out of or resulting from any negligent acts, or negligent omissions of HTE, regardless of whether such claims are caused in part by any party indemnified hereunder, but not to the extent that the CITY is legally liable for such damages and costs In no event, however, will HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if HTE has been advised of their possibility B Except for HTE's obligations to indemmfy the CITY under infringement actions, as noted in Sections IX and XII of this Agreement, and claims for personal injury or damages to real or tangible personal property caused by HTE's negligence as noted above, HTE's liability for damages to the CITY for any cause whatsoever under this Agreement, regardless of the form of action, and except under HTE's Professional Liability Insurance provisions noted below, is limited to one and one-half times the total amount of fees paid by CITY under this Agreement for HTE Licensed Program(s) and services, not including any fees associated with HTE project management and related out-of-pocket expenses In situations involving performance or nonperformance of Licensed Program(s) furnished under this Agreement, the CITY's remedy is (1) the correction by HTE of Licensed Program defects, or (2) if, after repeated efforts, HTE is unable to make the Licensed Program(s) operate as warranted, the CITY shall be entitled to recover damages to the limits set forth in this section XII. Patent and Copyright Indemnity A HTE will, at its expense, defend the CITY against any claim that the HTE Licensed Program(s) supplied hereunder infringe a U S patent or copyright, and HTE will pay all costs, damages and attorney's fees that a court finally awards as a result of such claim To qualify for such defense and payment, the CITY must 1 Give HTE prompt written notice of any such claim, and HTE License doe 11 Denton License 7-22 doc Ver 5/15/99 7/22/99 2 Allow HTE to control, and fully cooperate with HTE in the defense and all related settlement negotiations B The CITY agrees to allow HTE, at HTE's option and expense, if such claim has occurred or in HTE's judgment is likely to occur, to procure the right for the CITY to continue using the Licensed Program(s) or to replace or to modify them so that they become non -infringing If neither of the foregoing alternatives is available on terms which are reasonable in HTE's judgment, upon written request, the CITY will return the Licensed Program(s) to HTE, and HTE shall refund to the CITY the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing C HTE shall have no obligation with respect to any such claim based upon the CITY's modification of the Licensed Program(s) or their combination, operation or use with data or programs not furnished by HTE or in other than the specified operating environment This section states HTE's entire obligation to the CITY regarding mfrrngement XIII Copyright Protection A The software and any written documentation associated therewith are protected under the Copyright Laws of the United States HTE warrants and CITY acknowledges that HTE has the following exclusive rights with regard to the Licensed Program(s) 1 To reproduce the Licensed Program(s) in any or all forms 2 To adapt, transform or rearrange the Licensed Program(s) 3 To prepare other products derivative of the Licensed Program(s) 4 To control the distribution of the Licensed Program(s) B CITY agrees not to violate any of HTE's rights or to assist or aid others in doing so CITY agrees to preserve all copyright and other notices in the Licensed Program(s) and written documentation XIV Insurance A HTE shall, at HTE's own expense, purchase, maintain and keep in force during the term of this Agreement such insurance as set forth below All insurance policies provided under this Agreement shall be written on an "occurrence" basis The insurance requirements shall remain in effect throughout the term of this Agreement HTE License doe Ver 5/15/99 Worker's Compensation as required by law, Employers Liability Insurance of not less than $100,00000 for each accident, $100,00000 disease -each employee, $500,000 00 disease -policy limit 2 Commercial General Liability Insurance - $1,000,000 Limit Professional Liability Insurance - $1,000,000 Limit 12 Denton License 7 22 doe 7/22/99 B Concerning insurance to be furnished by HTE, it is a condition precedent to acceptability thereof that All policies are to be written through companies duly approved to transact that class of insurance in the State of Florida, and Insurance is to be placed with carvers with a Best rating of A VII C HTE agrees to the following HTE hereby waives subrogation rights for loss or damage to the extent same are covered by insurance Insurers shall have no right of recovery or subrogation against CITY, it being the intention that the insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies, 2 Companies issuing the insurance policies and HTE shall have no recourse against CITY for payment of any premiums or assessments for any deductible, as all such premiums and deductibles are the sole responsibility and risk of HTE Approval, disapproval or failure to act by CITY regarding any insurance supplied by HTE (or any subcontractors) shall not relieve HTE of full responsibility or liability for damages and accidents as set forth in the Agreement documents Neither shall the insolvency or denial of liability by the insurance company exonerate HTE from liability D Any of the insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby XV. Assignment Neither CITY nor HTE shall assign or otherwise transfer any right of interest in this Agreement, in the System, or any of components of the System, in whole or in part, to anyone, including any parent, subsidiaries, affiliated entities or third parties, or as part of the sale of any portion of its business, or pursuant to any merger, consolidation or reorganization, including by operation of law, without the other party's prior written consent Such consent shall not be unreasonably withheld XVI Force Maleure Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, nots or failures or delay in transportation or communications The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement HTE License dcc Ver 5/15/99 13 Denton License 7 22 doc 7/22/99 XVII. Notices All notices, communications and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mall, postage prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses If to CITY City of Denton 215 E McKinney Denton, Texas 76201 Attn Alex Petitt If to HTE H T E , Inc 1000 Business Center Drive Lake Mary, Florida 32746 Attn Susan D Falotico Mailed notices shall be deemed commumcated as of five (5) days after mailing regular mail XVIII. Independent Contractor HTE covenants and agrees that he or she is an independent contractor and not an officer, agent, servant or employee of CITY, that HTE shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants, that the doctrine of respondent superior shall not apply as between CITY and HTE, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and HTE XIX Dispute Resolution In the event of a dispute arising under this Agreement the objecting party shall notify the other, in writing, of the nature of the dispute, and the parties shall attempt to resolve the issue under dispute within thirty (30) days of notification of the dispute If no such resolution is found within the thirty (30) day term, then either party may pursue its own legal remedies XX. General Provisions A Entire Agreement This Agreement and any Supplement(s) and/or Amendments to this Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein, and there are no representations, conditions, warranties, or collateral agreements, expressed or implied, statutory or otherwise, with respect to this Agreement, except as otherwise provided herein, and this Agreement shall supersede all previous communications, representations or agreements, either written or oral, between the parties to this Agreement This Agreement may not be modified, omitted or changed in HTE License doc Ver 5/15/99 14 Denton License 7 22 doc 7/22/99 any way except by written agreement signed by persons authorized to sign agreements on behalf of the CITY and of HTE B Severabtlity If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terns, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated C Remedies No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy herein by law or equity provided or permitted, but each shall be cumulative or every right or remedy given hereunder No covenant or condition of this Agreement may be waived without consent of the parties Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement D Governing Law This Agreement is entered into subject to the Denton City Charter and ordinances of CITY, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal laws If legal action is necessary to enforce this Agreement, venue shall he exclusively in the courts of Denton County, Texas E Headings The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof F As a matter of policy with respect to CITY projects and procurements, CITY also encourages the use, if applicable, of qualified contractors, subcontractors and suppliers where at least fifty-one percent (51%) of the ownership of such contractor, subcontractor and supplier is vested in racial or ethnic minorities or women In the selection of subcontractors, suppliers or other persons in organizations proposed for work on this Agreement, CONTRACTOR agrees to consider this policy and to use its reasonable and best efforts to select and employ such company and persons for work on this Agreement G Read and Understood Each party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms H Construction of Agreement Both parties have participated fully in the review and revision of this Agreement Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement I Binding Agreement The individual signing this Agreement and any Supplement(s) to this Agreement for the CITY warrants that they have been duly authorized to bind their respective principals to all rights, duties, remedies, obligations and responsibilities incurred by way of this Agreement and that the Agreement and any Supplement to the Agreement are a valid and binding obligation of the CITY J Successors Bound The terms and conditions of this Agreement shall extend and inure to the benefit and be binding on the respective successors and assigns of CITY and HTE HTE License doe f 15 Denton License 7 22 doe Ver 5115/99 7/22/99 K Non -waiver Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement L Non -Hiring Statement During the term of this Agreement and for a period of twenty- four (24) months after the termination of this Agreement, the CITY may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE The parties hereto acknowledge that they have read this Agreement and agree to be bound by the terms and conditions herein EXECUTED at Denton, Denton County, Texas, on the day and year first above written HTE, C BY _ G/GQE.eT �4n/TOS Title WITNESS CITY OF DENTON_ TEXAS m ATTEST JENNIFER WALTERS, CITY SECRETARY BY Q_ APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY, �r/%j� CJ HTE License doe 16 Denton License 7 22 doe Ver 5/15/99 7/22/99 SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN HTE, INC AND CITY OF DENTON, TEXAS SCHEDULE A -PRICING AND PAYMENT SCHEDULE CONTRACT NO. DENT-9900330 This Supplement is to the H T E , Inc Software License and Services Agreement (Agreement) dated of even date herewith, between H.T E , Inc (HTE) and City of Denton, Texas (Customer) Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect Designated Machine Use of the Licensed Program(s) provided in this Supplement percussion from HTE, may be subject to an upgrade charge Type Model on platforms other than specified below, without wntten CPU Number P. U."Fee, Z1 Fan Itdl Fm Pro M f. Converslm Fen Aonud Su rtG000MA cadene S 3712000MmuDoer Included$ 640D00Commuol Dvelo wont BuildinPmmu 4650000 ILlcrosed 1024000 S 116250D140"arcd Mm amen Included 640000 S 2560000 375000C.6Edcevrent 25 NO 00 768000 6 5D 00CP/Field moms server uim 1 50000 256000 312500 CEIMeld ecnme Cliem uiras 5u,ae 1 50000 312500 Flomang &Zonm 4650000 1 5 640000 I1162500 HTa UNIX Pnwronmmt 290000 7 20000 45000 0 HTH Emmne ces for 101uan 570000 1 80000 o i. Dliver 10 a luma0n 50000 1 150000 Tatd MEA ad.. software Cost, 1 S 15410000 1 34 S 43 0.00 N/A S 37,120001 S 2560000 1S 42tUD00 • 1 11 ----- 11 11 PAYa7HNTSCHEDL1dde Tolal Owlaact DueC¢m att Gbnh' PSteel" Due As 3rcw2edt Deh"W �D�ue�eI Od urriae Noted HIM ImoonseFees $ 154,10000 $'T7 o50 oD $7705000 HIEAppltrm nTrwwSFm 34 days Q$12ffeAy 43,52000 4352000 HIEApphlaam support Fam 42,25000 4225000 H[EprgjNf NlanaWfNn4 Iaelll 29 days Q.$12Wday 37,12000 3712000 HTECImSawm IX SCRN9905073 160 la8(a]5l6071otr 2560000 IZ80000 IZ80000 ThvdPm/ySoaweel2Dae F= 6,93500 6,93500 Thud Po* TrammgFees %340.00 8'mttoo Thud Patty Suppm Face 195000 195000 CgAMR)TALS 1 5319 00 Sl 76S $12 PLEASE NOTE THAT TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER HTE Schedule A 1 DENT Sch A doc Ver 5/15/99 7/22/99 *Payments THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS HTE License Fees 50% upon delivery and the remaining 50% due within thirty (30) days of completion of testing period or September 23, 1999 whichever is earlier Third Party License Fees On invoice, upon delivery Third Party Training Fees On invoice as incurred Project Management Fees On invoice, as incurred Conversion Fees 50% upon the execution of the System Change Request (SCR) (includes $250 00 processing fee noted below) and the remaining 50% upon completion Application Support Fees Prior to the commencement of the initial term ofsupport Support fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate Rates for subsequent years ofsupport service are subject to change Third Party Support Fees Prior to the commencement of the initial term ofsupport Support fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate Rates for subsequent years ofsupport service are subject to change Travel and Living Expenses Actual and reasonable travel and living expenses are in addition to the prices quoted above and well be invoiced as incurred HTE Support Services The initial term of HTE application support services shall commence one hundred twenty (120) days after delivery of the Licensed Program(s), and extend for a twelve (12) month term Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period Third Party Support Services The initial term of Thud Party application support services shall commence one hundred twenty (120) days after delivery of the Licensed Program(s), and extend for a twelve (12) month term Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period HTE Application Training Listed above, if applicable, are the number of days of training for the Licensed Programs listed Additional application training, if requested by the Customer, can be provided upon request at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Two Hundred Eighty Dollars ($1,280 00) per day The fee quoted does not include travel and living expenses Third Party Application Training Listed above, if applicable, are the number of training sessions for the Thud Party Licensed Programs listed Additional application training, if requested by the Customer, can be provided upon request at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Five Hundred Dollars ($1,500 00) per Session The fee quoted does not include travel and living expenses Project Management A description of the applicable level of Project Management is attached to this Supplement and fees will be invoiced in the amounts and under the terms noted above A mutually agreeable work plan will be created by the HTE Project Manager and the Customer Additional days of Project Management, if requested by Customer, will be mvoiced as incurred at the then current HTE daily rate at the standard billing rate in effect at that tune, which at the time of this Supplement is One Thousand Two Hundred Eighty Dollars ($1,280 00) per day The fee quoted does not include travel and living expenses Modifications Modifications will be controlled by the HTE SCR form which will be prepared for the Customer by the HTE Product Manager responsible for that module There will be a two hundred fifty dollar ($250 00) non-refundable processing fee for preparation of each SCR requested by the Customer HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with 50% payment, less the processing fee The final 50% payment is due upon completion HTE Schedule A 2 DENT Sch A doe ,Ver 5/15/99 7/22/99 Conversion HTE Conversion, if provided for herein, or if requested by the Customer after contract execution, will be controlled by the SCR form which will be prepared for the Customer by the HTE Conversion Team Manager There will be a two hundred fifty dollar ($250 00) non-refundable processing fee for preparation of each SCR requested by the Customer HTE will proceed on the SCR when the signed SCR is perc ent a 50%hpaymentomer's authorization is due upon completion with fifty percent Data must be given topHTEein anss the IBM processing fee The final fifty p ( ) compatible format on a specified magnetic media and must match data field definition Input data file clean up shall be the responsibility of the customer Additional conversion, if necessary, will be invoiced at the prevailing rate per hour It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion SCR form(s) for any conversion services included in this Agreement are attached for Customer signature and return to HTE Cancellation Charges Customer acknowledges that HTE makes every effort to schedule training and protect management sessions sufficiently in advance to make effective use of H's personnel and to obtain favorable prices for travel and living Accordingly, the following cancellation charges apply to training or on -site project management sessions canceled at the request of Customer cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on -site project management, cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on -site protect management In addition to the foregoing, Customer shall be obligated to reunburse H for any non- refundable expenses incurred by HTE for travel expenses Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Customer's costs and expenses under this paragraph To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced Third Party Software and Hardware Unless otherwise stated, Customer shall enter into separate license and/or maintenance agreements with each individual third party hardware or third party software supplier for the equipment or software as may be provided herein Warranty and ly to any software smaintenance upplied under ttinsSupples by mentfoHTE does ts eed nt make an(s) do not y warranties pfor any nonce-H peril duts uni unless otherwior third se provided PP PP herein Attachments Attached hereto and made a part hereof is Exhibit A, consisting of the General Specifications, the Building Permits Specifications, the Code Enforcement Specifications and the Planning and Zoning Specifications Warranty Extension The parties agree that the warranty provisions of Section X of the Agreement shall be extended by a period of nmety (90) days Licensedfor each particular produce a use FITEalso agrees to provide the servicest ve, which f necessary to ensuror the ethat of this Supplement, Licensed Programs included herein function ogether Programst tincluded hduring ern, the referenceedo ty (cumentation noted in Section X shall be the information contained in Exhibit 90) day exteded warranty period noted under this section For the iA need optional Licensed Programs The Customer has the option of purchasing the following Licensed Programs at the prices indicated below and HTE agrees to hold this pncipg firm for a penod of twelve (12) months from the date of execution of this Agreement Business Licenses Project Management, support and others services will be mvoced at HTE's standard rate at the time this option is exercise 3 DENT ScZhY9A doc HTE Schedule A Ver 5/15/99 Non -Hiring Statement During the term of this Supplement and for a period of twenty-four (24) months after the termination of this Supplement, the Customer may not offer to hue or in any way employ or compensate any of the employees of HTE or persons who have been employed by H7!E within the immediate past twenty-four (24) months without prior consent of HTE The terms andl conditions contained in this Supplement, including the prices, will be honored as set forth herein, provided this Supplement is fully executed by August 13,1999 Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a financing arrangement with any third party WITNESS HTE,IN; BY - 6iG lb6e r �4N`ra S V to" Title CITY OF DENTON, TEXAS BY I AELfJE City Mana ATTEST JENNIFER WALTERS, CITY SECRETARY BY 4-V719A ,dam APPROVED AS TO LEGAL FORM HERBERT L; PROUTY, CITY ATTORNEY NMM u HTE Schedule A 4 DENT Sch A doc ver 5/15/99 7/22/99 Project Management Level Descriptions Level II ♦ Schedule training visits of HTE RMININLIM ♦ Provide a dedicated Project Manager Application Specialists that monitors and tracts internal client deliverables and tasks and serves as ♦ Create a detailed work plan which the primary contact for HTE issues includes training visits, deliverable schedules and protect milestones ♦ Develop test plans and monitor testing ♦ Create the Project Scope Statement ♦ Participate in scheduled conference that defines deliverables and calls milestones ♦ Coordinate and schedule internal ♦ Project Manager vnll conduct resources for training and client scheduled conference calls or on site provided deliverables status meetings with Client Project Manager and or Project Team ♦ Provide a single point of contact at HTE � M3R1gj�r%u4k�b1'&������8gat ♦ wk4�`{jN11§4t49 �'�:I ;1'�j I` �I�mYit{e1frW14t��Cp$'s Sept9rlG'Fl ' HTE Schedule A 5 DENT Sch A doe Ver 5/15/99 7/22/99 Exhibit A General Specifications No Requirement Description 1 Avoid duplicate data entry Data is entered once and replicated or accessed when needed 2 Processing controls should provide assurance that authorized data input into the system is properly processed 3 Ability to easily scroll or page through records or files on a screen in either a forward or backward direction or to call up a single record directly by key 4 Ability to inquire online into any master file record, provided user has the proper authorization 5 "Drill down" from a summary level to the detail transactions that created it 6 Store, access, and retrieve multiple years of historical data 7 Staff must be able to adjust commonly altered variables, such as codes, tables, report parameters, etc without the services of a professional programmer 8 Ability for system tables to contain edit and validation rules to control data integrity 9 Availability of Windows based optional Graphical User Interface 10 Menu-dnven software -- easy to understand directions and prompts Arranged in a logical sequence Ability to bypass menus and gam direct access to any program for which user is authorized 11 Create custom menus for individual users Add client specific options to menu 12 Assign view only access to specific user profiles 13 Assign security to menu option level 14 Log -on to the system once 15 Restrict access to system features and restrict specific transaction processing to designated, authorized personnel, by user, by function 16 17 Maintain audit trails including changed by, changed date, and record (print or file) of changes Records in the software should be composed of data elements that have consistent names, lengths, and data types in all files and programs 18 Operate in a multi-user environment so record locking will be required to maintain the integrity of the data 19 Ability to prevent any master file record from being deleted if that record is referenced in any other file 20 Provide a central repository of prope / arcel information General Specifications No Requirement Description 21 Download to or access application data through desktop productivity tools such as spreadsheets, word processors, or report writers 22 Allow public access to public records through retrieval in various formats 23 Purge data based on user -defined criteria (with appropriate controls) including prior year date, unused data, etc 24 Use the same PC for system and mainframe emulation without having to shut one process down to start the other 25 View a list of users who are on the system and what modules they are accessing 26 Provide flexible backup utilities enabling the backup of individual items, application databases or the entire system 27 Support remote access for users in the field or those wishing to work at home 28 Receive complete training 29 Receive online documentation 30 Receive periodic software releases and enhancements 31 Provide support 24 hours/day, 7 days/week 32 Provide electronic dial -in Vendor can dial -in to computer for diagnosis and resolution of software problems 33 Average response time for sofware support is 2 hours or less 34 Vendor should have an active users' group where software enhancements can be suggested and problems addressed and corrected General Reporting Requirements 35 Electronically file reports for subsequent access 36 Ability for printed output to be queued to any of the system or network printers 37 View or print reports, as an option 38 All numeric fields are si -controlled 39 There are provisions for convenient alignment of pre-printed forms 40 There are logical controls for processing pre -numbered documents 41 Checks should be check protected, utilizing asterisks to precede dollar amounts 42 All reports should contain organization name, report title, column heading descriptions, processing date, sequentially numbered pages, and subtotals at each level break as appropriate 43 Use an ad hoc report writer for flexible reporting Building Permits No Requirement Description Permit Application Processing I Allow for the capture of basic application data and track status of permit applications 2 Allow assignment of pseudo or temporary parcel numbers to be used for permitting purposes until actual parcel numbers are available 3 Provide for calculation of standard fee amounts using user provided formulas or tables Track fee collections and receivables and generate payment receipts 4 Capture and allow access to complete permit histories by parcel 5 Provide a simplified system for processing miscellaneous pemnt applications (such as garage sale permits, etc 6 Allow for user -defined structure detail data items based on the type of work being performed For example, a different set of data may be set up for re -roof permits than for single family homes 7 Allow for data entry displays and items to be tailored to the type of permit being issued For example, fees displayed for selection should apply to the type of permit being issued 8 Allow for an unlimited number of names, addresses, and phone numbers to be entered for a permit application Allow for online searches by any of these names to locate a permit record 9 Allow for multiple subcontractors to be associated with a single permit For example, an electrical permit could have two or more subcontractors 10 Allow an unlimited amount of free -form notes to be entered for a permit Allow these notes to be flagged to appear automatically at key processing points (such as inspection entry) 11 Allow for unlimited user -defined codes for such items as type of construction, occupancy type, etc 12 Allow for the processing of blanket pemuts where a single permit fee is charged to cover the issuance of multiple permits 13 Allow for fees to be charged and collected that result in a credit balance for a permit application This credit balance amount can be applied later to other fees for the application 14 Allow for user defined valuation calculations based on a user -defined table of construction values 15 Allow user -defined square footage calculations based on a user -defined table of square footage values Building Permits No Requirement Description 16 Allow user to duplicate an existing permit application and all associated information to a new application at a different location An example would be a "standard plan" type of application that is being built repeatedly by a contractor 17 Provide a function to allow quick entry of historical data from manual files into the system 18 Allow tracking of construction bonds posted for permit applications Produce refund checks for bond amounts through interface to general ledger when requested 19 Allow "what if' type of fee calculations to answer inquiries from the public regarding various pernut application possibilities Produce a printed fees listing for each estimate 20 Allow scanning and storing of documents such as plans and application forms These scanned documents are to be attached to a permit application and recalled later online 21 Allow for search and retrieval of a permit or application using address, parcel number, associated names, type of application, application status, responsible department, or any combination of these items 22 Allow special notes to be attached to an address or parcel in the property file and flagged for automatic display in the building permits application 23 System automatically calculates permit expiration date based on user parameters Expiration date should be extended automatically based on inspection activity Provide option to send notification letters to contractors and/or owners prior to permit expiration through interface to word processing application Plan Review 24 Allow user -defined plan review routing based on type of work performed Standard routing based on type of work automatically created when application is entered Routing can change for individual applications (steps added/deleted) Do not allow permit to be issued until all required plan review steps are completed 25 Allow for entry of unlimited free -form comments during plan review Allow for the use of a user - defined table of standard comments that can be accessed during plan review 26 Allow for tracking of the amount of time in days that plans were under review for each plan tracking step Generate statistical reports summarizing the number of days spent in plan review for each type of job by each reviewing department Calculations of the number of days for each department should take into account the amount of time the plans were returned to the applicant or otherwise out of the department 27 Allow entry of plan corrections items as part of plan review Produce a plan correction listing of these items on demand Building Permits No Requirement Description 28 Allow user -defined security to authorize individuals to approve plan review steps for each agency Inspection Processing 29 Allow inspection scheduling and logging of inspection results 30 Allow for the setup of user -defined inspections sequences for each application based on the type of work These inspection sequences can be altered for individual permits as required The system should edit during inspection processing to assure that inspections are being performed in the correct order as specified by this sequence 31 Perform error checking during inspection scheduling to assure that *Contractors' licenses are valid *Inspections are being performed in the proper sequence *Type of inspection requested is valid for the permit *All required fees have been paid *Permit has not expired *Pent has not been placed on hold These edits should be user controlled 32 Allow user -defined penalties for falling inspections to be assessed during inspection results entry 33 Allow results continents to be keyed during inspection results entry Commonly used comments should be contained in a user -defined standard continents file that can be accessed during results entry 34 Allow user definition of security to assure that only authorized persons are allowed to use an inspector's ID to sign off on an inspection 35 Allow user -defined automatic assignments of inspections to inspectors by area Inspection area assignment to be retrieved from property database and automatically applied to inspection request User may override the automatic assignment 36 Allow a user -defined system of point values to assure that inspectors are not being over scheduled for a specific day This system should consist of a point value assigned to each inspection and a maximum points per day value to each inspector As inspections are scheduled, the system should maintain the accumulated points for each inspector and wain when the maximum is exceeded 37 Provide an easy method of reassigning an inspector's scheduled inspection for such situations as an inspector calling in sick 38 Provide the ability to load an inspector's daily assignments to a hand-held field computer for use in the field Provide the software to perform inspections in the field using this hand-held device Building Permits No Requirement Description 39 Allow the use of an Interactive Voice Response (IVR) telephone system to process inspections System should allow the use of a touch-tone telephone to enter inspection requests, cancel inspection requests, and perform inquiries on inspection results on a real -tune basis IVR should also be capable of accepting results of an inspection telephoned in by an inspector in the field CO and Permit Printing 40 Allow for interactive printing of permits using user defined permit print formats Allow notes from plan review and general application notes to be flagged to print on the permit Allow for user option of printing either combination permits (multiple permits per form) or single permits (one permit per form) 41 Allow user to define type of certificate to print (ex Certificate of Completion vs Certificate of Occupancy) Allow user defined print formats for certificates Perform editing prior to printing certificate for such items as all fees aid, all permits finalled, etc 42 Allow for the printing of Job cards to be hung at the Job site Job cards should be printed on weatherproof paper and list appropriate inspections for the Job Contractor Tracking 43 Provide database for tracking contractor information such as name, address, phone, type of contractor, licenses and insurance policies Provide an area for unlimited free -form text comments and notes for each contractor 44 Perform automatic checking of all contractor requirements for pulling a pemiit during permit processing These requirements are user -defined and can consist of both a document number (as a state license #) and/or an expiration date as when state license expires) 45 Allow for establishment and tracking of escrow accounts for contractors Escrow accounts allow contractors to place money on account and use to pay permit fees, eliminating need to bring individual payments for each permit fee Produce on demand statements for these accounts Reports 46 Statistical reports of permits issued by a user -defined date range 47 Statistical reports of the types of applications submitted by user -defined date range 48 Statistical reports of types of inspections performed by user -defined date range 49 Statistical reports of inspector activity by user -defined date range Building Permits No Requirement Description 50 Statistical reports of plan review processing including numbers of applications processed, average days to process, etc 51 Government agency reports such as the C-404 report) 52 Reports of open construction bonds and associated activity 53 Statistical reports of CO activity 54 Permits listings by contractor 55 Contractor file mailing labels 56 Pertmt expiration reports with option to print letters for expiring permits 57 Owner builder reports Integration 60 Cash receipts should validate account number and penalty amounts and update customer balance 61 Parcel management database should provide address, parcel information to the building permits system 62 Provide for verification of contractor's business license from the building permits system 63 Provide communication of conditions and other pertinent information from planning and zoning projects related to permit property locations Code Enforcement No Requirement Description 1 Identify violations by parcel Provide notifications to responsible party, and establish user -defined follow-up inspection program to ensure corrections are made 2 Allow user to define case types with user -defined sequence of actions and case data for each type 3 Allow user -defined violation types and related free -form text Allow multiple violations to be associated with a single case 4 Provide user -defined notifications to responsible parties (multiple parties possible per case) Use word processing as method for user definition of notification 5 Provide for the interface of electronic inspection devices, allowing inspectors to enter findings while at the site 6 Provide automatic follow-up of pending actions based on date due 7 Provide method of preparing agendas and backup documentation for cases reaching Code Enforcement Board or similar board 8 Ability to record hens on properties generated by code enforcement actions Lien transactions from code enforcement application to be automatically applied to Parcel Management system 9 Ptovide a method of assigning a case to an inspector for follow-up Where appropriate, allow demand reports to be inn, sorted by inspector 10 Provide a method for multiple departments to use the system with security options for each department Where appropriate, sort reports by department 11 Allow unlumted free -form text at the case level, violation level, inspection level, and for reporting findings of boards and meetings 12 Provide ability to locate a case by property address, any of the names associated with the case, parcel number or user -defined lookup field, as well as by case number 13 Provide a method of processing and tracking inspections not related to a case 14 Provide a method of establishing fine calculations based on a "per day" calculation User to input a start date for the fine and system to keep a running total to date 15 Cash receipts should validate code enforcement account number and penalty amounts and update customer balance 16 Ptovide ability to flag parcels with code violations to notify building permits system at permit application entry 17 Parcel management database should provide address and parcel information to the Code Enforcement system Planning and Zoning No Requirement Description 1 Capture basic planning project application information and track status of application Provide on - demand listings of planning projects in various sort orders (by address, type of project, project number, planner assigned, etc ) and with various selection criteria status of project, application date ranges, planner assigned) 2 Provide for user defuution of data items to be entered based on type of project 3 Automatic tracking and routing of projects through various user -defined processes consisting of agency and other review functions Routing should consist of a user -defined sequence of routing steps and should edit to ensure that steps are being processed in the correct sequence 4 Provide for electronic collection of such items as agency comments and conditions as review progresses Also, provide the ability to record review actions made by various agencies and the time spent in review 5 Provide the ability to assess fees and collect payments for planning projects Fees displayed during processing should be determined by the type of project with only the fees applicable to the project type being displayed 6 Provide the ability to accumulate charges automatically against projects for hours spent in review as tune is entered for review steps Any hourly charges accumulated should be deducted from a project deposit amount with a warning displayed when the accumulated charges reach a user -defined percentage of the deposit amount 7 Calculate user -defined "key dates" for projects automatically as part of the review process for a project Provide the ability to tie a key date calculation to a project review step and have the data calculate automatically when the step is complete 8 Provide a function for producing summary documents for a project from the comments and conditions entered during the project review without the user having to retype these comments and/or conditions 9 Provide a method of automatically generating user -defined notification letters to property owners and others regarding projects and meetings associated with these projects Through an interface with the parcel database, owners' names and addresses for surrounding properties should be automatically added to the list of addresses for the letters 10 Provide a method of producing meeting documents (such as agendas) for all projects scheduled for a particular meeting and date These documents should have the capability of accessing without rekeying comments and/or conditions keyed in previously as part of the individual project reviews 11 As part of the review process for project, any step(s) that are meetings should have a calendar of meeting dates available and should automatically be scheduled for the next appropriate meeting date when the previous review steps are complete 12 Provide a user -defined table of standard or recurring conditions that can be accessed and applied to a project during project processing, thereby elumnatmg the need to key repetitive "bollerplate" conditions 13 Provide the ability to access any project by project number, property address, project description, any of the names associated with the project (owners, developers, etc ) property parcel number, type of project, and user -defined lookup fields 14 Parcel Management should provide property information for all properties associated with a project An unlmuted number of properties may be associated with an individual project Planning and Zoning No Requirement Description 15 Allow users to flag entire projects or individual project conditions in such a manner as to alert the Building Permits counter personnel of a project or special condition at the time of permit application 17 Provide for central cash receipts to validate payments and update projects 18 Provide integration to word processing for entry of comments and conditions and to produce project summa documents