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HomeMy WebLinkAbout13. 13-514 NOVEMBER 26, 3213 13-514 RESOLUTION (CARRIED___7-0___LOST_______LAID OVER______WITHDRAWN______) PURPOSE: APPROVE AGREEMENT INFOVISION SOFTWARE INC. FOR PERMITTING SOFTWARE INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Software License, Services and Support Agreement with Infovision Software Inc. for a new internal permitting software package is hereby approved and the proper City officials are hereby authorized and directed to execute and deliver the agreement in substantially the same form as attached, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. Money for this purpose is hereby appropriated from: Acct. No. 100-0730-7230-00000 General Fund – Community Development – Computer Software 1:9111 Of HKOf H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis Community Development Director DATE: November 21, 2013 RE: Approve Contract with Infovision Software and Purchase Required Hardware BACKGROUND City staff has been working with our development and construction customers like contractors, engineers, architects and facility managers to improve the City's review and approval process. At the same time, the City has embarked on a LEAN process initiative to improve the review time for commercial developments in the city that require site plan review. Staff identified specific steps in the current process that could be modified to improve the experience for our customers and help staff become more efficient internally. Based on the results of our customer input and the LEAN process analysis, an improved web-based development document handling system is recommended. The current software is more than fifteen years old and does not integrate with other city software programs dealing with development. ANALYSIS Staff believes this initiative is part of the solution for the city's strategic plan objective which strives to make it easier for potential businesses and developers to do business in the city. This software improvement will allow for quick results and communication between staff and customers. Customer service improvements will allow developers, engineers, architects, contractors or any other customer involved with a development to log into a website and find the status of their projects at any time of the day. Examples of features they will be able to utilize are: • Electronic plan submittal. • The ability to check on the status of submitted plans. • Apply for permits online. • Request inspections online as well as view inspection results. • Receive emails and other notifications from city reviewers and inspectors. Along with the customer improvements for commercial review, the city's permitting software will be updated to incorporate all aspects of a commercial development into one program for all departments in the city to use with ease. The new web-based software will allow staff to communicate easier with each other and keep everyone up to date on issues with specific commercial developments. Examples of new functions that staff will be able to utilize are: • Electronic plan review and markups. • Email notifications and reminders as to when plans need to be reviewed by. • Easy to use letter templates for documents. • The ability to track all projects and communications for a property across all departments. • The ability to attach any photos, plans and documents relating to a property or project for everyone to view. The new internal software will also provide various reports with analytics that will help departments with benchmark tracking and performance. While the software may be used internally for staff, it will have a direct impact on our customers by giving staff the tools to decrease review times and increase responsiveness to questions or other issues that our customers may have. Staff believes that the new software is a key element in reaching the city's strategic plan goal of supporting business and economic development by making it easier for potential businesses and developers to build in the city. FISCAL IMPACT The fiscal impact of this contract is $63,000. Adequate funds are available in the Economic Development budget, account number 100-0730-7230-00000. RECOMMENDATION City Council approves this contract for Infovision Software and the purchase of the required software. Approved, City Manager Infovision Software License, Services and Support Agreement VI-SIOn Infovision Software, Inc. P.O.Box 234,Carlsbad,CA 92108-0234 Phone:800-849-1655 Fax 815-642-8541 w". SOFTWARE Web:www.infovisionsoftware.corn Attention: Client: City of Oshkosh Community Development Dept. 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 Contract No: We agree to the Infovision License, Services and Support Agreement as outlined below and accept the proposed charges, support options, and product listing in accordance with the Infovision Software License, Services and Support Terms&Conditions. Accepted by Client Name Signature Title Date Order No Accepted by Infovision Software, Inc: Name Signature Title Date (The Effective Date) License,Services and Support Agreement Page 1 of 6 Infovision Software License Services and Support Terms & Conditions 1. SCOPE OF AGREEMENT Infovision Software grants to CLIENT a non-exclusive site license to use the software for its purposes throughout its organization and for its public clients. There is no individual user fee. Use is limited to the Client Organization only and cannot be used to provide services for others. Infovision Software will provide the listed services in a professional manner. Infovision Software will provide CLIENT with the standard software support and maintenance services at stated rates as from the date of installation, and renewal each year thereafter. 2. DURATION OF AGREEMENT This agreement commences on the effective date and will continue until terminated by CLIENT or notice that CLIENT no longer uses and has deleted the software. CLIENT cannot terminate this contract while there is any amount owing to Infovision Software. 3. SOFTWARE SUPPORT AND MAINTENANCE Items included as part of this Software Support and Maintenance agreement include: (a) Regular updates of the licensed software for the applications purchased and sent to the CLIENT (b) Telephone and Email support to assist with queries and problem resolutions (c) Online support where CLIENT has purchased/installed suitable remote access software (d) Access to Infovision Internet Home Page, including access to latest software downloads Infovision Software will answer telephone enquiries made by the CLIENT during the period 8 am to 5 pm CST/CDT Monday to Friday excluding Public Holidays and directly related to the operation of the Infovision Software program. CLIENT will also have the facility to log requests for service via facsimile and email. Additionally, Infovision Software will carry out any necessary technical investigation and correction of any errors reported to it in writing during the term of this agreement. Increases in annual support and maintenance fees are limited to a maximum of five (5%) in any one calendar year. 4. ELIGIBLE PRODUCTS: To be eligible for Support, the Licensed Software must be at current specified revision levels and, in Infovision Software's reasonable opinion, installed on equipment in good operating condition. Infovision Software may, at no additional charge, modify software to improve operation, supportability and reliability, or to meet legal requirements. 5. SERVICES: Infovision will perform all services in a manner and according to the standards observed by a competent practitioner of the profession in which Infovision is engaged. All deliverables will be prepared in a manner that conforms to the standards of quality normally observed by a person in Infovision's profession. It is the responsibility of the CLIENT to select suitable staff to be trained. For any training held at the CLIENT premises, the CLIENT will permit Infovision staff to use its equipment for the training of the CLIENT staff. 6. CHARGES AND PAYMENT All prices quoted are firm, provided always that CLIENT does not pay excise, sales and use taxes of any kind. Excepting invoices that are due upon execution of this Agreement, all fees shall be paid within thirty (30) days of invoice date. CLIENT shall pay all applicable sales taxes. In addition to the fees listed herein, CLIENT shall reimburse Infovision Software for all travel and living expenses incurred by Infovision Software in rendering all services up to the maximum allowable amount. License,Services and Support Agreement Page 2 of 6 • After notice, past due amounts owing from CLIENT shall bear interest at the rate of one (1%) per month. If delinquent payments should occur for a period exceeding six months, CLIENT shall reimburse Infovision Software for all reasonable costs incurred (including reasonable attorneys'fees)in collecting past due amounts owed by CLIENT. Alternatively, Infovision Software may, at its sole option, suspend CLIENT's service if CLIENT is more than 120 days past due in the payment of amounts owed pursuant to this Agreement. All payments shall be in U.S.Dollars. Infovision Software's standard software support is applicable from the date of installation and is invoiced one year from that date. Payment terms of amounts owed on the contract are intentionally back-loaded as Infovision Software wants to give CLIENT the security of knowing the software is implemented, including the conversion of existing data, before final payments are made. The total amount of each module is due for payment once acceptance for "production" processing has occurred. "Production" is defined as; the system is put in use and is being utilized for day to day normal business operations by CLIENT and or CLIENT Customers. In no case is CLIENT to use the software module for a function in "production" operation until final payment has been made. 7. INSTALLATION If the Services listed above include installation of an Infovision Software program or third party program ("Program"), then the Program(s) is deemed to be installed, when the Program has been loaded onto the system hardware and is turned over to CLIENT as ready for testing and implementation. Infovision is responsible for the first installation, and CLIENT each installation thereafter. Infovision will be responsible for all initial file parameters and configuration, user training and data conversion. CLIENT will be responsible for changes in systems administration or operational procedures, changes in operating system set-up and user access, changes in user procedures, changes in internal support and cutover to operational use (with assistance from Infovision Software). 8. LIMITATIONS OF SERVICE Infovision Software does not provide Support for products not supplied by Infovision Software or approved by Infovision Software in writing, or for the Licensed Software, which CLIENT does not allow Infovision Software to modify. Customer is responsible for removing such products to allow Infovision Software to perform Support services. 9. CLIENT'S RESPONSIBILITIES CLIENT is responsible for implementing a backup maintenance plan external to the Licensed Software to reconstruct lost or altered files, data or programs. CLIENT is responsible for implementing a database maintenance plan to ensure that the Relational Data Base Management System (RDBMS) is operating at optimal levels. After the initial implementation CLIENT is responsible for ensuring that each person, working on behalf of CLIENT and who is using the Licensed Program, is adequately trained in all aspects of the Licensed Software utilised by that person. 10. INSTALLATION OF NEW RELEASES New releases (updates) of the Licensed Software supplied by Infovision Software should be installed within 6 months from date of delivery. Infovision will not support releases in excess of one year from published date. If CLIENT requests Infovision Software to install a new software release onsite at CLIENT's premises, CLIENT must bear any special charges in connection with the onsite services. 11. SOFTWARE LICENSE All systems and programs supplied by Infovision Software are for the exclusive use of CLIENT. CLIENT shall not copy, nor make available for copying any program, or documentation relating thereto, for the use by, or information of, any third party. Infovision Software strictly reserves copyright and all other rights. CLIENT shall have the right to duplicate the Software programs for backup or archival purposes and to transfer the Software programs to a backup computer in the event of computer malfunction. CLIENT shall not make the Software programs available to others on any timesharing, cloud computing or other rental arrangements. CLIENT may not transfer any rights under this agreement without the written permission of Infovision Software. License,Services and Support Agreement Page 3 of 6 Software supplied by Infovision Software will be maintained under this Agreement at the ruling rates, provided that: a) The software is not amended by any person without the written approval of Infovision Software; b) The use of DML (Data Manipulation) SQL statements such as DELETE, UPDATE & INSERT and use of DCL (Data Control) SQL statements such as ALTER & DROP are not implemented without the written approval of Infovision Software. 12. WARRANTY Any warranty is in lieu of all other conditions or warranties in respect of the software, express or implied, statutory or otherwise. Infovision warrants that its products will conform to its documentation and meet generally acceptable commercial standards. 13. INDEMNIFICATION Infovision warrants it is the developer and owner of the Evolve software technology. Infovision shall indemnify and hold CLIENT harmless from any third party suit or third party claim (including all attorney fees) arising from alleged copyright infringement in its use of the software. 14. FORCE MAJEURE Neither party will be responsible for any failure to perform hereunder due to unforeseen circumstances or due to causes beyond the non-performing party's reasonable control, including, without limiting the generality of the foregoing, acts of God, war, riot, embargoes, acts of government, catastrophe, fire, flood, accidents, strikes, shortages of transportation, fuel, energy, labor or material acts of a public enemy. 15. LIMITATION OF LIABILITY Infovision Software's total liability for any software or service provided pursuant to or arising out of this Agreement, including but not limited to liability arising out of, resulting from, or in any way related to contract,tort, breach of warranty, intellectual property infringement or otherwise, shall not in any event exceed $1,000,000. Infovision Software will be responsible only for direct damages. "Direct damages" are damages such as the cost to repair or complete the work in accordance with the contract documents, the loss of value of lost or damaged work. Direct damages flow directly and immediately from the act of Infovision Software. Infovision Software will not be liable for consequential damages. "Consequential damages" (also sometimes referred to as"indirect"or"special"damages), are damages that include loss of product and loss of profit or revenue and may be recovered if it is determined such damages were reasonably foreseeable or"within the contemplation of the parties"at the time of contract formation. Infovision Software will not be liable for incidental damages."Incidental damages"are damages for expenses incurred by the injured party as a result of the other party's breach of contract which were not reasonably foreseeable or"within the contemplation of the parties"at the time of contract formation. 16. FACILITIES AND EQUIPMENT CLIENT will provide Infovision the following documents, access, facilities, services and site information: a) Access to files and documents, which are a product of the system to be replaced or generated by the Program(s). b) Information relative to CLIENT's hardware and software on which the Program must run or with which the Program must interact. c) Access to CLIENT's computer facilities, related software, work areas and equipment at times and on days approved by CLIENT. CLIENT agrees to enable Infovision Software secure remote access to CLIENT's system for the purposes of problem diagnosis and file transfer on a per incident basis. All access will be in compliance with security measures in place by CLIENT. d) Personnel, facilities, equipment and time for training, installation and other services to be performed by Infovision Software. 17. ASSIGNMENT Neither party hereto shall be entitled to assign that party's rights and obligations under this Agreement without the express written agreement of the other party, such agreement not to be unreasonably withheld. License,Services and Support Agreement Page 4 of 6 18. SEVERABILITY Any provision of this Agreement, which is prohibited by law or is unenforceable will be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. 19. ENUREMENT This Agreement will enure to the benefit of and be binding upon the parties and their respective successors and assignees. 20. MODIFICATION This Agreement may not be modified except in writing by an authorized signatory of each party. 21. NOTIFICATION All notices under this Agreement shall be in writing and delivered by overnight delivery service or certified mail, return receipt requested,to the address specified above. Either party may change its address by providing notice in accordance with this Section. 22. GOVERNING LAW The laws of the State of Wisconsin, United States of America will govern any disputes arising in connection with these terms and conditions. 23. ENTIRE AGREEMENT These terms and conditions and any attachments constitute the entire understanding between the parties relating to Infovision Software's provision of Support. CLIENT's acceptance of these terms and conditions is deemed to occur upon CLIENT's signature, payment or upon Infovision Software's provision of Support. License,Services and Support Agreement Page 5 of 6 APPENDIX A Infovision Software License, Services and Support Cost Schedule PRODUCT/SERVICE DESCRIPTION COMMENTS PRICE Software: Plan Review $15,000 Permitting and Inspections 15,000 Complaint Tracking and Code Enforcement 10,000 Online Processing and Information Included in Plan Review and Permitting software fee Brava viewer 20 seat license Included software fee Total Software cost* $40,000 Services: Plan Tracking 5 days $6,000 Permitting 7 days 8,400 Complaint Tracking and Code Enforcement 3 days 3,600 Data conversion for right-of-way Included in Services Above Online Processing and Information Included in Services Above Total Services days cost** $18,000 Travel Expense cost are additional and include up to a $5,000 maximum of 5 trips on site; total not to exceed amount for all travel*** Software Support($8,000 per year after first year, First Year Included in subject to maximum 5% annual increase) Software License fee TOTAL COST $63,000 *Total Software cost is invoiced in full and is payable in two equal instalments. 50%of total cost is due upon execution date of the agreement and the balance is due upon software going into production. **Total Services days cost is invoiced as incurred per trip and is payable in full. ***Travel Expense cost is invoiced as incurred per trip and is payable in full. License,Services and Support Agreement Page 6 of 6