HomeMy WebLinkAbout2000-192ORDINANCE NOacna—/ q a
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN AUTOMATED
PERMITS MANAGEMENT, PROJECT TRACKING AND CODE ENFORCEMENT SOFTWARE
SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION
THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE (PURCHASE ORDER 05303 TO CRW IN THE AMOUNT OF $223,050)
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" listed hereon, and on file
in the office of the Purchasing Agent, are hereby approved
PURCHASE AMOUNT
ORDER VENDOR
05303 CRW Associates $223,050
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,
1,01
PASSED AND APPROVED this —_ day of , 2000
(U
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
ATTORNEY
05303 PO ST
EULINE BROCK, MAYOR
jVr' AXSOCIalas
AGREEMENT
FOR THE INSTALLATION AND USE OF
PERMIT AND CODE ENFORCEMENT SOFTWARE
This Agreement is entered into this �O9 day of 2000, by and between the City of
Denton, TX, (hereinafter "CLIENT") and CRW AS IATES, a d b a of CRW Systems, Inc, (hereafter
"CRW") for the installation of a permit and code enforcement software, and other services, as specifically
provided herein (hereafter referred to as "the Project")
IN CONSIDERATION of the covenants as set forth in this Agreement, CLIENT and CRW agree as follows
A. SCOPE OF SERVICES / SCHEDULE OF WORK
A 1 PROJECT DESCRIPTION
The Project is more specifically defined as follows Installation of an automated permits management, project
tracking, and code enforcement software system
A.2 COMMENCEMENT DATE / SCHEDULE OF WORK
A 2 1 The commencement date of this contract shall be the date upo notice CRW
isi provided receipt f all of the
following (a) a fully executed original of this Agreement, (b) to proceed
CLIENT, and (c) the initial contract payment as provided in this Agreement CRW shall not be obligated to
perform any work pursuant to the project, including labor or materials, prior to the commencement date as
defined herein
A 2 2 A Schedule of Work, with itemized pricing of various items associated with the Project is attached
hereto as Exhibit A and incorporated herein by this reference Subject to CLIENT'S duties and
responsibilities provided in Section C, the time periods set forth in Exhibit A shall be adhered to The time
periods indicated are provided as a general understanding of the estimated time period in which various
Project items will be completed It is not intended to impose strict deadlines for completion of all or any part
of the work
A 2 3 The time schedule provided in Exhibit A, Schedule of Work, is based in large Parton the assumption
that CLIENT will provide all necessary information to CRW in a timely manner in accordance with Section C
of this Agreement
B DUTIES AND OBLIGATIONS OF CRW
B 1 SCOPE OF WORK.
B 1 1 After the commencement date, CRW shall perform the following services
(1) Install Permit Tracking, Code Enforcement and Project Management software
(2) Provide data conversion of CLIENT'S existing data and incorporate data into CRW system
CLIENT CRW `/
(3) Provide hands-on, Administrator Training, as specifically provided herein
(4) Provide on -site, hands-on, User Training, as specifically provided herein
(5) Provide full -day on -site support on implementation date, as specifically provided herein
(6) Provide deal-m telephone support during Annual Maintenance period CLIENT to provide
local workstation with PCAnywhere (or equivalent) connection
B 1.2 CRW shall install software and provide all services in a workmanlike manner in accordance with the
Schedule of Work, subject to the terms and conditions as stated in the Agreement Any additional services
must be evidenced by a written modification of this Agreement, or change request pursuant to Section C of
the Agreement Services to be provided do not include hardware
B 2 IMPLEMENTATION
CRW shall perform implementation services including setup of fee formulas, valuation schedules, and
reports/forms The number of fee items shall not exceed 18, the number of valuations shall not exceed 30,
and the number of reports/forms shall not exceed 10
B 3 DATA CONVERSION.
CRW shall provide database conversion services necessary to convert the CLIENT's existing permit database
to CRW system format To accomplish this conversion, the CLIENT will provide a copy of the existing
database in ASCII, dBase, Excel, or Access format
B 4 ADMINISTRATOR TRAINING.
CRW Associates shall provide 2 days of training for designated System Administrators The training will be
conducted at CLIENT or CRW offices for up to three (3) staff members per training day Because of the
extensive material to be covered for System Administrators, CRW Associates recommends that System
Administrator training be conducted at our office Should the CLIENT elect to have this training at CLIENT
offices, an additional 2 days of travel time and expenses will be billed to CLIENT
B 5 USER TRAINING.
CRW Associates will provide training for Permit Trak, Code Trak, and Project Trak software Trainingwill
be conducted at CLIENT offices for up to 20 staff members We anticipate at least 3 days of training per
group of ten staff members It is assumed by CRW that the staff to be trained for the software will have a
basic knowledge in the use of personal computers and MS -Windows It is the CLIENT's responsibility to
provide adequate training facilities and equipment for this training
B 5 1 A fee of $350 per day will be assessed for each staff member to be trained in excess of 20, when such
training occurs concurrently with B 5
B 5 2 Subsequent days of training for up to six (6) staff members, if requested by the CLIENT, will be
billed at the rate of $ 1,750 per day, plus travel expenses
B 6. MAINTENANCE AND SUPPORT:
CLIENT�4 CRW COW 2
Software maintenance and support will be provided as outlined in Exhibit B
B 7 NOT RESPONSIBLE FOR DAMAGES DUE TO UNFORESEEN DELAYS:
CRW shall NOT be responsible for any damages resulting from delays outside of its reasonable control,
including, but not limited to, (a) failure of CLIENT to furnish timely information, (b) failure of CLIENT to
approve or disapprove of CRW's work, and/or (c) strikes, lockouts, accidents, or acts of GOD
C. DUTIES AND RESPONSIBILITIES OF CLIENT.
C 1 INFORMATION TO BE PROVIDED BY CLIENT'
C 1 1 CLIENT will provide all information necessary for CRW to establish the permit software control
files, including but not limited to
Current valuation and fee structures
Current Permit Type designations and categories
3 Examples of all current reports used by the CLIENT relating to permit management
4 Any exceptions to the typical permit process, or any special permit processing requirements
C 1 2 The CLIENT will provide CRW with access to CLIENT workstations and disk space for installation
of the software
C 1 3 The CLIENT will ensure and provide that staff who will be trained in the use of CRW software will
have sufficient basic knowledge of permit processing and MS -Windows functions
C.2 CLIENT COOPERATION
C 2 1 CLIENT understands that timely completion of the Project is dependent insignificant part upon the
timely cooperation of CLIENT in providing information to CRW necessary to complete the project,
mcluding, but not limited to (a) Data obtained from CLIENT'S present system to be incorporated into the
new CRW system, and (b) information relative to desired permit forms to be incorporated into the CRW
system
D COMPENSATION
D 1 CRW COMPENSATION AND FEES:
CLIENT agrees to compensate CRW for professional services rendered under this Agreement for the total
contract price of $214,050 [Two hundred and fourteen thousand, and fifty dollars], which amount shall
include all labor, materials, taxes, insurance and all other costs associated with the Project, except any
CLIENT 4
CRW
specific optional items identified in Exhibit C "Summary of Project Fee " Contract price shall not include the
price of any hardware associated with the Project, which shall remain the responsibility of CLIENT In
addition, this fee shall not include any changes to the work as may be requested by CLIENT and incorporated
into the project pursuant to a written request by CLIENT as provided in section E of this Agreement
D 2 TERMS OF COMPENSATION
CRW will submit invoices for work performed according to the payment schedule shown in Exhibit C
"Summary of Project Fee " CLIENT shall pay all invoices within thirty (30) days of the invoice date Failure
of CLIENT to pay invoices within forty-five (45) days of the original invoice date will subject CLIENT to a
late payment fee computed at a periodic rate of 1 0% per month of the amount past due, representing an
annual percentage rate of 12%, which late fee shall be applied to any unpaid balance
In the event CLIENT fails to pay any invoice within forty-five (45) days of the invoice date, CRW shall have
the right, within its sole and exclusive discretion, to either suspend all further work on the project until any
outstanding invoices have been paid, or terminate this Agreement upon written notice Failure to exercise any
right provided by this section shall not be deemed as a waiver of the late payment fee provided above, or a
waiver of any right to suspend or terminate the Agreement in the future due to failure of CLIENT to timely
pay CRW invoices
E. CHANGES AND ADDITIONS TO THE WORK
E 1 REQUIREMENT OF WRITTEN CHANGE ORDERS
CLIENT may request CRW to perform additional services not covered by the specific Scope of Work as set
forth in Exhibit A of this Agreement Any such requests shall be submitted in writing, and shall be signed by
the Client Representative, as identified in F 1 I of this Agreement, and an authorized representative of CRW
Such signed requests shall include (a) a description of the additional services to be performed, and (b) the
agreed upon price for such services Any such requests signed by the Client Representative, or other
authorized agent of CLIENT, shall be deemed authorized by CLIENT and shall be bind CLIENT to its terms
E 2 PAYMENT FOR ADDITIONAL WORK
Any such additional work performed by CRW shall be added to the contract price and billed in accordance
with the "Summary of Project Fee" as outlined in Exhibit C of this Agreement CRW will not commence any
additional services for the CLIENT until written authorization has been given by CLIENT and approved by
CRW, as provided above
F. INDEMNIFICATION AND INSURANCE
F 1 INDEMNIFICATION•
F 1 1 CRW shall indemnify, defend and hold harmless CLIENT from and against any claims, based upon
infringement of any United States copyright trademark or patent by the Software CLIENT agrees to notify
CRW of any such claim promptly in writing CLIENT agrees to cooperate fully with CRW during such
proceedings CRW shall defend at its sole expense all proceedings arising out of the foregoing In the event
of such infringement, CRW may replace, in whole or in part, Software with a substantially compatible and
functionally equivalent computer program or modify Software to avoid the infringement
CLIENT CRW G� 4
F 12 CLIENT agrees to indemnify and hold harmless CRW, including its employees, subcontractors,
consultants, and agents, from and against liability, damages, costs, losses, claims and expenses, including
reasonable attorneys' fees, arising out of the negligent acts, errors, or omissions of CLIENT, including any of
its officers, employees, or agents, to the extent permissible under Texas State law
F 2 INSURANCE.
CRW, shall at CRW's own expense, purchase, maintain and keep in force during the term of this Contract
such insurance as set forth below All insurance policies provided under this Contract shall be written on an
"occurrence" basis The insurance requirements shall remain in effect throughout the term of this Contract
F 2 1 Worker's Compensation as required by law, Employers Liability Insurance of not less than
$100,000 00 00 for each accident, $100,000 00 disease -each employee, $500,000 00 disease -policy limit
F 2 2 Commercial General Liability Insurance - $1,000,000 00 Limit
F 2 3 All policies are to be written through companies duly approved to transact that class of insurance in
the State of Texas
F 2 4 Insurance is to be placed with carriers with a Best rating of A VII or better
F 2 5 CRW 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 CLIENT, it being the intention that
the insurance policies shall protect all parties to the Contract and be primary coverage for all losses covered
by the policies
F 2 6 Companies issuing the insurance policies and CRW shall have no recourse against CLIENT for
payment of any premiums or assessments for any deductible, as all such premiums and deductibles are the
sole responsibility and risk of CRW
F 2 7 Approval, disapproval or failure to act by CLIENT regarding any insurance supplied by CRW (or any
subcontractors) shall not relieve CRW of full responsibility or liability for damages and accidents as set forth
in the Contract documents Neither shall the insolvency or denial of liability by the insurance company
exonerate CRW from liability
F 3 PROOF OF INSURANCE
Upon request by CLIENT, CRW shall deliver to CLIENT a Certificate of Insurance for Items C 2 and C 3
above as proof that said insurance will remain in full force throughout the term of this Agreement
Upon request by CLIENT, CLIENT, its officers and agents, shall be endorsed as an additional insured under
CRW's General Liability Insurance CRW will not modify or cancel its General Liability Insurance without
written notification and approval from the CLIENT
G TERMINATION
G 1 TERMINATION OF AGREEMENT
G 1 I This Agreement may be terminated by CLIENT at any time, with or without cause, upon written
notice to CRW Notwithstanding the date of such notice, termination shall be effective upon receipt by CRW
CLIENT CRW 5
of such notice of termination In the event of termination by CLIENT, CLIENT shall pay CRW for all
services and materials provided to CLIENT pursuant to this Agreement up to and including the date of receipt
by CRW of notice of termination
G 12 In the event CLIENT terminates this contract, the CLIENT agrees to immediately return all source
code or other materials provided to CLIENT by CRW, and to destroy, erase, and purge all software provided
by CRW from any and all CLIENT computers
G 13 Within 30 days of termination CLIENT agrees to provide CRW with written confirmation that all
CRW software has been destroyed Within its sole discretion, and upon reasonable notice to CLIENT, CRW
shall have the right to verify that CRW software has in fact been removed or destroyed by personal inspection
of CLIENT computers
G 1 4 Any use by CLIENT of any CRW software after termination of this agreement by CLIENT without
the express written authorization of CRW shall be a breach of this agreement and subject CLIENT to
substantial damages
H OWNERSHIP OF DOCUMENTS
H 1 OWNERSHIP OF DOCUMENTS
H 1 1 All plans, specifications, reports, and other design documents prepared by CRW pursuant to this
Agreement shall become property of CLIENT only after completion of the Project
H 1 2 All source code for computer programs or modifications to programs, which are produced pursuant to
this Agreement shall be deemed, and remain, the intellectual property of CRW and are protected under the
copyright, patent, or other laws, of the United States as well as other jurisdictions where such programs are
being used
H 1 3 CLIENT agrees to respect CRW's purported ownership of any such proprietary rights which may
exist, including patent, copyright, trade secret, trademark and other proprietary rights, in and to Software and
any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to
Software, whether made by CRW or any third party Under no circumstances shall CLIENT sell, license,
publish, display, distribute or otherwise transfer to a third party Software or any copy thereof, in whole or in
part, without CRW 's prior written consent
H 2 SOURCE CODE ESCROW
H 2 1 CRW shall deposit into a software escrow account, as described below, a copy of the latest source
code for the software being installed by CRW pursuant to this Agreement
H 2 2 The escrow account will be at any bank or legal office chosen by CRW CRW will deliver the source
code on floppy diskette to the bank or legal office for escrow, and CRW will provide updated source code to
the bank or legal office semi-annually (or as long as the CLIENT maintains technical support)
H 2 3 CRW will pay the entire cost of this source code escrow account
H 2 4 In the event that CRW ceases to do business or ceases to offer or provide support for the software it
has provided to CLIENT pursuant to this Agreement, CLIENT will have the right to access and use the source
code
CLIENT CRW
H 2 4 If the contract is terminated for any reason, or for no reason, by any party prior to project completion,
then all source code shall be returned unopened and unused to CRW by the escrow agent/officer upon written
request by CRW to such escrow agent/officer with a copy of any notice of termination Such written request
with notice of termination delivered to the escrow agent/officer shall be sufficient to relieve said escrow
agent/officer from any claims, causes of action, or liability of any kind and to any party for release and return
of the source code to CRW
COMMUNICATION THROUGH CLIENT / CRW DESIGNATED
REPRESENTATIVES.
All communication relating to project status shall be exchanged between a designated representative of the
CLIENT and a designated representative of CRW as identified below
I1 DESIGNATED CONTRACT REPRESENTATIVES'
I 1 1 The designated representative of CLIENT and CRW Associates is as follows
CLIENT
CRW
Mr Greg Mitchell
Christopher R Wuerz, P E
Building Official
President, CRW Systems, Inc , d b a CRW
City of Denton
Associates
221 N Elm St
16980 Via Tazon, Suite 320
Denton, TX 76201
San Diego, CA 92127
Phone (940)349-8361
Phone (858)451-3030
Facsimile (940) 349-7208
Facsimile (858) 451-3870
email Greg Mitchell@cityofdenton com
email chris@crwassoc com
I 1 2 If the designated representative or address of either party changes during the term of this Agreement,
a written notice shall be given to the other party prior to the effective date of change
12 DESIGNATED SYSTEM ADMINISTRATOR
12 1 The CLIENT Representative shall identify and designate a System Administrator All
communication related to day-to-day operations of the system, including system maintenance, systems
problems and/or troubleshooting, shall be made to CRW only through either the designated representative of
CLIENT as identified in I 1 1 above, or the System Administrator as identified below
I 2 2 The System Administrator shall participate in all training sessions conducted by CRW as required by
this Agreement, and shall become fully knowledgeable and competent to use all aspects of the system
software (It is highly recommended that the designated System Administrator be someone with experience
and competence with personal computers )
I 2 2 The System Administrator for CLIENT is designated as follows
Mr Alex Pettit
Manager of Information Systems
City of Denton
221 N Elm Stl
CLIENT CRW 7
Denton, TX 76201
Phone (940)349-8595
Email Alex Pettit@cityofdenton com
13 One Client Representative and One System Administrator
There shall be only one CLIENT representative and one System Administrator at anyone time However,
CLIENT may at any time designate a new representative or system administrator upon written notice to
CRW
J. MISCELLANEOUS GENERAL PROVISIONS
J.1. LICENSES
CRW shall maintain all business licenses as may be required by law
J.2 STATUS OF CRW AS CONSULTANT
Throughout the term of this Agreement, CRW, its employees, subcontractors, consultants, and agents shall be
considered as an independent contractor(s) Nothing in this Agreement shall be interpreted to imply an
employee -employer relationship between CLIENT and CRW
J 3 MEDIATION OF DISPUTES'
Both CRW and CLIENT agree to participate in good faith in non -binding mediation of any dispute or claim,
which remains unresolved after informal discussions Both CRW and CLIENT shall negotiate in good faith
to select a qualified mediator
J 4 ATTORNEY'S FEES:
In the event that any legal proceeding is instituted by either CRW or CLIENT to enforce the terms of this
Agreement or to determine the rights of CRW or CLIENT, the prevailing party in said legal proceeding shall
be entitled to recover its reasonable costs and attorney's fees
J 5 APPLICABLE LAW.
This Agreement, its interpretation and all work performed thereunder shall be governed by the laws of the
State of Texas Venue for the enforcement of this agreement shall lie exclusively in the District Courts of
Denton County, Texas, or the United States District Court for the Eastern District of Texas, Sherman
Division
J 6 BINDING ON SUCCESSORS'
All the terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors, assigns and legal representatives
J 7 DUE AUTHORITY.
CLIENT represents and warrants that the person executing this Agreement on behalf of CLIENT is an agent
of CLIENT and has full and complete authority to execute this Agreement and enter into the terms and
CLIEN 4 CRWAW
covenants provided herein, and has been designated by CLIENT to execute this Agreement on behalf of
CLIENT
J 8 WARRANTY OF TITLE
CRW warrants that it has good title and all proprietary rights to the Software to enable it to license its use to
CLIENT free of any proprietary rights of any other party or any other encumbrance
J 9 APPLICATION SOFTWARE WARRANTY
CRW warrants that its Software will perform in the manner described in the Contract documents and any
other written user documentation for the version installed This Warranty shall commence upon date of
acceptance by CLIENT as defined by Exhibit E attached hereto
J 10 SPECIAL YEAR 2000 WARRANTY
CRW warrants that each software and firmware product delivered under the 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 product documentation provided by CRW, provided that all other interfaces (e g ,
hardware, software, firmware) used in combination with such product properly exchange date data with it
This warranty shall apply to CRW's products as a system The duration of this warranty and the remedies
available to the CLIENT for breach of this warranty shall be as defined in, and subject to, the terms and
limitations of CRW's standard commercial warranty or warranties contained in the contract(s), provided that,
notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies
available to the CLIENT under this warranty shall include repair or replacement of any CRW -supplied
product whose non-compliance is discovered and made known to CRW in writing Nothing in this warranty
shall be construed to limit any rights or remedies the CLIENT may otherwise have under the contract with
respect to defects other than Year 2000 performance
J 8 ENTIRE AGREEMENT
This Agreement contains the entire understanding and agreement between CRW and CLIENT Any Prior
agreements, promises, proposals, negotiations or representations —oral or written —not expressly set forth
herein shall be of no force or effect This Agreement may be modified or amended only by written agreement
signed by both CRW and the CLIENT
CLIENT CRW �
CLIENT
Dated (00 -6 _IA060
ATTEST
APPROVED AS TO FORM
CLIENT CR1114"/
CRW ASSOCIATES
Dated 7 -17- z-,006P
By
Christopher R Wuerz, Preside it
President, CRW Systems, Inc d b a
CRW Associates
10
EXHIBIT "A"
SCHEDULE OF WORK
Projected Target
Task Item
Date
1 Initial software delivery Upon CLIENT approval of contract and signature of all
(Date)
documents by CRW and CLIENT, CRW delivers standard version of proposed
Licensed Software Product on CD computer media CRW begins to modify software
product to meet contract commitments and customize screen displays and reports to
meet CLIENT requirements
2 Project lock -off meeting. CRW reviews project timetable and training schedule with
Wk of
CLIENT Computer Services and Community Development Dept personnel CRW
adjusts schedule as required CRW installs standard software with demonstration
database for initial testing by CLIENT CLIENT provides copy of existing data to CRW
for preliminary conversion
3 Complete Software Delivery CRW delivers and installs modified Licensed
Wk of
Software Product CRW installs converted data for CLIENT review and testing CRW
demonstrates that software conforms to proposal specifications and additional
commitments CLIENT begins testing completed software using converted data
3A SQL Server Database Configuration CLIENT configures SQL -Server database,
and installs data table structures CRW assists CLIENT with database configuration
Wk of
4 Initial Training CRW trains System Administrators and Users CLIENT tests
system and verifies that it performs as specified and is ready for use CRW corrects
defects as necessary
5 Data Delivery Upon successful test results, CLIENT delivers complete existing
Wk of
historical data to CRW for final conversion
6 Pre -production Training CRW trains Front Counter staff CLIENT begins to use
Wk of
system for customer service CRW assists CLIENT staff with initial operation
7 Supplementary Training CRW additional department staff, and provides
Wk of
supplementary training as needed Review and usage of system by staff Implement
changes as needed
8 Final Tra ning CRW trains Inspectors and additional as needed
Wk of
9 Final system acceptance by CLIENT. CLIENT completes Acceptance Testing, and
(Date)
certifies Permit System delivered as specified and proposed CRW corrects defects as
warranted
Target dates on this schedule are intended to reflect projected completion dates for the respective milestone, not
contractual date deadlines
CLIENT CRW C&J 11
EXHIBIT `B"
CRW Associates will provide
Telephone S Ort (first ninety days after installatioinl
We encourage the CLIENT to contactus
i notated by he client, and we record these o resolve high -priority issues or urgent bcalls
We maintain a log of all technical Support questions
in 15-minute intervals During the first ninety (90) days after final acceptance (as outlined in Exhibit
F), of the software, there is no charge for this service
We require the CLIENT to initiate this TSA with a payment of $ 500 We maintain a log of all
technical support questions initiated by the client, and we record these calls in 15-minute intervals
The charge for these calls will be deducted from this account at the rate of $ 15 per 15-minute
deducted from thisaccount if technical support upport all result initiatedpport request is in a d agn sedlprogramient arges will not be
error
Response to written problem reports_
For lower priority issues and questions, we provide a fax -in, e-mail or mail -in problem report We
encourage the CLIENT to submit these reports at any time Our policy is to acknowledge receipt of
all reports within 2 days with a telephone call to the client, and to provide a resolution to the problem
within 10 days
Monthly telephone follow-up call from CRW
We will contact the CLIENT by phone at least once per month to check up on system performance,
unanswered questions, etc This monthly contact will be at no additional charge to the CLIENT
All software unerades modifications
We will provide the CLIENT with all software upgrades and modifications These new versions will
be transferred to the client via diskette (if requested, limited to one update per month) or via modem
through the Internet (unlimited number of updates) It is anticipated that at least one software upgrade
per month will be provided
CLIENT CRW �� 12
EXHIBIT "C"
SUMMARY OF PROJECT FEE
Item 1 Software
Item 1 a Business License Software
Item lb Installation and Training
Item lc Technical Support
Item 2 Annual Maintenance
Item 3 Telephone Tech Support
Item 4 Database Development
Item 5 UNIX Database Interface
Item 6 Database Conversion
Item 7 Field Inspection Software X 12
Item 7a Annual Maintenance for Item 7
Item 8 IVR Interface
Item 9 Internet Interface
Item 10 Time Clock Module
Item 10 GIS Interface
Item 11 Address/Parcel Update Interface
Item 12Implementation
Total Contract Price*
COST SUMMARY
$ 37,000
$ 7,500
$ 58,500
No Charge for first six months
$ 13,350/yr (Covers first yr after 6 months)
Billable after first 90 days Rate = see notes
$ 7,500
$ 7,500
$ 7,500
$ 12,000
$ 3,600
$ 7,500
$ 7,500
$ 7,500
$ 7,500
$ 5,000
$ 24,600
$ 214,050
Item 13 Estimated Travel Costs $ 9,000
• Travel expenses are not included in the contract price All travel related costs (travel time, airfare, lodging,
car rental and meals) will be billed as they are incurred CRW provides the estimated travel cost below as a
`per diem' maximum for travel occurring during the first six (6) months after contract execution
• Travel time = 8 hours per person per trip @ $ 65 / hour
• Airfare = $ 750 round trip per person (based on minimum two -week advance booking)
• Lodging = $ 100 per night per person
• Car rental = $ 75 per day
• Meals = $ 45 per day per person
PAYMENT SCHEDULE
Percentage
Amount
Due Upon
Date Due
20%
$ 42,810
Upon contract execution
TBD
20%
$ 42,810
45 days after contract execution
TBD
20%
$ 42,810
90 days after contract execution
TBD
20%
$ 42,810
Upon system acceptance*
TBD
200%,
$ 42,810
30 days after system acceptance
TBD
Total
$ 214,050
*System acceptance is defined in Exhibit "E" Upon completion of the System Acceptance tests, or upon commencement
of productive use of the software for creating and issuing permit records, and collecting fees from the general public,
System Accepts ce will be deemed completed and satisfactory
CLIENT CRW
13
EXHIBIT °°D"
SOFTWARE LICENSE AGREEMENT
This License Agreement for the use of "Community Development Software" (Software) developed and
marketed by CRW Associates is granted to CLIENT by CRW Associates (Developer) as of this date
SUMMARY OF LICENSE TERMS
1 Software is marketed by Developer under the titles of "Permit Trak", "Code Trak" and "Project Trak"
2 Software provided to the Client under this License allows the CLIENT the use, not own, the software
3 Software is provided to the Client as a multi-user, concurrent access license The designated number of
concurrent users for this license is 30 Client is permitted to install Software on any and all workstations
owned or controlled by the Client Software will allow a designated number of
access
databases maintained by Software Users attempting to access the systemconcurrent
dat ba eswith Softwareoafter thehe
designated number of concurrent users is logged on will be prohibited from logging on
4 This software may not be sub -licensed, re -sold, transferred or otherwise distributed by the Client to any
other person, company or organization without the written authorization of the Developer
5 This d all
s and bug fixes, is protected
y the
laws of thetUnited States and inting any ernational alc copyright treatiesdeUnauthorized copymg of thebSoftwacopyright
including software that has been modified, merged or included with the Software, or the associated written
materials ly
den You may nt remove,
patent, copyright,h 1Documentation") is trademarks, trade ecretsor otherdpropr proprietary rights in he Software e, or alter any notice The f
The Title, ownership
rights and intellectual property rights in and to this Software shall remain in the Developer
6 The Developer has made reasonable checks of the Software to confirm that it will perform in normal use on
compatible equipment substantially as described in the specifications for the Software However, due to the
inherent nature of computer software, neither the Developer nor any individuals involved in the development
or installation of the Software warrant that the Software or the Documentation is completely error free, will
operate without interruption, is compatible with all equipment and software configurations, or will otherwise
meet your needs
7 Neither the Developer nor any of the people or companies involved in providing this license to the Client
may be held liable for any incidental or consequential damages caused by failures or faults of the software or
its functions
bilities
h respect to error
tions yvill be to correct any
in theeSoftwarre or ItsDevelopers lfunctionsiwhich aretbrought to the ttent on defects or errors
gf�he Developer by the Client
9 This License Agr ement will remain n effect until Clien eturns Software to Developer, or until Software
s destroyed by client
Agreed by C ient Date �o aZ DO
CLIEN CRW✓ 14
EXHIBIT "E"
SYSTEM ACCEPTANCE and PROJECT SIGN -OFF
CLIENT shall commence System Acceptance tests upon written notification from CRW that system
sofare and database conversion has been installed and is ready for
tance teing
shall be conducted at CLIENT site, using CLIENT computer System omputer hardware CLIENT staff will conduct aling
System Acceptance Testing
CLIENT 30) days for System
e Testing,
date of notification
as provided m 1 aboallowed a period of ve (and continuing, and completed,cas provided beginning paragr phs 3he
and 4 below CLIENT shall immediately advise CRW, in writing, of any error, or perceived error,
discovered at any time during the testing period
Upon delivery of written notification from CLIENT to CRW that a system software or database
conversion error, or other problem, has occurred, CRW shall have ten (10) business days to address and
correct such error so as to render the system operable CRW shall provide written notice to CLIENT that
the error has been corrected During the time period between notification of any error until to such time
that CRW advises CLIENT of correction of such error the thirty (30) day System Acceptance test period
shall be suspended The thirty (30) day System Acceptance test period shall resume notice by CRW that
the previously noticed errors have been corrected
CRW shall provide written notice to CLIENT when the 30 day System Acceptance test period has
expired Thereafter, CLIENT shall have five (5) business days to provide CRW with written notice of
CCURRED AT
any remaining errors or problems ACCEPTANCE
THE LATEST OF HE FOLLOWING DATES (a) T HHE ALL DATE WRITT N NOTICE IBE DEEMED TO HAVE 3 PROVIDED BY
CRW TO CLIENT THAT THE ROBLEMS
BY CLIENT PURSUANT TO
SECTION HAVE BEEN CORRECTEDPOR (b) HE DATEOFNO ICE BY CRW TO CLIENT THIS
INDICATING THAT THE ACCEPTANCE TESTING PERIOD HAS EXPIRED
CLIENT may begin using the software for productive use following completion of the System
Acceptance tests "Productive Use" shall include the issuance of building permits, inspections and fee
collection from the general public CLIENT may not begin to use the software for productive use prior to
completion of the System Acceptance tests If CLIENT begins using software for productive use prior to
completion of the System Acceptance test, then the system acceptance test will be deemed completed and
satisfactory
CLIENT CRWC&V 15