HomeMy WebLinkAboutReso 2014-2188RESOLUTION NO. 2014- E0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH EDMUNDS & ASSOCIATES, INC., FOR THE PURCHASE OF
THE MCSJ APPLICATION SOFTWARE, IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED FOUR THOUSAND SIX HUNDRED
EIGHTY DOLLARS (5104,680.00), ATTACHED HERETO AS EXHIBIT
"A "; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's current financial software package, New World Systems, exists
on an outdated AS400 platform and its hardware /server has reached the end of its useful life; and
WHEREAS, due to the specialized nature of governmental accounting, there are limited
vendors whose software is designed for the accounting and reporting needs of municipalities and
other governmental units; and
WHEREAS, after careful review and consideration of six (6) vendors by staff and
recommended to the City Manager the vendor Edmunds & Associates, Inc. based on a series of
features and basic functionality focusing on areas needing additional coverage for analysis
purposes, primarily procurement, human resources, payroll, and various unanswered technology
questions and their ability to meet their needs, the existing features, functionality. technology,
ease of use. integration capabilities, customer support and frequency of upgrades and
enhancements, nature of current customer base, reference checks, and proposed pricing; and
WHEREAS, the City now wishes to enter into an Agreement with Edmunds &
Associates, Inc. for the purchase of the MCSJ Application Software in an amount not to exceed
One Hundred Four Thousand Six Hundred Eighty Dollars ($104,680.00), attached hereto as
Exhibit "A ", piggybacking the City of Eustis, Florida RFP 006 -12 awarded on April 18, 2013,
Annual Maintenance shall apply in an amount not to exceed Fifteen Thousand Seventy -Four
Dollars ($15,074.00), but shall not be due until approximately January 1, 2015. and January 1 of
each year thereafter.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves an Agreement
with Edmonds & Associates, Inc., for the purchase of the MCSJ Application
Software, in an amount not to exceed One Hundred Four Thousand Six Hundred Eighty Dollars
($104,680.00), attached hereto as Exhibit "A ".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
agreement.
82014- Edmunds and Assoc for MCS.I Software Agnu Page I or2
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 20t1i day of February 2014.
ATTEST:
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUUiI UNCY
ty Attorney
Vote: 5 —b
S. Edelcup, Mayor
Moved by: ✓ \ jo
Seconded by: rANYARSA h &)!iR C"i'T"D
Mayor Edelcup ✓ (Yes) (No)
Vice Mayor Aelion (Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Levin Yes) (No)
Commissioner Scholl (Yes) (No)
82014- Edmunds and Assoc for MCSJ Sofmare Agmt Page 2 oft
SONNY S <Ff
O a B
a
o
' FL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
st'1. OG` i
", Oi SUN ,N BEACH AND EDMUNDS & ASSOCIATES, INC.
CONTRACT NO. C1314 -023
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate,
this 7-)P` day of February, 2014, by and between the CITY OF SUNNY ISLES BEACH,
Florida, (hereinafter referred to as "City "), and EDMUNDS & ASSOCIATES, INC., a
corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor ") whose Federal I.D. # is G,) - 4030g I
RECITALS
WHEREAS, the City of Sunny Isles Beach (the "City ") is in need of a contractor to
provide application software and related maintenance support services ( "Services "); and
WHEREAS, the City of Eustis, Florida issued a RFP # 006 -12 awarded on April 18,
2013 to provide software solutions, a copy of which is attached hereto as Exhibit "A" and made a
part hereof; and
WHEREAS, Contractor has agreed to offer the City the same terms and conditions
outlined in City of Eustis RFP # 006 -12, as more particularly described in Exhibit "B ", attached
hereto and made a part hereof; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City for a total amount not to exceed One Hundred Four Thousand Six Hundred
Eighty Dollars ($104,680.00) for the fiscal period ending September 30, 2014, as more
particularly described in Exhibit "B ", attached hereto and incorporated herein by reference.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. . RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Contractor agrees to provide the Services as more particularly described
in attached Exhibit "B ". The Contractor also agrees to provide related annual maintenance
support services during the initial five (5) year term, as well as during any of the four (4)
optional annual renewal terms. The Services shall be performed by Contractor to the full
satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect
the Services provided on a regular basis to ensure all Services are being performed in accordance
with the City's needs and pursuant to the terms of this Agreement, and shall report to the City
accordingly. Contractor agrees to immediately inform the City via telephone and in writing of
C 1314 -023 - EDMUNDS & ASSOCIATES, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
any problems that could cause damage to the City's property, improvements and persons.
Contractor will require its employees to perform their work in a manner befitting the type and
scope of work to be performed.
3. INITIAL TERM AND OPTIONAL RENEWALS. Subject to the provisions relating
to the termination of this Agreement as set forth hereunder, the term of this Agreement shall
begin upon the execution of this Agreement and shall end five (5) years thereafter. The City
shall have the right to exercise four (4) optional one year renewal terms.
4. COMPENSATION. The Contractor agrees to provide the desired Services to the City in
a total amount not to exceed One Hundred Four Thousand Six Hundred Eighty Dollars
($104,680.00) for the fiscal period ending September 30, 2014. The Contractor further agrees to
provide related annual maintenance support services in an amount not to exceed Fifteen
Thousand Seventy Four Dollars ($15,074.00) annually during the initial five (5) year term, as
more particularly described in Exhibit "B ". The annual maintenance support service fees shall
not be due and payable until January 1, 2015, and January I" of each year thereafter. The
Contractor agrees that the annual maintenance support fees shall not increase by more than 3.5%
percent annual during the four (4) optional annual renewal terms. Payment to Contractor for all
charges and tasks under this Agreement shall be in accordance with this Agreement and under
the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
C 1314 -023 - EDMUNDS & ASSOCIATES, INC. 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor. Contractor shall not
pledge the City's credit or make it a guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Contractor pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Contractor or other parties
shall be approved in writing by the City. If requested, Contractor shall deliver the documents to
the City within fifteen (15) calendar days.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverages to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, or employees, as indicated below:
❑ Comprehensive General Liability Insurance, including broad form
contractual liability coverage for all operations, including, but not limited
to, contractual, products, and completed operations, personal injury and
property damage liability with minimum limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000.000.00)
aggregate.
❑ Worker's Compensation, as required by the State of Florida Employer's
Liability.
❑ Business Automobile Liability which shall include coverage for all owned,
non -owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000.000)
C 1314 -023 - EDMUNDS & ASSOCIATES, INC. 3
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
per accident for bodily injury and Five Hundred Thousand Dollars
($500,000) per accident for property damage.
❑ Umbrella Liability to protect Contractor and the City against all claims in
excess of the underlying general liability, automobile and worker's
compensation coverage. The umbrella insurance limits shall not be less
than Two Million Dollars ($2,000,000.00) aggregate.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self- insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy(ies) shall be issued by
companies authorized to do business under the laws of the State of Florida and acceptable to the
City with a minimum A.M. Best rating of A- Excellent. Before any work under this
Agreement is performed, and at any time upon request, Contractor shall furnish to the
City certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as additional insured.
All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall
be in forms and issued by insurance companies acceptable to the City Manager or his designee.
All insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves the
right from time to time to change the insurance coverage and limits of liability required to be
maintained by Contractor hereunder. Contractor shall also require and ensure that each of its
sub - contractors providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor twenty (20) days to cure
such default. If the default remains uncured after twenty (20) days the City may
terminate this Agreement, and the City shall receive a refund from the Contractor
in an amount equal to the actual cost of a third party to cure such failure. If
Contractor fails, refuses or is unable to perform any term of this Agreement, City
shall pay for services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor (and sub Contractor (s)) shall be
delivered to the City and the City shall compensate the Contractor for all
C 1314 -023 - EDMUNDS & ASSOCIATES, INC. 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
Services satisfactorily performed prior to the date of termination, as provided
in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor
for the purposes of set -off until such time as the exact amount of damages due
the City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Contractor twenty (20) days written notice. The terms of Paragraph A(i)
and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
9. ARBITRATION AND MEDIATION. The merits of any dispute arising under, out
of, in connection with, or in relation to this agreement, or the making or validity thereof, or its
interpretation, or any breach thereof, shall be determined and settled by Arbitration before an
Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules of the
American Arbitration Association. If the parties hereto are unable to agree upon the
selection of an arbitrator, such arbitration shall be held before the American Arbitration
Association. Any award rendered shall be final and conclusive upon the parties and a judgment
may be entered in the highest court of the State of Florida having jurisdiction.
Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute
amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either
party may give notice for a Mediation session before a Mediator appointed by mutual
agreement (hereinafter the "Mediator "). Each party shall bear its own attorney's fees and
costs associated with any such mediation and shall share, equally, the fee of the agreed
upon or appointed mediator (as the case may be). If the parties are unable to agree upon the
selection of a mediator, such mediation shall be held before the American Arbitration
Association. The Mediator shall make a recommendation to the parties in the form of a
written mediated settlement agreement. Each party to the dispute shall sign such
agreement after receipt of the same or immediately file a demand for Arbitration, in which
event the parties shall proceed to Arbitration in accordance with the previous paragraph. All
costs of the Arbitration, including the legal action to confirm and enforce the arbitrator's
award, as the case may be, including the reasonable legal fees of both parties shall be paid by
the non - prevailing party, or, if neither party prevails on the whole, each party shall be
responsible for a portion of the costs of Arbitration as may be determined by the court on
confirmation.
C 1314 -023 - EDMUNDS & ASSOCIATES, INC. 5
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
10. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of 10 (Ten) years subsequent to that date upon which
the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Contractor from violating such
provisions.
11. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida
33160
Tel: (305) 792 -1702
If to the Contractor :
Richard Evoy
Vice President
Edmunds & Associates, Inc.
301A Tilton Road
Northfield, NJ 08225
Tel: (609) 645 -7333
12. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County,
Florida.
13. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three (3) years.
14. NON - DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
C 1314 -023 - EDMUNDS & ASSOCIATES, INC. 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708),
which prohibits discrimination against the handicapped in any Federally assisted program.
15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement conditions
hereunder. The Contractor covenants that it presently has no interest and shall not acquire any
interest, directly or indirectly which could conflict in any manner or degree with the performance
of the Services. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he /she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional Services performed under this Agreement.
The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the
performance of this Agreement including any person for whose acts, errors, mistakes or
omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00)
represents specific consideration to the Contractor for the indemnification set forth in this
Agreement.
C 1314 -023 - EDMUNDS & ASSOCIATES, INC. 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
17. AVAILABILITY OF FUNDS. This Agreement is executor only to the extent of City
funds approved and appropriated for this specific purpose by the City Commission. This
Agreement shall be subject annually to the availability and appropriation of funds. If the City
should not appropriate or otherwise make available funds sufficient to purchase, lease, operate or
maintain the computer software system procured pursuant to this Agreement, during the initial
term or any optional renewal term, the City may unilaterally terminate any and all contractual or
other obligations herein without any further liability or penalty upon twenty (20) days notice to
Contractor. Any obligation for payment under this Agreement shall be made solely from
appropriated funds. The City shall have no legal or equitable obligation to approve any funds in
the future and in the event of the City's decision not to approve and appropriate any additional
funds the City shall have no further liability to Contractor.
18. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. The terms and conditions in this Agreement supersede any other conflicting
provisions that are contained in any other document, including any attachment hereto.
E. This Agreement, together with the terms and conditions contained in City of
Eustis, Florida, RFP 006 -12, as well as Exhibits "A" and "B ", copies of which are attached
hereto, contain the entire agreement of the parties, and may be amended, waived, changed,
modified, extended or rescinded only by in writing signed by the party against whom any such
amendment, waiver, change, modification, extension and/or rescission is sought.
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any
document incorporated into this Agreement, the term, statement, requirement, or provision
contained in this Agreement shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other
document or attachment, including but not limited to City of Eustis, Florida, RFP 006 -12, and
Exhibits "A" and "B ", copies of which are attached hereto.
C 1314 -023 - EDMUNDS & ASSOCIATES, INC. 8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WITNESS:
Pri ame
Print Flame
ATTEST:
B "...4,%. a � a��
Jane A. Hines, MMC, City Clerk
EDMUNDS ASSO AT S, INC.
BY
Richard voy, Vice Pr ident
CITY OF SUNNY ISLES BEACH
BY:
Christopher KRUSSO
APPROVED
M.
1!0ffil
Attorney
C 1314 -023 — EDMUNDS & ASSOCIATES, INC. 9
RESOLUTION NO. 13 -28
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF EUSTIS, LAKE COUNTY, FLORIDA, AWARDING BID NO.
006 -12 TO EDMUNDS & ASSOCIATES, OF NORTHFIELD, NJ,
IN THE AMOUNT OF $254,000 FOR THE PURCHASE OF
ENTERPRISE RESOURCE PLANNING SOFTWARE,
CONVERSION, TRAINING, IMPLEMENTATION AND
WARRANTY FOR A PERIOD OF 5 YEARS FOLLOWED BY A
SUCCEEDING 5 YEARS OF MAINTENANCE TOTALING
ANOTHER $160,354, DESIGNED TO REPLACE NUMEROUS
FINANCIAL AND OPERATING SOFTWARE PROGRAMS INTO
ONE CONSOLIDATED SOFTWARE SYSTEM. AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL AGREEMENTS AND
CONTRACTS ASSOCIATED WITH THE AWARD.
WHEREAS, the City of Eustis, Florida has planned for the replacement of its current
financial accounting and operational software that will enhance the city's ability to retrieve report
and gather information in a more concise manner; and
WHEREAS, the City of Eustis, Florida has budgeted a total of $450,000 to replace its
current financial and other numerous unrelated operational software with one consolidated
software system; and
WHEREAS, the City of Eustis, Florida has spent many hours of staff time and that of a
professional experienced consultant to assist on determining the current and future software
needs of the City that will allow one Enterprise Resource Planning Software (ERP) to replace no
less than six of the current software packages that are currently used by the various
departments and divisions of the City of Eustis; and
WHEREAS, the City of Eustis, Florida, advertised Request for Proposals under Bid
#006 -12 for the purchase of ERP software in accordance with City purchasing policies; and
WHEREAS, the City received and opened five (5) individual responses to said RFP on
Tuesday, September 10, 2012, that would meet the total needs defined under the scope of this
project; and
WHEREAS, Edmunds & Associates, is the lowest responsive and most responsible
bidder that best meets the current and future needs for providing the ERP software, conversion,
staff training, installation and conversion that will be utilized city- wide;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Eustis,
Lake County, Florida, that:
(1) The City Commission of the City of Eustis, Florida does hereby award of Bid No. 006 -12
to Edmunds & Associates, of Northfield, NJ, in the amount of $254,000 to include the
ERP software, conversion, staff training, installation and conversion of the new software
which includes the initial five- year warranty and maintenance and will be followed by
another 5 year maintenance period of five years in the amount of $160,354 and each
remaining year limiting the increase in maintenance to no more than 3.5% per year
thereafter; and
E\Vl[7f1f1mIT "A" "
(2) The City Commission of the City of Eustis, Florida does hereby approve the project
budget as included in Exhibit A, that will provide for purchase of the ERP software,
professional services, equipment purchase and contingency, with a total project cost
not -to- exceed $400,129 of the authorized budget of $450,000; and
(3) The City Commission of the City of Eustis, Florida does hereby authorize the City
Manager to execute all agreements and contract associated with this award; and
(4) Providing for this resolution to become effective immediately upon passing.
DONE AND RESOLVED, this 18th day of April, 2013, in regular session of the City
Commission of the City of Eustis, Lake County, Florida.
CITY COMMISSION OF THE
CITY OF EUSTIS, FLORIDA
ATTEST
Kress Muenzmay
Mayor /Commissioner
Mary C. Montez
City Clerk
CITY OF EUSTIS CERTIFICATION
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this _ day of 2013, by
Kress Muenzmay, Mayor, and Mary C. Montez, City Clerk, who are personally known to me.
Notary Public- State of Florida
CITY ATTORNEY'S OFFICE
This document is approved as to form and legal content for use and reliance of the City Commission of
the City of Eustis, Florida.
Date
Derek A. Schroth
City Attorney
CERTIFICATE OF POSTING
The foregoing Resolution 13 -28 is hereby approved, and I certify that I published the same by posting
one (1) copy hereof at City Hall, one (1) copy hereof at the Eustis Memorial Library, and one (1) copy
hereof at the Eustis Senior Service Center, all within the corporate limits of the City of Eustis, Lake
County, Florida.
Date
Mary C. Montez
City Clerk
EXHIBIT A
Amount Budgeted for the ERP Software:
ERP Project Budget
Consultant Services
Software (Incl. first five year maintenance)
Contingency (10 %)
New Plotter Scanner Building
Server for Software
Scanners (15) to scan & Attach Documents
New Laser Printers
Cont;nuation of Consultant Contract to Facilitate
Implementation Estimated at a Maximum Cost
Balance of Budgeted Amount
Remaining After Project Completion
$ 450,000
49,929
254,000
25,000
10,000
15,000
4,000
10,000
32,200
49,871
Note: Above includes Consultant Services of $49,929 previously approved.
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SOFTWARE MASTER AGREEMENT
Between
City of Eustis, FL
Edmunds & Associates, Inc.
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This Agreement (the "Master Agreement ") is made as of April 2013 between the CITY of Eustis,
Florida, a municipal corporation duly organized under the laws of the State of Florida, having its offices
at 10 North Grove Street, Eustis, Florida 32726 (hereinafter referred to as "CITY ") and Edmunds &
Associates, Inc., a corporation duly organized under the Laws of the State of New Jersey and authorized
to do business in the State of Florida. Edmunds & Associates, Inc. has its principal offices at 301A Tilton
Road, Northfield, NJ 08225 (hereinafter referred to as "VENDOR "),
WHEREAS, the City of Eustis has established the need for a computer system, which includes the
application software, products and services consistent with and it compliance with a certain Request
for Proposal released July 27, 2012,
WHEREAS, in response to said RFP, VENDOR submitted a proposal dated September 12, 2012 and
contract payment/ additional items added subsequent to RFP, dated March 29, 2013; and which
incorporates the RFP ( "VENDOR's Proposal "); and
WHEREAS, CITY is desirous of entering into a contract with VENDOR to provide the aforesaid
products and services described in VENDOR's Proposal; and
WHEREAS, VENDOR stands ready, willing and able to provide said products and services as
stipulated in VENDOR's Proposal, and in accordance with the terms, conditions and provisions of the
Contract.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
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SCOPE AND TERM OF AGREEMENT
CITY hereby retains VENDOR to furnish to CITY the products, services and materials consistent
with and in compliance with CITY's Acceptance (as herein defined) described in the VENDOR's
Proposal, as are set forth more particularly in the following Exhibits which are attached hereto and
made a part hereof, all of which products, services and materials as finally agreed upon are collectively
referred to as the "Project ":
• EXHBIT A: Initial Cost Summary Sheet and Annual Maintenance Costs
• EXHIBIT B: Statement of Work
• EXHIBIT C:
Project Plan & Gantt Chart
• EXHIBIT D:
Vendor's Software License Agreement
• EXHIBIT E:
Vendor's Software Support and Maintenance Agreement
• EXHIBIT F:
Acceptance Criteria
• EXHIBIT G:
Change Order Request Form
• EXHIBIT H:
Vendor's Proposal
This Master Agreement, including Exhibits A through H attached and incorporated herein, including any
modifications issued hereafter, constitute the entire contract document betty,een the CITY and VENDOR (the
"Contract ").
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CONTRACT
The Contract covers the procurement, licensing, implementation, and maintenance understandings
between the parties.
VENDOR will complete a Fit/Gap Analysis and a Statement of Work [SOW], as defined herein. The
VENDOR will conduct an Implementation planning meeting within four (4) weeks of the date of this
agreement as part of the formal Fit /Gap analysis, and will deliver a revised SOW, Project Plan and Gantt
Chart to the CITY within 5 business days after this meeting.
Exhibit A attached hereto is VENDOR'S pricing based upon infonnation available to Within thirty (30)
days after delivery of the SOW by VENDOR to CITY, VENDOR and CITY will agree upon and execute
Final Exhibits to the Contract, setting forth the final scope of work., timetable, deliverables and functions
specifications, Named Individuals, and including such other amendments to the exhibits hereto and to
this Master Agreement as may be mutually agreed by the parties.
VENDOR agrees to complete the Project in accordance with the Contract, including the Final Exhibits,
and to provide maintenance for the Project for the pricing set forth in Exhibit A and in accordance with
VENDOR's Software Support and Maintenance Agreement attached as Exhibit D.
The license granted under the Contract shall be in perpetuity, the maintenance provided under the
Software Support and Maintenance Agreement shall be for ten (10 ) years as specified herein unless
terminated sooner pursuant to the provisions hereof.
Edmunds will honor the pricing in the final proposal for ten (10) years from the date of this agreement.
After the initial 10 year period the price of support & maintenance shall not increase by more 3.5%
annually. Although Edmunds shall adhere to the price constraints for ten (10) years, the City is not
obligated to commit to a ten -year agreement.
Year 6 Support & Maintenance not to exceed $ 29,903
Year 7 Support & Maintenance not to exceed $ 30,950
Year 8 Support & Maintenance not to exceed $ 32,033
Year 9 Support & Maintenance not to exceed $ 33,154
Year 10 Support & Maintenance not to exceed $ 34.314
Amendments or addenda to the Contract may be executed in writing and signed by duly authorized
representatives of both parties to change or modify the Contract.
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(DEFINITIONS
For purposes of the Contract, these terms have the meanings indicated:
Acceptance means the test applied and approved by CITY prior to payment for any item. Acceptance
means that all functions as proposed in the Final Exhibits hereto shall perform accordingly.
Acceptance Certificate means a certificate in the form attached as Exhibit H evidencing the CITY's
acceptance of each software application.
Application Software is each separate software application specified in the Final Exhibits hereto.
Authorization to Proceed is a formal document that is signed by CITY prior to VENDOR ordering any
products or services.
Documentation means the formal printed -paper manuals or PDF versions that include descriptive
materials and screen displays of all applicable screens and screen choices in the proposed and modified
application software.
Final Exhibits means the final exhibits to be completed and attached hereto and made a part of the
Contract upon completion of the SOW and agreement by both parties as to the final terms specified in
those exhibits, including, scope of work, deliverables functional specifications, timetable and pricing.
Installation Activities means any and all software configuration activities, software loading, software
testing, etc., whether performed at CITY of Eustis, Florida or at VENDOR's site.
Migrate Software means that all screens, reports, functions and calculations that were included in the
Final Exhibits hereto shall be fully functional on the server and operating system installed by VENDOR.
Perpetual License means an irrevocable, unconditional license granted to CITY in perpetuity at no
additional fee, by VENDOR and permitted subcontractors of the software applications, the terms of
which are binding upon the owner, its heirs, assigns and successors -in- interest.
Product means software, documentation, including manuals, and any other information confidential to
VENDOR or its licensors.
Proprietary Information means information developed by VENDOR that is alleged and noted as
proprietary information.
RFP is the Request For Proposal issued by CITY.
Software means the source code and compiled object code version of computer programs and any
related documentation, excluding maintenance diagnostics.
Third Party Software means any software not developed by VENDOR.
Training means dedicated professional education about all software listed in this agreement. Training
may consist of structured classroom training, remote webinars, individual operator training and
assistance in "live data' situations. Training does NOT include fit analysis and installation activities. A
log shall be signed daily by the VENDOR and CITY confirming hours expended by VENDOR.
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GENERAL PROVISIONS
NONDISCLOSURE
VENDOR recognizes that all computer program code, in the possession of the CITY, including the
Software, could be subject to disclosure pursuant to Florida "Open Records Law ". If any party makes a
request pursuant to Florida "Open Records Law " for public disclosure of VENDOR's Confidential
Information being transferred to the CITY hereunder, the CITY shall advise VENDOR of such request
promptly.
INDEMNITIES
To the fullest extent permitted by law, VENDOR agrees to and shall indemnify, defend and hold
harmless CITY, its elected officials, officers and employees from and against any and all claims, losses,
damages, causes of action, suits, liens and liability of every kind, (including all expenses of litigation,
expert witness fees, court costs and attorney's fees) by or to any person or entity arising out of, caused
by, or resulting from the acts or omissions of VENDOR, subcontractors, their respective agents or
anyone directly or indirectly employed by any of them in performing work under the Contract. Such
obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person described in this paragraph.
INSURANCE
VENDOR shall secure and maintain throughout the duration of the Contract insurance of such types and
in such amounts as may be necessary to protect itself and the interests of the CITY against all hazards or
risks of loss as hereinafter specified. The form and limits of such insurance, together with the
underwriter thereof in each case, is subject to the CITY's review and approval; ; but regardless of any
CITY review, it shall be the responsibility of VENDOR to maintain adequate insurance coverage at all
times. Failure of VENDOR to maintain adequate coverage shall not relieve it of any contractual
responsibility or obligation. Insurance companies providing the required insurance policies must be
Florida admitted carriers, have a policyholder's rating of "A" or better, and a Financial Rating of at least
"10" or better according to the current Best Insurance Rating Guide. VENDOR shall also provide CITY
prior to the commencement of any work satisfactory evidence of Workers Compensation Insurance,
including Employers Liability and Disability Insurance meeting at least the minimum Florida statutory
requirements. Satisfactory certificates of insurance shall be filed with the CITY prior to starting any work
on the Contract. Certificates shall state that thirty (30) days written notice will be given to the CITY
before any policy covered thereby is changed or canceled.
Worker's Compensation and Employer's Liability: This insurance shall protect
VENDOR against all claims under applicable state worker's compensation laws.
VENDOR shall also be protected against claims for injury, disease, or death of
employees, which for any reason may not fall within the provisions of a worker's
compensation law. The liability limits shall not be less than the following:
Worker' compensation---- - - - - -- Statutory Employer's liability
by accident each accident $100,000
by disease each employee $100,000
by disease policy limit $500,000
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Comprehensive Automobile Liability: This insurance shall be written in
comprehensive form and shall protect VENDOR and the CITY against all claims for
injuries to members of the public and damage to property of others arising from
VENDOR's use of motor vehicles and shall cover operation on or off the site of all
motor vehicles licensed for highway use whether they are owned, non - owned, or hired.
The liability limits shall not be less than:
Bodily injury /Property damage per occurrence - $1,000,000
General Liability: This insurance shall be written on a commercial general liability
form which shall protect VENDOR and the CITY for those sums VENDOR or the
CITY, its officers and employee as additional insured or VENDOR and the CITY
become legally obligated to pay as damages because of bodily injury, death, personal
injury or property damage. The limits applicable to the commercial general liability
policy shall not be less than the following:
Bodily Injury /Property
Damage Each Occurrence
Aggregate
$1,000,000
$2,000,000
Umbrella: This insurance shall be written to protect VENDOR and the CITY against
all claims in excess of the underlying general liability, automobile and workers'
compensation coverage. The umbrella limits shall not be less than the following:
Limit of Liability Aggregate $2,000,000
VENDOR and all subcontractors shall furnish the CITY, prior to any award of an agreement,
certificates of insurance evidencing the required coverage. Separate insurance certificates need
not be furnished if VENDOR and all subcontractors have previously filed with the CITY
certificates that are currently in effect. VENDOR or its subcontractors shall perform no work
under the Contract after expiration or cancellation of their insurance.
Throughout the term of the Agreement, VENDOR shall provide the CITY with certificates of
insurance evidencing the above stated coverage. The general liability and umbrella insurances
must be issued on an occurrence basis and must name the CITY, its officers and employees as
additional insured on a primary basis.
The foregoing insurance policies shall contain a provision that coverage afforded
under such policies shall not expire, materially change or be canceled until at least thirty
(3 0) days written notice has been given to the Owner and ten (10) days notice for
workers' compensation coverage.
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COPYRIGHT
VENDOR agrees it will defend at its own expense, any action brought against the CITY to the extent that
it is based on a claim that the software supplied by VENDOR infringes a United States patent or
copyright and VENDOR will pay any costs which are attributable ro any such claims, indemnify and
save harmless the CITY and its officials and employees against any loss, claim, liability or expense
arising out of or in any way connected with any claim of patent, copyright, or proprietary infringement
involving the Software, including consequential damages and attorneys' fees, but only if VENDOR is
promptly notified of any such suit or claim and the CITY cooperates in defending or settling the claim or
suit. Such defense and payment are conditioned upon the following;
VENDOR shall be notified promptly in writing by the CITY of any notice of such claim; and
VENDOR shall have sole control of the defense of any action on such claim and in all negotiation for its
settlement or compromise; and
Should any software sold hereunder become or in VENDOR's opinion be likely to become the subject of
a claim of infringement of a United States patent, that the CITY shall permit VENDOR, at its option and
expense, either to procure for the CITY the right to continue using such software, to replace or modify
the same so that such software becomes non - infringing, or to discontinue using the software and accept
their return. If the software be purchased, VENDOR shall grant the CITY a cash refund for such
software as depreciated. The depreciation shall be an equal amount per year over a five -year life.
VENDOR shall have no liability to the CITY under any provision of this clause with respect to any claim
of patent infringement that is based upon the combination of the hardware furnished hereunder with
software or devices not provided by VENDOR. This indemnification shall survive the expiration and
termination of this contract provided the CITY maintains an annual Support Agreement with VENDOR.
TERMINATION
This Contract may be terminated by the CITY upon twenty (20) days written notice, if VENDOR has
materially failed to comply with any of the terms of the Contract. In the event that the Contract is
terminated prior to the completion of the Project outlined herein, the CITY shall pay VENDOR to the
extent of work performed to the date of written notice of termination, upon receipt and approval of an
invoice for payment, together with a statement itemizing actual hours to the tenth of an hour and
supporting records of expenses; provided however, under no circumstances shall the CITY be liable to
VENDOR to pay for work performed by VENDOR to correct errors made by VENDOR. The CITY
reserves the right unilaterally to terminate the Contract without any further liability to VENDOR, if for
any reason including if funds are not available and not appropriated for services, supplies or software,
upon prior written notice, by regular or certified mail, return receipt requested, to VENDOR. All
products and services that have been delivered or provided to the CITY by VENDOR prior to the
effective date of said notice shall be paid for by CITY. The CITY agrees to compensate VENDOR to the
extent of work performed to the date of written notice of termination together with a statement as
specified above. Notwithstanding any other provisions of the Contract, the CITY shall have the
absolute right to terminate this contract without cause and for any reason upon giving twenty (20) days
written notice to VENDOR in which event any fees payable to VENDOR by the CITY shall be paid only
to the date of termination. VENDOR shall not be entitled to any anticipatory profits in the event of
termination by CITY pursuant to this section.
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NON - DISCRIMINATION LAWS
VENDOR further agrees that VENDOR shall abide by the Florida Age Discrimination in Employment
Act and the applicable provision of the Americans With Disabilities Act (42 U.S.C. 1201 et seq.) as well
as all other federal, state and local laws, ordinances and regulations applicable to the Project and furnish
any certification required by any federal, state or local governmental agency in connection therewith.
ADHERENCE TO LAWS
The vendor shall comply with all applicable laws, rules and regulations, including, but not limited to
HIPPA, and all Federal and State tax laws. Because the bidder will be acting as an independent
contractor, the City assumes no responsibility for the Vendor's actions. The vendor also agrees to comply
with all State and Federal laws with regard to the Equal Employment Opportunity Act.
VENDOR shall include the provisions of this section in every subcontract or purchase order so that such
provisions will be binding upon such subcontractor or VENDOR.
WORK PRODUCT; OWNERSHIP OF DATA
All documents and other work product prepared by VENDOR under the Contract shall be the property of
the CITY with the exception of VENDOR'S proprietary materials. VENDOR shall be authorized to use
all reports, data, or other material prepared by it for the CITY under the Contract, but shall not disclose,
nor permit disclosure of, any information designated by the CITY as confidential, except to its employees
and other consultants who need such information in order to properly provide the services under the
Contract. VENDOR shall not sell or barter or other wise give or distribute any documents or work
product under the Contract without the expressed written consent of the CITY. Data collected on tape or
hard copy form supplied by the CITY to be utilized by VENDOR in the computer system data base
contemplated herein will remain the property of the CITY, and no use will be made thereof beyond that
listed in the Agreement without written permission of the CITY.
INDEPENDENT CONTRACTOR/VENDOR
The relationship of VENDOR to the CITY shall be that of an independent contractor, and no
principal/agent or employer /employee relationship will be created by the Contract. VENDOR is an
independent contractor and shall have no authority, express or implied, to act for or bind the CITY by
virtue of anything contained in this contract. Nothing contained within the Contract shall be deemed or
construed by the CITY or VENDOR or by any third party to create the relationship of a partnership or a
joint venture. VENDOR agrees that it, its agents, servants, employees and subcontractors, are and at all
times shall be deemed to be independent contractors, and shall not, in any manner whatsoever, by their
actions or deeds commit CITY to any obligation irrespective of the nature thereof, and shall not at any
time or for any purpose be deemed employees of CITY.
GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern this Agreement. All disputes arising between the parties
resulting in the filing of litigation shall be brought only in the Superior Court of Lake County, Florida.
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SEVERABILITY
In the event that any term or clause of the Contract is held to be invalid as contravening any law or
governmental regulation, then such term or clause shall remain in effect only to the extent permitted by
such law or regulation, but the remaining provisions of the Agreement shall continue in full force and
effect.
AVAILABILITY OF FUNDS
This Agreement is executory only to the extent of CITY funds approved and appropriated. This
Agreement shall be subject annually to the availability and appropriation of funds. If the CITY should
not appropriate or otherwise make available funds sufficient to purchase, lease, operate or maintain the
computer system procured pursuant to the Project, or any portion of the Project during its
implementation, the CITY may unilaterally terminate any and all contractual or other obligations
without any further liability or penalty upon twenty (20) day's notice to VENDOR. Any obligation for
payment under the Agreement shall be made solely from appropriated funds. The CITY shall have no
legal or equitable obligation to approve any funds in the future and in the event of the CITY's decision
not to approve and appropriate any additional funds the CITY shall have no further liability to
VENDOR. VENDOR recognizes that the Agreement is approved by the current Governing Body, and
not the obligation of any other CITY official, employee, or any other political subdivision or entity.
ASSIGNMENT; DELEGATION OF DUTIES; SUCCESSORS
Neither party shall delegate or assign its duties under the Contract without the written consent of the
other party, and each party hereby binds itself to the successors and assigns of the other party in respect
of all covenants of the Contract. This Agreement will inure to the benefit of and shall be binding upon
the parties hereto and their authorized successors and assigns.
EXTENT OF AGREEMENT
This Master Agreement, the Exhibits hereto and all addenda and amendments hereto, represents the
entire and integrated Contract between the CITY and VENDOR and supersedes all prior negotiations
and representations, either written or oral. Where any conflict arises between the Master Agreement
and the Exhibits, the following order of precedence shall prevail: (1) the Statement of Work, (2) the
Master Agreement and Exhibits, (3) the Software License Agreement, (4) the Software Maintenance
Agreement, (5) Contract Change Form and (6) Software Application Acceptance Agreement (7) the
VENDOR's Proposal. The Contract may only be amended by written instrument signed by both
parties.
SUBMISSION OF INVOICES
All payments made pursuant to the Contract shall be on the basis of duly verified invoices properly
documented and submitted by VENDOR to CITY in the form agreed to by CITY and VENDOR, payable
on an arrears basis by CITY within forty-five (45) days of their receipt in completed form to CITY by
VENDOR.
BOOKS AND RECORDS
VENDOR shall maintain full and complete books and records of its accounts for CITY in accordance
with generally accepted accounting practices and such other records as may be reasonably prescribed,
in writing, by the authorized agent of CITY. Such books and records shall be retained for a period of
five (5) years, and shall at all reasonable times be available for audit and inspection during normal
business hours by the CITY or designated representative.
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NEWS RELEASES
VENDOR and CITY may issue news releases pertaining to the Project, but only if approved by the CITY
and VENDOR. CITY may withhold such approval in its sole and absolute discretion.
TESTIMONIALS; ON -SITE VISITS
CITY is under no obligation to furnish testimonials to VENDOR for reuse and dissemination by
VENDOR to third parties in the promotion of sales of its products and services; and VENDOR shall not
attribute any statement or communication made by CITY as a testimonial without the prior written
consent of the authorized agent of CITY. VENDOR shall not arrange or conduct any on -site visits to
CITY by prospective clients, employees or agents without the prior consent of CITY. The CITY's
authorized agent or his designee (CITY Project Manager) shall be the exclusive contact person for all
visits and communications (email or telephone).
STEERING COMMITTEE MEETINGS
VENDOR will meet with the CITY representatives at mutually agreed dates and times, in person or via
conference call, to conduct steering committee meeting. At each meeting, VENDOR will prepare a
report of all activities that have taken place during the past period and project all activities planned for
the successive period. At the end of each meeting, VENDOR will prepare minutes that will include:
- Names of attendees
- Items covered under old business
- Items covered under new business
- Updated project timeline to include, as revised, start, end, milestone dates
- List of required commitments by VENDOR
- List of required commitments by the CITY
DEFAULT BY VENDOR
Any one of the following events shall constitute an event of Default:
The abandonment of the Contract or any portion thereof,
The abandonment by VENDOR of its management and on -going maintenance as defined
herein of the Project in accordance with this Contract for any period of time;
The failure of VENDOR to keep, observe or perform any of the other covenants or
agreements herein required to be kept, observed or performed by VENDOR, and
continued failure to observe or perform any such covenant or agreement after a period of
thirty (30) days after receipt by VENDOR of the CITY's written demand; provided,
however, that if due to the nature of the default, the same cannot be remedied within said
thirty-day period, then the CITY shall have the right to terminate this Contract if
VENDOR shall have failed to commence the remedying of the same within the said
thirty-day period or, having so commenced, shall fail thereafter to continue with
diligence the remedying thereof,
The repeated failure ( defined for this purpose at least three (3) such failures within any
consecutive twelve -month period) to keep, observe or perform any of the other
covenants or agreements herein contained to be kept, observed or performed by
VENDOR (provided that notice of such failure shall have been given to VENDOR,
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regardless whether VENDOR shall have remedied any such failure within the time
provided for in such notice);
The discovery by the CITY that any material statement of fact furnished to the CITY by
VENDOR in connection with its proposal for the privilege awarded hereunder is false or
materially misleading;
Commencement of any insolvency or bankruptcy proceeding (including, without
:imitation, a proceeding for liquidation, reorganization or adjustment of indebtedness)
against VENDOR or any guarantor or surety of this Contract, if an order for relief is
entered against such party and the same is not stayed or vacated within thirty (30) days
after entry thereof, or if such party fails to secure a discharge of the proceedings within
sixty (60) days after the filing thereof, and City reasonably determines that as a result of
such event VENDOR is unable to provide the level of support for the Project committed
by VENDOR hereunder;
The making by VENDOR or by any guarantor or surety of this Contract of an
assignment for the benefit of its creditors or the filing of a petition for or the entering
into of an arrangement with its creditors;
The appointment or sufferance of a receiver, trustee or custodian to take possession of all
or substantially all of the property of VENDOR or of any guarantor or surety of this
Contract, whether or not judicial proceedings are instituted in connection with such
appointment or sufferance;
The placement of any lien or levy upon property used by VENDOR in its operations of
the Project which is not discharged of record within sixty (60) days, or any levy under
any such lien.
Remedies Upon VENDOR's Default: Upon the occurrence of any Event of Default, as defined above,
the CITY, besides any other rights or remedies it may have, shall have the right to terminate this Contract
forthwith, and recover immediately from VENDOR all damages proximately caused by VENDOR's
default, including without limitation court costs, reasonable expert's fees and reasonable attorneys' fees.
No action by the CITY pursuant to this Section, however, shall be deemed to terminate this Contract
unless the CITY gives written notice of termination to VENDOR. Regardless of whether the CITY has
elected to exercise its rights to terminate this Contract, if any Event of Default shall occur, VENDOR
shall pay upon demand all of the CITY's costs, charges and expenses, including fees of counsel, agents
and other retained by the CITY incurred in connection with the recovery of sums due under this Contact,
or because of the breach of any covenant or agreement of CITY contained in this Contract or for any
other relief against VENDOR.
Other Provisions Regarding Default: The CITY's failure to require compliance with any term or
provision of this Contract shall not constitute a waiver of the CITi "s rights to require such compliance.
No waiver or failure to enforce any covenant or condition or of the breach of any covenant or condition
of this Contract shall be taken to constitute a waiver of any subsequent breach of such covenant or
condition or to justify or authorize the nonobservance on any other occasion of the same or of any other
covenant or condition hereof, nor shall the acceptance by CITY of any sums from VENDOR at any time
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when VENDOR is in default under any covenant or condition hereof, be construed as a waiver of such
default or of CITY's rights to terminate this Contract on account of such default, nor shall any waiver or
indulgence granted by CITY to VENDOR be taken as an estoppel against CITY, it being expressly
understood that CITY may at any time thereafter, if such default continues, terminate this Contract on
account of such default in the manner herein before provided.
All remedies provided in this contract shall be deemed cumulative and additional, and not in lieu of or
exclusive of each other or of any other remedy available at law or in equity arising hereunder.
TAX EXEMPT STATUS
The CITY qualifies as a political subdivision of a State of the United States for purposes of Section 103
(a) of the Internal Revenue Code of 1986, and is exempt from state and local income taxation, from
federal excise taxes, and from Florida sales tax. As a municipality, CITY is exempt from the payment of
sales tax pursuant to the laws of the State of Florida. VENDOR shall take all necessary steps authorized
by law to eliminate the payment of any and all taxes that may otherwise be due and payable to the State
of Florida in connection with the Contract, and the products and services to be furnished thereunder.
PAYMENT OF TAXES
VENDOR shall pay any taxes assessed arising out of its operation hereunder; provided, however, that
VENDOR shall not be deemed to be in default of its obligations under this contract for failure to pay
such taxes pending the outcome of any legal proceedings instituted in courts of competent jurisdiction
to determine the validity of such taxes. Failure to pay after the ultimate adverse conclusion of such
contest shall constitute a default.
NOTIFICATIONS
Any notices given under the provisions of this Contract shall be in writing and shall be hand - delivered
or sent by Registered or Certified Mail, Return Receipt Requested by one party to the other at their
respective addresses given below:
CITY:
Attn: Finance Director
CITY of Eustis
10 North Grove Street
Eustis, FL 32727
VENDOR
Attn: Richard Evoy
Edmunds & Associates, Inc.
301A Tilton Road
Northfield, NJ 08225
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LAWS OF THE CITY OF EUSTIS
The rights and privileges granted to VENDOR hereunder shall at all times be subject to local laws,
ordinances and resolutions of the CITY as the same are now or may hereafter be prescribed through the
lawful exercise of its power, including, but not limited to, all applicable provisions of the CITY's policies
and procedures as the same may be amended from time to time.
RELATIONSHIPS BETWEEN /AMONG VENDORS
VENDOR will be the single point responsibility for the entire project as defined in the Exhibits in this
contract. VENDOR may use subcontractors, but VENDOR accepts full responsibility for the
subcontractor's performance. VENDOR must identify all subcontractors and VENDOR must describe
the type of contractual arrangement that will exist with all subcontractors. VENDOR shall be solely and
exclusively responsible for meeting all the terms of the Contract.
DELAYS IN SERVICE DELIVERY
Delays in service delivery caused by any bona fide strikes, government priority or requisition, riots,
fires, sabotage, acts of God, or any other delays deemed by the CITY to be clearly and unequivocally
beyond VENDOR's control will be recognized by the CITY. VENDOR may be relieved of responsibility
of meeting service delivery as stipulated in the Contract upon VEIVDOR's filing with the CITY just and
true statements requesting an extension or delay in service delivery, signed by VENDOR and giving in
detail all the essential circumstances which, upon verification by the CITY, justify such action under the
provisions of this section by the CITY.
FIRM PRICES
Transportation, Delivery, Handling and Installation
All prices for the products and services to be furnished to CITY by VENDOR pursuant to the
Contract are inclusive of the costs of transportation, delivery, handling, insurance, uncrating and
installation.
Contract Pricing
VENDOR agrees to furnish to CITY all of the products and services listed in the Final Exhibits
hereto at the unit prices stated therein. The support and maintenance services shall be provided
through the term of the initial five -year maintenance schedule.
Operational Functions
Any changes, modifications or enhancements to said software during the period of the Contract
which are necessary in order to render or to preserve same as operational and functional as stated
in the exhibits herein on the CPU or LAN shall be made promptly by VENDOR upon notification
by CITY to VENDOR at no additional cost to CITY if CITY is in warranty period or paying
VENDOR application software maintenance. Software modifications and enhancements outside
the scope of this Contract herein will be governed by the mutually agreed upon statement of work.
TITLE
The right to perpetual license for the application software shall pass to the CITY at the time of full
payment of all fees.
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DISPUTES
Should any disputes arise with respect to this contract, VENDOR and the CITY agree to act immediately
to resolve any such disputes. VENDOR agrees that the existence of a dispute notwithstanding, it will
continue without delay to carry out all its responsibilities under the Contract in the accomplishment of
all non - disputed work; any additional costs incurred by VENDOR as a result of such failure to proceed
shall be borne by VENDOR, and VENDOR shall make no claim against the CITY for such costs. If
VENDOR and the CITY, via the designated representative and VFNDOR's Representative, cannot
resolve a dispute within thirty (30) calendar days following notification in writing by either party of the
existence of said dispute, then the following procedure shall apply:
Each party shall appoint one person to act as impartial representative in an attempt to resolve the dispute.
The appointed individuals shall be of sufficient knowledge and experience to understand and deal with
the dispute but shall not be persons assigned to the Project. The set of four (4) individuals consisting of
the CITY Project Manager for the Project, VENDOR Representative and the two (2) appointees is called
a Dispute Resolution Group.
The Dispute Resolution Group shall convene no later than fourteen (14) calendar days following written
notification of the existence of a dispute and shall meet for a minimum of four (4) four -hour sessions
during the subsequent ten (10) workdays in an attempt to resolve the dispute. All resolutions of disputes
shall be reduced in writing and signed by the CITY's authorized agent or his designee (CITY Project
Manager) and VENDOR Representative. Such resolutions shall constitute modifications to the
Agreement and further shall constitute binding agreement between parties after approval by the City
Council of the City of Eustis. However, any resolution, previous resolution, or aggregation increasing
the total Agreement amount by more than ten percent (10 %) will require the prior CITY approval.
In the event that the Dispute Resolution Group fails to resolve the dispute, at the CITY's sole and
exclusive option, any dispute arising between the parties may be submitted to mediation as the client
elects. If the dispute resolution group fails to come to consensus, and there is no mutual agreement, then
either party may assert its other rights and remedies within the Contract or within a court of competent
jurisdiction.
CITY can withhold in an escrow account any fees due VENDOR as a guarantee to resolve said disputes.
During this period, VENDOR cannot withhold support, maintenance or hot line support.
LIQUIDATED DAMAGES
If VENDOR is wholly and solely fails to implement the application software modules by the target
dates set forth the Final Exhibits hereto, VENDOR shall pay to CITY a liquidated damage amount equal
to $ 300 per day for each day past the day the installation is delayed, provided that any such liquidated
damages shall be capped at a total equal to 25% of the License Fee for the module for which installation
is delayed. Provided further, that this provision limits CITY'S damages against vendor for default other
than delay to the amount of the MCSJ application software license and first year's implementation costs.
PERMITS AND LICENSES
VENDOR shall secure and take out all necessary licenses, certificates and permits from any municipality
or other public authority, which may be required in connection with the work contemplated by the
Contract, or any part thereof, and shall give all notices required by any statute, law, ordinance, rule or
regulation. CITY shall notify VENDOR of any known requirements.
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WORK CHANGES
The terms, provisions and conditions of the Contract may only be modified or changed if said
modifications or changes shall be in writing and signed by both parties in the form of "Change Order"
attached hereto as Exhibit I. CITY reserves the right to order work changes in the nature of addition,
deletions or modifications, without violating the Contract, and agrees to make corresponding changes
in the Contract price consistent with Exhibits in the Contract. VENDOR shall be consulted with regard
to any work changes to ascertain the feasibility of said change and to coordinate said change with the
balance of the Project. In the event that CITY shall elect to purchase fewer software applications than
the quantities listed in the Final Exhibits hereto - it shall have the right to do so at the unit price shown
for said item therein. All changes shall be authorized by written change orders signed by the CITY's
authorized agent or his designee (CITY Project Manager) of CITY, as authorized by the CITY. The
change order will include conforming changes in the Agreement. CITY cannot request any changes
without VENDOR's written approval once work has been initiated on services and application software
modifications. The CITY may desire additional items beyond those itemized in the Contract. These
may be additional applications desired but not requested in the RFP, etc. The CITY may submit written
change orders to purchase these items. This is not to be used for pricing errors or items that are
scheduled already as deliverable.
MANUALS AND DOCUMENTATION
Concerning all hardware, operating and applications software, VENDOR shall provide hard copies of
training manuals and searchable electronic documentation user manuals, both with each application
software and on -line. As long as maintenance agreements are in force, VENDOR further agrees to make
available to CITY at no additional cost any updates and /or revisions to on -line manuals published
and/or released during the term of the Contract.
VENDOR'S RESPONSIBILITY
VENDOR is responsible for providing all hardware, system software, and Edmund's proprietary
software called MCSJ [Municipal Computer Software Java] application software on the attached
proposal. Unless otherwise noted, training of MCSJ application software and complete installation of
system software and hardware is the responsibility of the vendor. VENDOR is committed to providing
CITY with the highest level of support that is needed to ensure a successful installation.
It is understood and agreed that VENDOR shall furnish to CITY a complete, fully operational
application software system, in accordance with but not limited to the details contained in the Exhibits.
In the event that VENDOR's Proposal includes software developed by another VENDOR, manufacturer
or supplier, VENDOR shall assume responsibility for such items offered as part of said proposal, and
installation of VENDOR provided third party software. Manufacturer and /or supplier or other
subcontractor shall contract directly with CITY for on -going maintenance support. Except as
specifically referenced in the Contract, VENDOR shall be responsible for carrying out its obligations and
responsibilities pursuant to the Contract, and shall be the only entity to receive payment for same from
CITY.
VENDOR, jointly with CITY, shall approve in advance and in writing all form layouts, paper quality
and design to assure their compatibility with the computer's operating system, software and printers.
VENDOR and CITY shall be responsible for implementing all aspects of the Contract, including the
technique, sequence, procedures and means of coordination of the work, and shall provide all
supervision and direction necessary to accomplish same. VENDOR shall provide all manner of labor,
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materials, apparatus, appliances, tools, machinery, transportation and whatever else may be required to
do and complete the work, and shall be responsible for same, and for the safe, proper and lawful
installation, maintenance and use thereof.
VENDOR and CITY shall protect the work sites and work from damage, and shall make good all entry
to same occurring before the completion of the work to be performed under the Contract. All on -site
work shall be approved and scheduled in advance by the CITY's authorized agent or his designee (CITY
Project Manager) of CITY. VENDOR and CITY shall comply with all applicable statutes, laws,
ordinances, rules and regulations relating to the performance of the work hereunder. If any portion of
the Contract is at variance therewith, VENDOR and CITY shall promptly notify the other party upon
discovering same.
CITY'S RESPONSIBILITY
The CITY is expected to maintain the training schedule that is agreed upon before the installation. Strict
adherence to this schedule and performance of the tasks assigned to the client will greatly assist in the
implementation of the client's new software application system. Client's staff must dedicate adequate
time, their undivided attention during training and completion of required tasks between sessions.
CITY will fully cooperate with and assist VENDOR in the performance of its responsibilities under the
Contract. As part of CITY's responsibilities, it will designate a qualified staff member who will be the
CITY's Project Manager, and who will have authority to act for CITY and provide VENDOR with
necessary information and data concerning CITY's operations and activities.
The CITY and VENDOR will agree to a project schedule. The timeliness of the CITY completing their
tasks will affect our ability to perform our tasks in a timely manner. Should the CITY fail to meet a
deadline, VENDOR's affected milestones will be adjusted accordingly by the CITY.
The CITY will:
Have responsibility for populating data files provided by VENDOR (i.e., pre- formatted Excel file
for data to be converted).
Provide staff to help define all appropriate flows, rules and processes
Do whatever else both parties mutually agree to during the planning and implementation
phases.
TIME OF PERFORMANCE
It is expressly understood and agreed that time is of the essence in the Contract. VENDOR shall
commence performance of the Contract within fourteen (14) days of the date of execution of the
Contract by CITY, and shall furnish the professional services and materials set forth in the Contract,
within the time periods set forth herein.
THIRD PARTY SOFTWARE
All third party software purchased by the CITY is covered by the original manufacturer's warranty and is
bound by the stated license agreement. The vendor assumes no responsibilities for these products.
Support for these products is solely from the original software manufacturer and not from the vendor.
This includes off the shelf software products such as MS Excel, Lotus, WordPerfect, and the like. Any
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interface provided by, or required by Vendor shall be supported by VENDOR. All calls for service
concerning the interface with the third party software shall be provided by VENDOR.
Licensed Software Maintenance Lifecycle Protection
In the event Vendor makes available successor software products (i.e., software products based on a
new technical architecture) ( "Successor Products ") with substantially similar functionality to the
Licensed Software, within ten (10) years from execution of this Contract, the City may transfer the
Software to the Successor Products for no additional Licensed Software license fees. In such event,
Not withstanding anything to the contrary herein, the City shall pay the then - current Licensed Software
maintenance fees for the Successor Products, in addition to any mutually agreed upon fees for
Services and third party fees associated with the Successor Products. This is not applicable to Software as
a service applications.
Software functionality
In the event that the Vendor modifies or discontinues a module, Vendor will guarantee that essential
functionality is not lost. Such functionality will be substituted in the Vendor's application in another
module or otherwise provided in another area of the application
WARRANTIES FOR MCSJ APPLICATION SOFTWARE
VENDOR warrants that the Application Software will meet the functional and performance
specifications described in the Contract. VENDOR hereby expressly warrants that prior to CITY's
acceptance of any deliverables pursuant to the Contract, all delivered programs; documentation, reports
and other items will be properly functioning and compliant with the terms of the Contract. VENDOR's
liability with respect to said warranty is limited to the correction of errors and defects in the application
software system, which VENDOR shall correct or replace within a reasonable time after written
notification of said deficiencies by CITY. In the event that VENDOR or its authorized sub contractor
fails or refuses to repair an identified error, deficiency or defect within a reasonable time after written
notification by CITY, CITY may, at its option, cause same to be repaired or corrected; and VENDOR
shall be required to reimburse CITY for any reasonable costs resulting therefrom.
PAYMENT & ADDITIONAL CHARGES
It is hereby understood that all Edmunds & Associates staff travel costs; travel time, travel expenses, and
other expenses will be 100% absorbed by the vendor. Any cancelled training sessions by the City of
Eustis will result in charges for any lost travel fees and irrecoverable costs.
The City of Eustis has selected one payment of $250,000 upon system implementation and acceptance.
This payment is inclusive of the first five years of MCSJ software support and maintenance. Payment
shall not be withheld pending delivery of the MCSJ Resident and Permitting Self Service modules, which
are being developed for implementation in March 2014.
CONVERSION
Edmunds & Associates, Inc. has agreed to convert some or all of the clients existing data, the cost and
detail of this project is on the attached proposal. It is the client's responsibility to get the data in a format
acceptable to the vendor. If a third party is used to assist in the conversion, and for any reason the third
party does not perform, is laggard in performing this task, or performs in error, Edmunds & Associates is
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not liable or susceptible to any damages. Reconciliation of converted data is solely the responsibility of
the client.
NON - PAYMENT
As defined by the terms of the Contract, if VENDOR is not compliant with the deliverables, the CITY
can withhold with cause payments for deliverables that are not compliant until such deficiencies are
remedied. During this period of non - payment, VENDOR is still obligated to provide the agreed upon
maintenance and support. The CITY must give written notice of intent to withhold payment, and
VENDOR must resolve outstanding issues within thirty days.
APPLICATION SOFTWARE SUPPORT & MAINTENANCE
Application Software Maintenance Extended to ten (10) Years
The City shall have the right to annually renew the maintenance agreement after five years from the
start of the warranty period. Application software maintenance shall be billed initially by each
application and shall begin at the end of the fifth full year from the date of installation of the initial
software applications. Applications software maintenance shall include at no additional charge to CITY
during the five year maintenance period the complete and timely alteration of any and all applicable
software changes that are required or mandated by the State of Florida, the Federal Government, GASB,
the Courts or any federal or state regulatory agencies.
VENDOR agrees to be the prime contractor for all software applications purchased from
VENDOR. VENDOR will acquire, deliver, install and certif}, the proper operation of the software
on a turnkey basis. This includes:
Acting as a single point of contact for software installation and integration issues, and
software support issues, for all items purchased from N;ENDOR;
Install, setup, configure, certify, and document application system software modules;
Install, setup, configure, certify, and document third party software on servers and all
workstations as appropriate;
Demonstrate system performance according to acceptance criteria;
Provide application system support and maintenance on application software provided by
VENDOR
VENDOR Response Time
VENDOR agrees to provide a maximum 4 -hour response time to acknowledge a non - emergency
software support call, 2 -hour maximum for emergency calls, and will make every attempt to correct
reported software problems that are causing the VENDOR the inability to move forward with required
processing within 24 -hours from the report call to fix the reported software problem. If the reported
problem is mission critical (payroll processing, year -end processing, tax billing), VENDOR will expedite
support and service on a priority basis to the City of Eustis.
Application Software Support and Maintenance: Hours of Availability
VENDOR will make Maintenance and Support services available to CITY during standard business
hours 8:30 AM - 5:00 PM Eastern Standard Time, Monday through Friday except for recognized
holidays. VENDOR will extend availability of service coverage for weekend coverage provided CITY
provides at least a week notification of the need for such coverage and agrees to pay the surcharge
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identified at the time of notification.
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Current Support & Maintenance" includes the following:
Client Support Services
• Staffed with Certified Finance Officers & Tax Collectors
• All staff complete Rutgers University Governmental Courses
• Phone support with priority resolution escalation
• Remote desktop access for support inquiries & .resolution
• E -mail & chat for support inquiries
• Technical issue resolution for MCS software operation
• MCSJ report printing resolution
Software Updates & Enhancements
• Client polling for Software Enhancements
• Software system enhancements at no additional cost
• State mandated changes at no additional cost
• Federal mandated changes at no additional cost
Client Support Website Access
• Knowledge base & FAQ 's
• Helpful hints
• Video tutorials
• User forums
• Software system & technical documentation
Client Services
• More than 200 webinars /video tutorials every year
• E -mail alerts & notification of statutory changes
• End of year documentation and procedures
• FAQ automated responses
• Periodic notifications of quarterly and/or yearly tasks
• Newsletter subscription
• User group virtual webinar meetings at no cost
• 24/7 access to downloadable system patches and updates
"Subject to enhancements and changes every year
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THIRD PARTY SOFTWARE
VENDOR agrees to be the initial responder to CITY calls for service to determine if the cause for
problems with the running of software applications are related to hardware, operating system,
Edmunds & Associates software, third party software, or communications causes. VENDOR is
providing third party software from other vendors. Third party software products shall carry the full
warranties provided by the licensor. The database management software maintenance includes
telephone support and any enhancements released during the term of the Agreement and will continue
prop, ided that CITY maintains in full force and effect a Software Maintenance Agreement with the
licensor. VENDOR, as authorized agent for third party software, shall be responsible for furnishing to
CITY third party software support.
COUNTY, GASB, AND STATE, AND FEDERAL REPORTING
VENDOR also agrees to provide to the CITY, at no additional cost, enhancements due to changes to
federal, GASB, or state reporting requirements in a timely manner while support & maintenance
agreements are paid.
SECURITY OF APPLICATION SOFTWARE
CITY will protect the confidential nature of application software by establishing written procedures
with respect to CITY's employees who are permitted access to application software or take reasonable
efforts to prevent the application software from being acquired by unauthorized persons. CITY will
promptly notify VENDOR of any unauthorized person(s) having access to application software.
NON - STANDARD SOFTWARE CHANGES
Any changes, modifications or enhancements to said software during the period of the Contract, which
is initiated by the CITY shall be at a price mutually agreed to by the parties. Any changes to software
performed by VENDOR will be supported in all future releases without extra fee if software
maintenance is in effect.
OPERATING ENVIRONMENT
VENDOR shall review and provide written approval or rejection of the CITY's site preparation plan and
operating environment. VENDOR shall provide written minimum standards for any backup hardware
requirements. CITY agrees to install an uninterruptable power supply (UPS) or battery backup with
power conditioning or other VENDOR defined equipment to prevent power interruptions and power
surges from damaging the hardware or software.
HARDWARE
All hardware provided by the VENDOR will either meet or exceed the specifications listed on the latest
proposal. Unless otherwise noted, the manufacturer's product listed on the proposal will be that provided
by the vendor. No responsibility is assumed for hardware not purchased from Edmunds & Associates.
The original manufacturer warrants all hardware proposed for one year. Any exceptions will be listed on
the vendors attached proposal.
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LICENSE EXCEPTION
In the event the CITY desires to use non -CITY employees to review the Software's proper installation
and operation according to VENDOR's specifications, VENDOR will provide written exception to such
person(s). Such person(s) will be required to sign an agreement of software non - disclosure to obtain the
exception.
QUIET ENJOYMENT
The CITY shall be entitled during the term of this license and all renewals to the use of the package
without disturbance subject only to its obligation to make the required payments hereunder. VENDOR
represents that the Contract is not subject or subordinate to any right of VENDOR's creditors.
VENDOR COMMITMENT
VENDOR shall maintain and upgrade the application software, with the Vendor's required or
recommended operating system software at its current or public- released level and insure that the
application software is compliant with all third party software products required or recommended by
Edmunds & Associates to operate, optimize, interface or integrate the application software at no
additional charge to CITY as long as a Software Maintenance Agreement is in effect between VENDOR
and CITY. During such period VENDOR will furnish to CITY, at no additional charge, all new
upgrades, releases, or replacement software for the licensed software applications. VENDOR's
obligation shall be exclusive of any third party or hardware costs, or training, conversion or other
services required, which may be separately charged to CITY.
Miscellaneous
If the City of Eustis desires a conversion of Cartegraph and AllData the cost is $125 per hour with a
maximum cost of $ 2,000 each. (Conversion services are $125 per hour)
As part of our normal implementation Edmunds & Associates performs a post client implementation
meeting about system usage and processes about 6 months after the go live date.
Edmunds & Associates will create attendance import capabilities from Spillman (Police) and Fire
Personnel Software if the City chooses for a cost of $150 per hour, not to exceed $15,000. An interface
routine will import attendance transactions from the third party products into and MCSJ attendance
batch. A table will be created in MCSJ, and maintained by the Cit\,, which will cross foot each pay type
in the third party product with a corresponding MCSJ attendance code. The routine will import the file,
convert pay type to attendance code, and generate an MCSJ attendance batch. The attendance batch will
require review and verification prior to updating. Duplicate entries and mismatched attendance codes
will be available with generation of an exception report. (Programming & development services are $
150 per hour)
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IN WITNESS WHEREOF, VENDOR and CITY have each executed this Master Agreement on the dates
written below. This Master Agreement shall be effective only if executed by both parties on or before
April 30, 2013.
By:
Attest:
Dated:
Approved as to form:
CITY Attorney
CITY OF EUSTIS, FLORIDA
Signature:
Dated:
EDMUND AS C TES, INC.
By:
Richard L. Evoy, Chief Oper ling Officer
Dated:t?V— /!�-- / 3
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CONTRACT EXHIBITS LIST
EXHIBIT A:
Initial Cost Summary Sheet and Annual Maintenance Costs
EXHIBIT B:
Statement of Work
EXHIBIT C:
Project Plan & Gantt Chart
EXHIBIT D:
Vendor's Software License Agreement
EXHIBIT E:
Vendor's Software Support and Maintenance Agreement
EXHIBIT F:
Acceptance Criteria
EXHIBIT G:
Change Order Request Form
EXHIBIT H:
Vendor's Proposal
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EXHBTI' A: Cost Summary Sheet, Annual Maintenance Costs & Modifications
Cost Summary
Annual
Cost Summary Cost Maintenance
Fees*
MCSJ Software Applications
License Fees $120,700.00 $33,594.00
Training (included with License Fees) $0.00
Services & Other Applications $63,880.00
Conversion Services $58,500.00
Less: Courtesy Discount ($127,456.00)
Application & Services Total: $115,624.00 $33,594.00
5 Year Maintenance Cost: $134,376.00
Total 5 Year Cost:
MCSJ Application Cosiu
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Training
Training
Application
License Fee
Hours
Cost
MCSJ Finance Super Suite II
$25,000.00
40
Included
MCSJ Electronic Requisitions II
$8,000.00
20
Included
MCSJ Accounts Receivable & Business Licensing II
$10,500.00
12
Included
MCSJ Payroll 1
$10,500.00
20
Included
MCSJ Human Resources 1
$10,500.00
20
Included
MCSJ Employee Self Service Portal 1
$7,500.00
8
Included
MCSJ Utility Billing & Collections II
$18,500.00
40
Included
MCSJ Customer Work Orders 1
$10,500.00
16
Included
MCSJ WIPP I (On -line Inquiry and Payments)
$1,200.00
2
Included
MCSJ Construction Permitting & Code Enforcement
11
$18,500.00
40
Included
MCSJ Data Vault
$0.00
4
Included
MCSJ Inventory Control 1
$0.00
20
Included
MCSJ Resident Self Service 1
$0.00
12
Included
MCSJ Permitting Self Service 1
$0.00
12
Included
Total:
$120,700.00
266
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Annual Maintenance Fees
Application
MCSJ Finance Super Suite II
MCSJ Electronic Requisitions II
MCSJ Accounts Receivable & Business Licensing II
MCSJ Payroll I
MCSJ Human Resources I
MCSJ Employee Self Service Portal I
MCSJ Utility Billing & Collections II
MCSJ Customer Work Orders I
MCSJ WIPP I (On -line Inquiry and Payments)
MCSJ Construction Permitting & Code Enforcement 11
MCSJ Data Vault
MCSJ Inventory Control I
MCSJ Resident Self Service I
MCSJ Permitting Self Service I
Total:
*Annual maintenance fees include all federal and state
mandated changes, annual application enhancements and
upgrades, unlimited phone, email, and web based support.
** WIPP is a service billed every year.
Year One
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Included
Year Two
$5,513.00
$1,680.00
$1,785.00
$2,316.00
$2,205.00
$1,575.00
$6,300.00
$2,205.00
N /A **
$3,700.00
$960.00
$2,205.00
$1,575.00
$1,575.00
$33,594.00
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Other Services & Application Fees
Service /Other Application
Installation II
SQL Database
MS SQL; client will provide
Project Management
Program Modifications*
Payroll /HR
Applicant tracking exam date
Employee skill table in HR & PAF with Electronic Approval
Annual Employee Benefit Summary
Accounts Payable
Percentage Discount for PO Total
Vendor "Do Not Mail" Functionality
Credit Reporting Field in Vendor Maintenance
Utility /Work Orders
Enhanced Utility Pick list
Drilldown to & reprint /email bill from recent activity tab
Work Order & Building Maintenance field enhancements
Various module enhancements
Budget Preparation Redesign
Excel Custom Report ability to format in MCSJ
Adding a URL link to a credit reporting agency
Bar Code for Fixed Assets
Construction /Code /Portals
Additional Field for Violation Initiator
Web based payments & status inquiry for permits /violations
Code Violation Inquiry Table for status
MCSJ Web based Resident & Construction Portal
Interfaces
Lake County Property Data Updates
Utility Meter Reading Interface
Interface to AMS if City elects to do so at a later date
Total:
• *As per the RFP technical specifications
Cost
$1,680.00
N/A
$5,000.00
$57,200.00
06 -01 -2013
10 -01 -2013
03 -31 -2014
11 -29 -2013
11 -29 -2013
11 -29 -2013
08 -30 -2013
08 -30 -2013
06 -01 -2014
08 -30 -2013
11 -29 -2013
11 -29 -2013
10 -01 -2014
08 -30 -2013
09 -30 -2013
11 -29 -2013
03 -31 -2014
10 -01 -2013
06 -01 -2013
Included
$63,880.00
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Conversion Services
Conversion Services
Financial Chart of Accounts
Vendor Master File
Employee Master File
Utility Master File
Utility Readings
Summary Transactions (Finance - 2 Years)
Summary Transactions (Payroll - 2 Years)
Summary Transactions (Utility - 2 Years)
Total:
Cost
$0.00
$0.00
$3,500.00
$5,000.00
$7,500.00
$12,500.00
$15,000.00
$15,000.00
$58,500.00
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EXHIBIT B: Statement of Work
General Document Information
This SOW and any Change Order approved under this SOW, defines the scope of work to be performed by
Edmunds & Associates and the City of Eustis under this Project and is the controlling document between
Edmunds & Associates and the City of Eustis with regard to the Project roles and responsibilities.
Any changes in scope shall be made to this SOW using the Project Change Control Procedure, as described in
Article VII.
Project Background and Drivers
The reasons for launching this Project are to:
• Replace the current Financial, Payroll, Water Sanitation & Sewer Utility, Building Permits and Code
Enforcement systems
• Help enable best practice processes for the City of Eustis
• Combine systems into one integrated database
• Improve customer service, cash flow and controls
• Reduce clerical efforts
Project Dependencies, Constraints and Risks
Project dependencies and constraints that might have an impact on the Project:
• Work environments that may interrupt training
• Regular duties /responsibilities competing for the same resources
• Potential strain on the City of Eustis resources in supporting the project and undertaking
responsibility for the MCSJ implementation
Project Prerequisites
Project Ownership and Sponsorship
The City of Eustis and Edmunds & Associates will take responsibility for the achievement of milestones and
completion of deliverables in accordance with the Deliverables section below. City of Eustis will work with
Edmunds & Associates in a manner that recognizes mutual risk and will adequately provide the project with the
time, personnel, and funds to complete the implementation.
Edmunds & Associates will be for project management with the assistance of the Dr. Jack Harris and the City of
Eustis staff.
City of Eustis will establish a responsive process to approve project Deliverables, as they are developed to avoid
bottlenecks in the project. Deliverables will be released in draft form before the final version.
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To help ensure that the time frames set by City of Eustis are met, City of Eustis is obliged to fully review all final
deliverables within ten (10) business days. The City must notify Edmunds & Associates in writing by the end of
the 10th business day of any deficiencies.
City of Eustis and Edmunds & Associates' senior management are expected to create a focus and priority for the
MCSJ implementation project that will break down impediments to success.
It is extremely important that all staff provide the trainer their undivided attention. We understand that the rest
of their job duties do not stop because of a training session. We find, however, if they are able to concentrate on
training without unnecessary interruptions, staff will learn the system more efficiently. Please plan accordingly
with other staff so interruptions will be kept to a minimum.
Once a training date is scheduled, please provide us with at least 7 days advance notice when possible if it is
necessary to cancel a session. We fully understand that emergencies and unforeseen events may happen and we
will be flexible when able.
All requested reports from your existing system should be available and ran before we arrive for each training
session. If there are any questions about our requests they must be asked before we arrive for training. Your
MCSJ Application Trainer will always inform you what will be needed for the next session.
We always encourage questions, however, please don't be offended if your trainer acknowledges the question
and advises it will be answered when you're at another point in system training. If there is something you do not
understand relevant to the topic being covered, the trainer will gladly go over it again.
At certain phases of system training each hour of training may generate two times or greater amount of
"homework" before the next session. Your trainer will provide a written 4ist of tasks and objectives to complete
before the next scheduled session.
Project Strategy
The project is divided into two (2) phases; Establish and Execute.
• During the Establish phase, Edmunds & Associates will work with City of Eustis to establish a project
environment and validate configuration of the MCSJ solution.
• During the Execute phase, Edmunds & Associates will support City of Eustis during system testing,
end user training, and go live.
Project Office
Edmunds & Associates assumes that City of Eustis will provide appropriate office facilities to all team members
assigned to the core project team as may be required. This includes, but is not limited to, office space, work
desks, networked computers, team meeting rooms, networked printers: photocopiers, telephones, and so on, to
facilitate the effectiveness of the project team.
Edmunds & Associates staff will have access to the office facilities at all times, as dictated by City of Eustis's
reasonable security restrictions.
City of Eustis may provide a training facility in which to conduct project ,earn and end -user training if desired.
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Project Scope
This section defines what is included in this project. All scope items that are not identified or listed as "in scope"
are excluded from the scope of this project.
Business Process Scope
The Business Processes of the City of Eustis organization in scope for this project are noted below.
Customization Scope
Defines the various software elements to be developed or modified within the scope of the project, such as
reports, interfaces, functional needs, forms, etc. This section describes those parts of customizations that are in
the scope of this project.
All requested customizations have been identified to date and are listed in Exhibit A of the Master Agreement.
Documents and Reports
Predefined online as well as printed reports supporting maintenance operations on an operational and tactical
basis are available.
The need for customized documents and reports will be identified during the Project. We will train The City of
Eustis in developing any required custom documents and reports. As part of our implementation Edmunds &
Associates will provide technical consulting in an advisory role to help support the City of Eustis's reporting
needs.
Interfaces
Edmunds & Associates will train and implement interfaces for the following:
• Lake County Property Data Updates
• Utility Meter Reading Interface
• Web Inquiry & Payment Portal (WIPP) Internet Interface
Functional needs not covered by the standard MCSJ Systems
During the RFP process new functionality was identified and included in Master Agreement Exhibit A.
Technology Scope
Defines the scope of the work involved in designing and implementing the technology infrastructure and
architecture for the project. Following software installation, it is assumed that City of Eustis's IT staff will have
responsibility for maintenance and support of the IT environments needed for their implementation project.
Edmunds & Associates Technical Services will be engaged in an advisory and support capacity. Edmunds &
Associates Technical Services activities included in this SOW are as follows.
• Architectural design of development, test and production systems to support Edmunds & Associates'
MCSJ applications in a centralized data center.
• Installation and technical configuration of MCSJ System software on selected equipment.
At the start of the Project, Edmunds & Associates will work together with City of Eustis IT staff to install software
and establish two MCSJ environments; development and test. Edmunds & Associates will instruct City of Eustis's
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system administrators on how to manage the MCSJ application. Prior to go live, Edmunds & Associates will help
the City of Eustis IT staff establish the MCSJ production environment.
Training Scope
Defines the scope of the work involved in MCSJ project training.
Only upon mutual agreement this Project will utilize a train the trainer approach. During the Project's beginning
phase, Edmunds & Associates will deliver two types of training:
• Process oriented MCSJ application training to City of Eustis process owners and key users
• Technical training to City of Eustis IT Staff
Edmunds & Associates standard education materials will be used for this training. Training will be on -site, via
webinars and on the phone when applicable.
Change Management Scope
Defines the scope of work required to manage needed parallel change management activities at City of Eustis.
The Project requires different processes and as a result, may change employee responsibilities, authority, and
competence requirements. City of Eustis must carry through needed change management activities in consulting
with the Edmunds & Associates project management team.
By change management we mean:
• Reorganization required as a consequence of the project
• Needed recruitment, transfer, or extensive training (not covered by Edmunds & Associates' normal
supply of training)
• Other reorganization in City of Eustis's business that may negatively impact this project
Data Conversion Scope
Defines the scope of work required to manage data transfer from City of Eustis's existing maintenance
application into Edmunds & Associates' MCSJ software.
City of Eustis is responsible for cleansing legacy system data, preparing data to be imported into Edmunds &
Associates' MCSJ application database, and for developing any required conversion export routines. Edmunds &
Associates will provide technical consulting in an advisory role to support the City of Eustis's conversion efforts.
Upon mutual agreement and your legacy system capabilities we expect data files in ascii or excel. The data to be
converted is identified in the Master Agreement.
The project team will be assigned to the project on a part -time basis. Any anticipated changes to the team must
be communicated to the steering committee within five working days, which will evaluate the impact of any
replacement on the project's schedule and cost.
The City of Eustis project team will have the necessary knowledge of the existing legacy systems from a technical
perspective. Additionally, it is anticipated that any support from other Eustis entities or departments as may be
needed according to the work plan and resource plan (infrastructure, network, desktop support) will be available
to the project team and will not detrimentally impact the project timeline.
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Delivery Acceptance
Throughout the project, at the completion of each Deliverable and /or Milestone, a Project Review will be
conducted with the City of Eustis. The City of Eustis Project Manager will review and accept the Deliverable
and /or Milestone based upon the completion criteria as identified in the Statement of Work.
Deliverables
The following constitutes the criteria the City of Eustis will follow for accepting completion of each of the Project
Deliverables:
Deliverables owned by Edmunds & Associates will require sign off by the appropriate City of Eustis Project
Manager or other party as designated. The City of Eustis approver will have a maximum of ten (10) business days
to sign off on each deliverable. If the applicable approver does not notify Edmunds & Associates of its acceptance
or rejection of the deliverable within such 10(10) business day period, the deliverable will be deemed to be
accepted by the City of Eustis on the close of business of the tenth day.
Milestones
The following constitutes the criteria the City of Eustis will follow for accepting completion of each of the
milestones:
When Edmunds & Associates demonstrates that a Milestone has been completed, the Edmunds & Associates
MCSJ Project Lead will notify the City of Eustis's Project Manager in writing. Unless otherwise provided in the
Statement of Work with regard to specific Milestones, or as mutually agreed upon in writing by the parties, City
of Eustis will have ten (10) business days to review and /or conduct acceptance tests with respect to the
Milestone. If the City of Eustis does not notify Edmunds & Associates of its acceptance or rejection of the
Milestone within such ten (10) day period, the Milestone will be deemed to be accepted by City of Eustis on the
close of business of the eighth day. If upon review and /or testing, the City of Eustis determines the Milestone to
be completed and acceptable, and notifies Edmunds & Associates in writing, the Milestone will be deemed
accepted. The date of Final Acceptance of the Milestone will be the date of the written notice, or the completion
of the ten (10) day period described above, if no written notice is provided. If the Milestone is not completed or
acceptable, the City of Eustis will document in writing any material nonconformity in the functionality and
performance of the Milestone. Edmunds & Associates will promptly correct all material non - conformities and re-
submit the Milestone for acceptance, which will recommence these acceptance procedures. The City of Eustis
and Edmunds & Associates will conduct acceptance testing for Milestones within the framework of acceptance
criteria described above for each deliverable contained in the Milestone. The City of Eustis will use reasonable
efforts to conduct its acceptance testing in a prompt and thorough manner so as to identify any aspects in which
the Milestone is not completed and acceptable.
Deliverable and Milestone Acceptance
Acceptance
Approving Party
Number of Business Days for
Approval & Signature
Deliverables
City of Eustis Project Manager / Designee
10
Milestones
City of Eustis Project Manager
10
Acceptance Assumptions:
City of Eustis will not unreasonably withhold or unreasonably delay acceptance of a Payment Milestone.
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• Edmunds & Associates and the City of Eustis will follow the escalation path developed in the project
Communication Plan to resolve disagreements related to the approval of Milestones.
• City of Eustis will provide all resources specified under the Statement of Work in a timely manner.
• All timetables have been accounted for in Exhibits A & C
• Process for Deliverable validation and verification is stated in Quality Control section of Project Quality
Management Plan.
Quality Management
The quality plan below will be established at start of the project.
Quality Policy
The quality policy for the project is authorized by the project steering committee and can only be changed by
means of an approved Project Change Request.
The project quality policy helps ensure that the project work meets quality standards. To help avoid the
possibility of problems, the quality policy helps provide a structured mechanism for the implementation of
project quality through:
• Establishing clear quality objectives for the project
• Establishing a quality organization to implement and review project quality
• Establishing formal quality audits in the project
• Establishing formal communication and feedback mechanisms for quality improvement
Encouraging all project members to focus on quality and quality improvement.
Quality Objectives
Tha nrniPrt hac defined the followine duality obiectives:
Project Area
Objectives
•
Communications
• Effective communication within the project
Configuration Management
• Compliance with the configuration management
procedure.
Deliverables
Completion of project Deliverables defined in Project
Definition
• Validation of all project Deliverables
• Approval of project Deliverables
Follow -Up
• Verify that recommendations or quality improvements
have been brought to the attention of the appropriate
project personnel
• Verify that all recommendations have been reviewed and
prioritized for action, or if no action is taken on a
recommendation, that the reasons have been
documented and approved by the steering committee
Issue Management
Help ensure effective control over project issues
Objectives
• Help ensure that the project has clear objectives
Project Management
• Monitor project management to help ensure that it is
effective for the project
Quality Management
• Verify that the project follows the project quality plan
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Quality Checkpoints
The project is divided into two (2) phases and at each phase the quality of the project should be reviewed. Most
important is the verification of the deliverables. The detailed listing of project deliverables is contained in this
Statement of Work. The main quality control areas for the checkpoints are:
Quality Control Area
Establish
Phase
Execute
Phase
Project progress meetings
X
X
System Testing
X
Project deliverable validation
X
X
Project quality audit (deliverable verification)
X
X
Phase steering committee (deliverable approval)
X
X
Quality Control
Work Conducted
Project quality control focuses on monitoring project activities to help ensure that they comply with quality
standards and, if necessary, takes action on any deviations from the defined standard. Whenever conducting
work on the project, project members should ensure that they understand:
• Objectives of the work
• Expected duration of the work
• Project Schedule /Project Plan
• Reporting /Checkpoints
If at any point when working with a Deliverable a problem is encountered that cannot be resolved, the project
manager should be contacted. Before submitting any completed work, a project member should validate the
Deliverable in accordance with its requirements.
Test Procedures
Two test procedures are performed during the project; System Test and Full Scale Test. The involved roles,
nature and content of the procedures vary according to the particular test conducted. Each test procedure will
have a written record that confirms the results of the testing and acceptance of the solution.
Deliverable Validation
Process owners and key users will validate all project deliverables.
Quality Audits — Deliverable Verification
The E &A Project Quality Consultant, assisted by the Eustis Project Quality Owner, will conduct audits as part of
the quality assurance work in the project. Audits will be conducted prior to phase end.
Each project quality audit will focus on the Deliverables that have been completed up to the point of the audit, as
well as the prerequisites for the Deliverables that will be completed before the audit.
All Deliverables will be subject to verification as part of the quality audits, The experts, process owners and key
users verify the product Deliverables. The project quality owner verifies the process Deliverables.
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Project Change Control Procedure
A Project Change Request (PCR) will be the vehicle for communicating change.
• The PCR must describe the rationale for the change and the effect the change will have on the budget,
resources and /or timeline.
• Both parties must review the proposed changes to determine the impact of such changes on the project
schedule, project resources and project costs. The City of Eustis and Edmunds & Associates project
managers will determine the effect that the implementation of the PCR will have on price, schedule,
resources and other terms and conditions of the Agreement if any.
• Upon Agreement of the PCR, Edmunds & Associates will provide a written Services Change Order
Request that must be signed by both parties to document changes. A signed Service Order Change
request will be considered as an addendum to this Statement of Work.
• Commitment and authorization to implement changes will be committed via a Purchase Order Work
Authorization (PO WA) alteration or a separate PO WA.
Roles and Responsibilities
Steering Committee — Responsibilities
The steering committee is the project board and consists of the City of Eustis and Edmunds & Associates
representatives:
• Client Project Sponsor
• Client Project Manager
• Edmunds & Associates Director of Support Services
Make decisions about:
• Financial issues
• Resource issues
• Schedule issues
• Priority issues
• Exceptions from the project scope (approve change requests)
• Approving deliverables
• Closing the project
City of Eustis Project Sponsor — Role and Responsibilities
The project sponsor is normally the client's Administrator, Manager, IT Director, Finance Officer or equivalent
senior position. The role of the project sponsor is to support the team in organizational and contractual matters,
as well as matters of principle, without having an operational role in the project.
This is a critical role since the sponsor is the one person with the vision of what the project can contribute to the
business. The sponsor also recognizes the need for change and can ensure that the client resources have both
the required knowledge and enough allocated time to meet overall project objectives.
Responsibilities in the MCSJ Implementation Project
• Chair steering committee meetings
• Ensure that the project and business objectives support the organization's strategy and mission
• Ensure the commitment of City of Eustis senior management to the project
• Act as a mentor during the change process
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• Manage the scope of the project
• Ensure that the quality assurance demonstrates the quality standards set
• Manage project risks
• Mediate and resolve project conflicts
• Establish an internal help desk at your site to handle first -level support after the project is closed
City of Eustis Project Manager — Role and Responsibilities
The City of Eustis project manager is assigned to the project by City of Eustis management. Operationally, the
Edmunds & Associates project lead and City of Eustis project manager are responsible for project planning,
control and follow -up. The City of Eustis project manager provides day -to -day leadership and direction to the
project.
Responsibilities in the MCSJ Implementation Project
• "Own" the project on a day -to -day basis
• Work with the Edmunds & Associates Project Lead in defining project objectives
• Work with the Edmunds & Associates Project Lead in planning all phases of the project
• Work with the Edmunds & Associates Project Lead in monitoring and controlling what is done in the project
• Make sure performed work is in accordance with the Project Statement of Work
• Report to the steering committee
• Validate updates of the Project Statement of Work
• Has the ultimate responsibility for the quality of the delivered solution
• Make decisions required to keep the project on schedule and within budget
• Support process owners (for example, templates and overall project questions)
• Communicate with City of Eustis project members and the rest of the organization
• Issue notices for and take minutes during steering committee meetings
• Issue notices for and take minutes during progress meetings
City of Eustis Project Quality Owner — Role and Responsibilities
The project quality owner (PQO) is assigned to the project by City of Eustis management and reports to the
steering committee on project quality assurance matters. The PQO has no other role in the project.
PQO supports the quality auditor in making quality audits on project deliverables. This also means that the PQO
should continuously work with the City of Eustis Project Manager to prevent quality problems from occurring and
to promote a quality standard throughout the project.
The project must attain the sufficient level of quality defined in the project quality plan.
Responsibilities in the MCSJ Implementation Project
• Take "ownership" of and provide leadership for project quality by promoting the quality standard throughout
the project
• Together with the project quality auditor, review the Quality Plan and perform work in accordance with it
• Work to ensure that quality standards are attained and that, where appropriate, corrective action is taken in
order to prevent deviations
• Together with the Project Quality Auditor, perform quality audits on project deliverables
• Assist the Project Quality Auditor in preparing audit reports that document findings of and recommendations
for all deviations in the quality level of project deliverables; check that follow -up action is taken for reported
deviations
• Make quality improvement recommendations to project management and the steering committee
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City of Eustis Technology Director — Role and Responsibilities
The IT Director or person in an equivalent position from the City of Eustis is responsible for all technical aspects
of the project. This role manages the system administrator and has the responsibility for IT related decisions. This
person works together with the Edmunds & Associates technical system consultants. Many times this person is a
vendor, sub - contractor or from another municipality or government entity.
Responsibilities in the WICSJ Implementation Project
• Perform work in accordance with the Statement of Work
• Provide guidance for the system administrator
• Data conversion routines:
• Static data
• Transaction data
• Historical data
• Maintenance of IT systems:
• System maintenance
• System availability
• Identification and resolution of system problems
• Providing the required hardware and infrastructure to support:
• Training on MCSJ application
• Prototyping
• Pilot testing
• Full scale testing
City of Eustis System Administrator — Role and Responsibilities
The system administrator from City of Eustis is responsible for all technical aspects on an operational level, and
receives guidance and support from the Edmunds & Associates technical system consultants.
Responsibilities in the MCSJ Implementation Project
• Installation of hardware (PCs, printers, other peripheral and communications devices)
• Installation of PC software (Microsoft Office products, Internet Explorer, etc.)
• Internet connectivity (VPN, e-mail connectivity, networks)
• Operating routines (compiling an "operational handbook ", backup and restore, night jobs)
• Database construction during the project
• System menu and security:
• Control over system menus
• Control over system access through user IDs
City of Eustis Process Owner — Role and Responsibilities
The Process Owner is assigned to the project by City of Eustis management. The main responsibility of the
Process Owner is to implement the business solution within the MCSJ process area.
Responsibilities in the MCSJ Implementation Project
• Perform work in accordance with the Statement of Work to the required level of quality
• Allocate sufficient time to carry out the project objectives of the business processes
• "Own" the MCSJ processes by providing the necessary skill level and resources
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• Provide management, leadership, and focus within the MCSJ process; resolve any process conflicts
• Effective issue management
• Effective risk management
• Confirm that the Edmunds & Associates MCSJ prototype solution meets the requirements of the City
• Prepare test documentation with key users
• Ensure sufficient testing
• Ensure that sufficient training is conducted for key users and end users
• Document any required changes in policy or procedure for the assigned process
• Document required User Instructions
• Ensure the required system reporting (printed and on- screen)
• Ensure the correct menu and security structure
City of Eustis Training Manager — Role and Responsibilities
The City of Eustis training manager is assigned to the project by City of Eustis management and works under the
direction of the project manager. Operationally, the Edmunds & Associates Director of Support Services and City
of Eustis training manager have overall responsibility for all training - related activities. The City of Eustis Training
Manager provides leadership and direction for all training within the project.
Responsibilities in the MCSJ Implementation Project
• Ensure that all project training and training objectives support the organization's strategy and mission
• Act as a training mentor during the change process
• Define quality assurance for the training and ensure that the training demonstrates the set quality standards
• Work with the Edmunds & Associates Project Lead in defining project training objectives
• Work with Edmunds & Associates Project Lead in planning and monitoring all phases of the training project
• Support City of Eustis Key Users in all educational issues
• Plan, organize and execute educational strategy with the Edmunds & Associates Project Lead
• Communicate with City of Eustis project members and the rest of the organization on training activities and
progress
City of Eustis Key User — Role and Responsibilities
Key users are assigned to the project by City of Eustis management. Key users have a level of knowledge and
experience that enables them to support the process owner during the implementation. Key users contribute to
the design and configuration of the operating solution since they have good working knowledge of the detailed
day -to -day operational requirements.
Responsibilities in the MCSJ Implementation Project
• Promote the use of Edmunds & Associates MCSJ throughout the City of Eustis organization
• Assist the process owner as needed by providing detailed information on:
• Business process requirements
• Business structure requirements
• Assist the process owner in documenting any required process descriptions
• Assist the process owner in identifying any areas of required functionality not covered by MCSJ
• Assist the process owner in testing the configuration of MCSJ by:
• Documenting test specification
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Conducting system testing
Assist the process owner in the completion of the User Instructions specific to your internal controls and
procedures
City of Eustis End User — Role and Responsibilities
An end user is someone who uses MCSJ as part of his or her daily work routine. The City of Eustis Training
Manager, process owner, and key users make sure that end users are trained in the specific functions required in
Edmunds & Associates MCSJ.
Responsibilities in an MCSJ Implementation Project
• Acquire competence in the use of MCSJ to accomplish daily work routines
• Bring any problems identified during the project to the attention of key users / process owner
Edmunds & Associates Director of Support Services — Role and Responsibilities
The Director of Support Services is Edmunds & Associates representative who assists the project sponsor.
Responsibilities in an MCSJ Implementation Project
• Assign the resources required to complete the project obligations
• Support the City of Eustis project sponsor
• Define clear communication paths between City of Eustis and Edmunds & Associates
• Help manage any interpersonal conflicts between Edmunds & Associates and the City of Eustis
• Meet with the PM to review the status of the project risks and confirm decisions that need to be made
• Review minutes, progress reports, audit reports and controlling documents
• Assist the PM in closing the phase and closing the project
• Manage the transition from a project development environment to Edmunds & Associates Support
• Work with the City of Eustis PM in planning the phases of the project:
• Schedule the work
• Allocate resources
• Monitor risks
• Deliverables
• Acceptance criteria
Edmunds & Associates Project Manager — Role and Responsibilities
The Edmunds & Associates Project Manager is assigned to the project by the Director of Support Services to help
manage, train and control the implementation.
Responsibilities in an MCSJ Implementation Project
• Support the Edmunds & Associates implementation project team members
• Communicate to the project members what is to be done
• Work with the City of Eustis PM in monitoring and controlling what is done in the project:
• Issue control (establish and control the issue management routine)
• Change control (manage exceptions to the project scope according to the disciplines described in the project
definition)
• Advise and assist City of Eustis project manager
• Create and update the project controlling documents
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Edmunds & Associates Software Applications Specialist — Role and Responsibilities
The Software Applications Specialist is assigned to the project by the Director of Support Services and works
under the direction of our Project Manager.
Responsibilities in the IVICSJ Implementation Project
The Specialist must:
• Plan for the required work:
• For each phase / activity, prepare a plan on how the work will be conducted
• For the specialist's area of responsibility, issue a schedule to the Process Owner (PO) for each phase with
expectations of time to be allocated to education, training and tasks to be completed before the next session
• Confirm for the project manager that the work has been planned
• Help ensure that the PO has prepared a feasible plan / schedule for PO work
• Conduct the work required:
■ Perform the work in accordance with this Statement of Work
■ Help ensure that Edmunds & Associates tools are used throughout the project
• Help ensure that the work required under this Statement of Work has been conducted and reported to the
project management
• Take part in project procedures that support exception management:
• Help ensure that no change request is raised within their area of project responsibility unless possible
options have been reviewed
■ Inform the project manager of all probable /actual change requests
■ Help ensure that no work is undertaken outside the scope of this SOW unless supported by an authorized
change request
■ Help manage and control all issues within their area of responsibility and bring all issues that cannot be
resolved within the area to the attention of the project manager
• Help ensure that work performed contributes to the project objectives and Deliverables:
■ Help ensure that interfaces with other processes / subprojects are clearly defined
• Report progress to the project manager in accordance with the defined project procedures including:
■ Completion of deliverables
■ Updating the project status reports
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Edmunds & Associates Network Engineer Consultant — Role and Responsibilities
The network engineer consultant is assigned to the project by Edmunds & Associates Director of IT Services and
works with our Director of Support Services.
Responsibilities in an MCSJ Implementation Project
• Help ensure that Edmunds & Associates products are properly installed
• Help establish a technical environment together with the City of Eustis system administrator
• Establish implementation database instances
• Conduct technical training
• Provide technical assistance for the project
Edmunds & Associates Conversion Specialist — Role and Responsibilities
The Conversion Specialist is assigned by our Vice President of Development and works under the direction of the
Director of Support Services. The Conversion Specialist supports development of data conversions.
Responsibilities in the MCSJ Implementation Project
The Conversion Specialist must:
• Only undertake work authorized by the Director of Support Services
• If modifications are included in the scope of the project, help ensure that the specification for the proposed
modification is complete and well documented, and that it follows Edmunds & Associates standard
programming practices
• Confirm that the specification of modification is feasible
• Help develop the modification to meet requirements specified in this SOW
• Keep the Software Application Specialist, and Director of Support Services informed about the status of each
assignment
• Report expected or actual deviations from the project schedule and /or budget, as well as other problems to
the Director of Support Services and Software Application Specialist
Edmunds & Associates Project Quality Consultant — Role and Responsibilities
The Project Quality Consultant is assigned to the project by our Director of Support Services.
Responsibilities in the MCSJ Implementation Project
• Together with the assigned staff from the City of Eustis, perform quality audits on project deliverables
• Verify that the project Deliverables are completed
• Issue Audit Reports to the steering committee, including findings and prioritized recommendations
• Present constructive comments and recommendations with objectivity
Actively monitor the project
Manage the software modifications process
Describe modification functionality and manage the specification
Supervise / follow up on development of modifications
Test developed modifications before they are delivered to City of Eustis
Liaison with Conversion Specialist and Software Applications Specialist
43
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EXHIBIT C: Project Plan & Gantt Chart
% of
Task Name
Traildnf
Do"
Rnponsible
Tarr Duration
(EILA / (Days)
Start
Finish
Eustis)
Installation & Management
19
04/15/13
05/03/13
Install MCSJ Software Solutions
E &A Technical Services
90/10
2
04/15/13
04/16/13
Pre - Implementation Meeting
E &A and Eustis Project Teams
50/50
1
04/18/13
04/18/13
Retrieve data for conversions
E &A Project Lead & Eustis Staff
60/40
5
04/22/13
04/26/13
Develop & deliver Project Schedule
E &A Project Lead
90/10
15
04/19/13
05/03/13
MCSJ Finance & eRequistions
7.5
149
05/03/13
10/01/13
Set up & Consult
E &A Project Lead
80/20
15
05/03/13
05/17/13
Install / test / validate converted data
E &A Project Lead
30/70
5
05/20/13
05/24/13
Training (GL / AP / Budgeting / Etc..)
E &A and Eustis
50/50
65
05/28/13
08/02/13
Go Live
E &A and Eustis
1
10/01/13
10/01/13
MCSJ Payroll / Human Resources
5
132
05/20/13
10/01/13
Set up & Consult
E &A and Eustis Project Teams
80/20
12
05/20/13
05/31/13
Install / test / validate converted data
E &A Project Lead
30/70
12
06/03/13
06/14/13
Training
E &A and Eustis
50/50
74
06/17/13
08/30/13
Mock Payroll processing
E &A and Eustis
50/50
26
09/02/13
09/27/13
First Live Payroll
E &A and Eustis
1
10/01/13
10/01/13
MCSJ Business Licensing & Accounts Receivable
1.5
112
06/10/13
10/01/13
Set up & Consult
E &A and Eustis Project Teams
80/20
12
06/10/13
06/21/13
Install / test / validate converted data
E &A Project Lead
30/70
5
06/24/13
06/28/13
Training
E &A and Eustis
50/50
53
07/08/13
08/30/13
Go Live
E &A and Eustis
1
10/01/13
10/01/13
MCSJ Utility Billing & Collections
5
160
04/22/13
10/01/13
Set up & Consult
E &A and Eustis Project Teams
80/20
12
04/22/13
05/03/13
Install / test / validate converted data
E&4 Project Lead & Eustis Staff
30/70
17
05/28/13
06/14/13
Training
E &A and Eustis
50/50
80
06/17/13
09/06/13
Test billing processing
E &A and Eustis
40/60
22
09/09/13
09/30/13
First bill run
E &A and Eustis
1
10/01/13
10/01/13
MCSJ Employee Self Service
1
23
09/09/13
10/01/13
Set up & Consult
E &A Project Lead
80/20
3
09/09/13
09/11/13
Training
E &A and Eustis
50/50
17
09/11/13
09/27/13
Go Live
Eustis
1
10/01/13
10/01/13
MCSJ Data Vault
0.5
5
07/08/13
07/12/13
Set up & Configure
E &A Technical Services
80/20
5
07/08/13
07/12/13
MCSJ Permitting & Code Enforcement
5
84
07/08/13
10/01/13
Set up & Consult
E &A Project Lead
80/20
12
07/08/13
07/19/13
Install / test / validate converted data
E &A Project Lead & Eustis Staff
30/70
5
07/22/13
07/26/13
Training
E &A and Eustis
50/50
45
07/29/13
09/13/13
Go Live
E &A and Eustis
1
10/01/13
10/01/13
MCSJ Work Orders & MCSJ Inventory Control
2
98
06/24/13
10/01/13
Set up & Consult
E &A Project Lead
80/20
5
06/24/13
06/28/13
Install / test / validate converted data
E &A and Eustis Project Teams
30/70
12
07/01/13
07/12/13
Training
E &A and Eustis
50/50
26
08/05/13
08/30/13
44
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Go Live
E &A and Eustis
1
10/01/13
10/01/13
MCSJ Resident Self Service
1.5
19
03/03/14
03/21/14
Install & Configure
E &A Project Lead
80/20
5
03/03/14
03/07/14
Training
E &A and Eustis
50/50
12
03/10/14
03/21/14
MCSJ Permitting Self Service
1.5
19
03/03/14
03/21/14
Install & Configure
E &A Project Lead
80/20
5
03/03/14
03/07/14
Training
E &A and Eustis
50/50
12
03/10/14
03/21/14
Estimated Project Schedule
Project Start Date: 04/15/13
Project Live Date: 10/01/13
ARK MAY JULIE JULY AUGUST SEPTEMBER
Tait Srw NI 1
i S Zf 4 S if 7 f s 10 it iZ i! 14 iS ii 17 IS >! llif 21 i1 23 14
Installation & Management 04 /15/13 05/03/13 -
MCSJ Finance & eRequisitior 05/03/13 10/01/13
MCSJ Payroll & Human Resou 05/20/13 10/01/13
MCSJ Business Licensing &A 06/10/13 10/01/13
MCSJ Utility Billing & Collecti 04 /22/13 10/01/13
MCSJ Employee Self Service 09/09/13 10/01/13
MCSJ Data Vault 07/08/13 07/12/13
MCSJ Permitting & Code Viola 07/08/13 10/01/13
MCSJ Work Orders & Inventor 06/24/13 10/01/13
45
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EXHIBIT D: VENDOR'S SOFTWARE LICENSE AGREEMENT
Edmunds & Associates hereby grants to the City of Eustis a perpetual, personal, nonexclusive, and
nontransferable license and right, to use any software accessed or obtained by Client hereunder solely in
accordance with the applicable Request for Proposal and for no other purposes.
Client shall not, and shall not permit End Users to (a) distribute, sell, assign, transfer, or sublicense the
software, or any part thereof, to any Third Party; adapt, modify, translate, reverse engineer, de- compile,
disassemble, or create derivative works based on the software or an }, part thereof; (c) copy the software,
in whole or in part, without including appropriate copyright notices; (d) except for providing electronic
banking services to Client's customers, use the software in any manner to provide service bureau, time
sharing, or other computer services to Third Parties; (e) export the software outside the United States,
either directly or indirectly.
.e
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EXHIBIT E: VENDOR'S SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT
To receive continued Application Software Support and MCSJ/MCS32 /SBx/UAx System upgrades from
Edmunds & Associates, Inc. (E &A), you must enter into this agreement. The terms of this agreement are
listed below:
I. Any defects in the E &A Application Software as determined by E &A will be corrected at no cost to
the user provided the said defect is not the result of misuse, operator error, or is beyond the original
requirements of the system specifications.
2. E &A is responsible for providing software support under this agreement only for its proprietary
application software. This includes all MCSJ/MCS32 /SBx/UAx licensed products. Support for third
party products, i.e.; Microsoft Office, UCAARS, etc. are not covered under this agreement and all
phone or on -site support is a billable service. Our hourly rate is $150 to $ 250 with at least one -half
hour billable at the minimum rate.
3. E &A end user documentation is available via our website at www.edmundsassoc.com
4. Standard telephone support will be available from 8:00am to 5:00 pm EST, Monday through Friday
excluding holidays.
5. Each user of E &A proprietary software is required to have a high -speed connection. E &A will
provide support, enhancements and instruction for our application software via the Internet. Lack of
compliance that requires an on site visit from either our support or hardware staff is billable at the
rate of $150 per hour for each support person or technician.
6. E &A's liability on any claim shall not exceed the original cost of the E &A proprietary software
system. In no event shall E &A be held liable for consequential, incidental, special or exemplary
damages, for loss, damage or expense directly or indirectly arising from the client's inability to use
our products.
7. The effective date of this agreement is the same as the Master Agreement.
EXHIBIT F: Acceptance Criteria
47
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For purposes of the Contract, the term "Acceptance" shall be defined as follows with respect to each of
the categories listed. In each and every case, the acceptance document must have the signature of the
CITY's authorized agent or his designee (CITY's Project Manager):
Performance tasks and acceptance tests for each software application module will include:
As agreed upon during the Project, the Project Managers for both VENDOR and CITY will log
anomalies during the training and acceptance period -- Report on error messages, reporting
failures, failures of functions such as menus, variance from VENDOR'S Proposal, interfaces, data
conversions, link from application to spreadsheet, universal customer and so on. CITY will log
anomalies during the training and acceptance period to include but not limited to error messages,
reporting failures, failures of hardware functions. VENDOR will setup and maintain a
training /testing application database.
Software Acceptance will be conferred on the basis of individual applications and when mutually agreed
to, on a partial application basis. Accounts payable, accounts recei�lable, are examples of what constitutes
individual applications. The acceptance of the functionality of the software will be conferred in
accordance with its ability to complete successfully the requirements set forth in the VENDOR's
Proposal, acceptance test, the brochures, and the documentation.
Application software modules as specified in the Final Exhibits hereto will be installed on the
computer hardware per the schedule contained therein. These application software modules
will be scheduled for training in a timetable mutually acceptable to both parties, and accepted
by CITY when CITY employees are trained in that application and the application performs in
conformance with this Contract. The CITY will notify VENDOR in writing upon acceptance of
each application module.
Application Software Acceptance
Application Software will be installed by VENDOR on the computer hardware in accordance with the
timetable set forth in Exhibit B.
CITY personnel will be trained by VENDOR in the use of the Application Software.
VENDOR shall provide CITY written certification upon completion of the training.
CITY agrees to accept the application software with respect to each application installed,
of which there shall be a performance period not to exceed thirty (30) working days.
The performance period shall commence on the first workday after receipt by CITY that
training on the appropriate application software is complete. It is hereby understood that
the "performance period" begins after training, implementation consulting, modification
development, conversion and documentation is completed, by individual application.
During the Performance Period, as herein defined., CITY shall operate the application
software in accordance with CITY's normal (or new, based on SOW findings) operating
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practices. CITY shall determine during this period if the application software performs
in accordance with all specifications set forth in the VENDOR's Proposal, all
representations contained in VENDOR's Proposal, the brochures, and the documentation
as well as all representations set forth in VENDOR's planning documents. In the event
that the application software fails to operate in accordance with the above - stated criteria,
VENDOR shall, at the option of CITY and without election of remedies modify or adjust
the application software to meet said specifications at VENDOR's expense. The term
"Performance Period" means a period of 90 calendar days after all training on the
installed software is completed.
After any adjustment or modification, a second performance period shall commence
upon written notice of completion of said adjustment or modification. If the application
software still fails to meet the criteria within thirty (30) working days of the
commencement of the second performance period., in addition to any remedy contained
herein, CITY shall have the right to cancel the Contract.
If CITY chooses to cancel the purchase of any application pursuant to this Section,
CITY shall receive from VENDOR a refund of all sums previously paid by CITY to
VENDOR for license fees applicable to such application and any fees for services paid
to VENDOR but not yet rendered by VENDOR. VENDOR shall make such refund
thirty (30) days after notice by CITY to VENDOR of such cancellation.
Immediately upon successful completion of the performance period, CITY shall notify
VENDOR in writing, that the application software has been accepted.
Training Acceptance
Training acceptance for the hours of training provided by VENDOR must be confirmed by CITY
in writing on forms provided by VENDOR. Such training is to be authorized by the CITY's
authorized agent or his designee (CITY Project Manager), and conducted by VENDOR.
Final Project Acceptance and Acceptance Remedies
VENDOR shall successfully demonstrate the integrated functionality of the components of the
Project outlined in this sub- sectign of the Agreement. Said demonstration will last for a .period
of sixty (60) consecutive calendar days after all software applications specified in the Final
Exhibits hereto are accepted by CITY and the specified application software shall function per
their individual specifications and in a totally integrated manner continuously during said sixty
day period. When these components are successfully tested, CITY will proceed to make
payment as agreed upon in the Contract. In the event that CITY does not approve in writing the
System's integrated test within sixty (60) calendar days of its initiation or at some later date, the
CITY shall have the same remedies as outlined in Disputes Section, or the CITY, at its sole
discretion, shall elect to allow VENDOR to continue with the system's integrated test until
accepted.
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EXHIBIT G: Change Order Request Form
.MCSJ Change fleq.ue5,t Fam
Client: Date: Ii
ReqUe5tef't Name: Requester's Phone:
Requen,Ier's E-mail:
Reques'ed Change.
Reason for Change.
Alternate Actium.
m CSj Module(y) A-ffected. — h nance Real Property I ax
-Purchase Requi,_iitirtns U"flKy Billing & Collections
Sminess Licensing ;' AR VV. UT. P
Developers Escrow Curstomer Work- Orders
Payroll lrrrenzarV Control
Human Resources Pei-trithng&Code Enforcement
Employee elf Service Animal Licen-ring
Priority 7a Implement- I Vffy High r ;L, Higi, r, 5 Average c'_ 4 Low " 5'/ery Low
Reviewed By
Date.
Development. Da te.
Forwarded for Decision:
Proposal Forwarded to Client:
T Ime Estimate:
Developer:
50
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EXHIBIT H: Vendor's Proposal
Client:
Date Signature
Edmunds & Associates, ..
V�- J.5' 1-3
Date Signature
51
EDMUNDS
&ASSOCIATES
February 10, 2014
Honorable Mayor Edelcup and Commissioners
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Dear Mayor Edelcup and Commissioners,
Edmunds & Associates, Inc. is looking forward to adding the City of Sunny Isles Beach
to our family of clients. E &A has been in business for over 40 years and is currently providing
solutions for almost 700 governmental clients on the East Coast with annual budgets up to $ 1
billion. Please visit our website �� �_� ���_�_dnI cord if you would to review more information
about E &A and our clients.
For this award under Florida Statutes 189.4221 piggyback procurement, all terms and
conditions are the same as the City of Eustis, FL RFP 006 -12 awarded on April 19, 2013.
Edmunds & Associates is offering up to the remaining unexpired term of the City of Eustis
award thru April 19, 2023.
All references to the "City of Eustis, FL" in the contract to be awarded are to be replaced
with "City of Sunny Isles Beach, FL ". Any and all references to �!enues, laws, delivery,
notifications and such shall be changed to the City of Sunny Isles Beach or as applicable, Miami -
Dade County, FL.
All of the Edmunds & Associates' MCSJ application software is covered by a one -year
warranty that includes any upgrades or modifications made to the application software during
this time period. The City of Sunny Isles Beach MCSJ application software license is in
perpetuity.
For Annual Maintenance Support, which includes software enhancements and any
state /federal changes, the approximate pro -rata amount for the period January 1, 2015 thru
December 31, 2015 will be $ 8,000 to $ 10,000 depending on individual module installation date
and implementation. The initial five -year term for Maintenance Support would not exceed
$ 15,074.00 annually. Thereafter the one -year renewal cost would not increase by more than
3.5% annually.
If Sunny Isles approves the purchase in February we would like to install and start the
implementation no later than mid March. Your software maintenance for calendar year 2015
would be invoiced in October and due January 1, 2015. Annual Maintenance Support will be
based on Level I modules in perpetuity.
le, l ihun Roijd
\(ohlield. ;tiI
t' 1_601) 0 4�
EXHIBIT 661 99
EDMUNDS
&ASSOCIATES
The MCSJ Application Software proposal dated October 28, 2013 is attached. The City
currently utilizes MS SQL so the reduction of cost for Pervasive SQL is reflected in the payment
table below.
Please don't hesitate to contact me with any questions. We're looking forward to adding
the City of Sunny Isles Beach to our user community.
Sincerely,
R i,G�& EV d y
Richard Evoy
Vice President
1A 1 ilhm Road
N(rthfield. NJ Os )5
P 1.609 64- 1 ;
iche Ca edmund,a",)c ; nm
ck c v edmundsa,x,c c om
Payment I
Installation of application software
509,
$ 52,340.00
Payment II
60 days after implementation start
40;7
$ 41,872.00
Payment III
Final acceptance
10%
$ 10,468.00
$ 104,680.00
Please don't hesitate to contact me with any questions. We're looking forward to adding
the City of Sunny Isles Beach to our user community.
Sincerely,
R i,G�& EV d y
Richard Evoy
Vice President
1A 1 ilhm Road
N(rthfield. NJ Os )5
P 1.609 64- 1 ;
iche Ca edmund,a",)c ; nm
ck c v edmundsa,x,c c om
EDMUNDS
&ASSOCIATES
Simple. SOlUtions.
Cost Propt` sa)
fit
Sunny Isles Beach, FL
October 28th, 2413
Michael Lesher, Southern Regional Manager
301A Tilton Road
Northfield, NJ 08225
904 - 808 -8793
mikeL @edmundsassoc.com
www.EdmundsAssoc.com
Sunny Isles Beach, FL
Annual Maintenance
Cost Summary Cost Fees*
MCSJ Software Applications
License Fees $95,500.00 $19,148.00
Training (included with License Fees) $0.00
Services & Other Applications $11,156.80
Conversion Services $30,000.00
Less: Courtesy Discount (20 %): ($27,500.00)
$109,156.80 $19,148.00
* Maintenance fees start in Year 2. Fees shown are for Year 2.
Page 2 of 6
Sunny Isles Beach, FL
Application
MCSJ Finance Super Suite II
MCSJ Electronic Requisitions II
MCSJ Payroll II
MCSJ Human Resources II
MCSJ Employee Self Service Portal II
MCSJ Accounts Receivable & Business Licensing II
Total:
Page 3 of 6
$95,500,00 154
Training
Training
License Fee
Hours
Cost
$25,000.00
40
Included
$8,000.00
20
Included
$18,500.00
40
Included
$18,500.00
30
Included
$15,000.00
12
Included
$10,500.00
12
Included
Total:
Page 3 of 6
$95,500,00 154
Sunny Isles Beach, FL
Annulal Ma?ntfna ce �-ee
Application
MCSJ Finance Super Suite II
MCSJ Electronic Requisitions II
MCSJ Payroll II
MCSJ Human Resources II
MCSJ Employee Self Service Portal II
MCSJ Accounts Receivable & Business Licensing II
Year One
Year Two
Included
$5,513.00
Included
$1,680.00
Included
$4,080.00
Included
$3,885.00
Included
$2,205.00
Included
$1,785.00
Total: Included $29,248.00
* Annual maintenance fees include all federally and state mandated changes, annual
application enhancements and upgrades, unlimited phone, email, and web based support.
Page 4 of 6
Sunny Isles Beach, FL
Otner Serf cE
Service /Other Application
Installation II
SQL Database Options (Only one SQL Database is needed)
Pervasive SQL - 50 Concurrent user license
MS SQL
Project Management II
Estimated Corversion Cosh
Estimated Conversion Services
Chart of Accounts
Vendor Master File
Fixed Assets
Transaction History (Two Years Summary)
Open Pos / Vouchers
Payroll Conversions
Employee Master File
Employee Pay History (two years)
Human Resource Conversions
Employee Master File
Cost
$1,680.00
$4,476.80
N/A
$5,000.00
Total: $11,156.80
Cost
$2,500.00
$1,500.00
$1,500.00
$4,000.00
$3,000.00
$5,000.00
$7,500.00
$5,000.00
Total: $30,000.00
Note: The conversion cost are estimated. Edmunds will need to review a sample of your existing
data to confirm this estimate. A detailed SOW will be defined as part of the contract.
Page 5 of 6
Sunny Isles Beach, FL
Opt.iorai AppOcations, 5ervlces & E-qL opment
Optional Application, Service & Equipment
Equipment:
Epson Receipt/ Validator
Symbol Bar Code Scanner
*Costs are not included on the Cost Summary (Page 2)
Additional Information:
Annual
Cost Maintenance Cost
$760.00
N/A
$480.00
N/A
Total: $1,240.00
$0.00
Support fees include unlimited support, toll free hotline, end user documentation, application upgrades &
enhancements, user group membership, and all state and federally mandated changes.
Purchase Terms & Conditions:
1. All software applications are warranted for one year from the date of installation.
2. A purchase order must be sent prior to initiating a work order for installation to be scheduled.
Please forward all purchase orders to:
Jessica Fisch
Edmunds & Associates, Inc.
301A Tilton Road, Northfield, NJ 08225
Phone: 609.645.7333 1 Fax: 609.645.3111
JessicaF@EdmundsAssoc.com
www EdmundsAssoc �orr
Page 6 of 6
S 99 ��0• 4,P
6 *FL O
C
y
Or SUN P
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
305.947.0606 City Hall
305.949.3113 Fax
MEMORANDUM
Norman S. Edelcup, Mayor
Isaac Aelion, Vice Mayor
Jeanette Gatto, Commissioner
Jennifer Levin, Commissioner
George "Bud" Scholl, Commissioner
Christopher J. Russo, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, MMC, City Clerk
TO: Christopher J. Russo, City Manager
FROM: Audra K. Curts - Whann, Finance Director
Derrick Arias, Chief Information Officer
Yael Londono, HR Manage
DATE: January 15, 2014
RE: Recommendation — New Financial Software Vendor Selection
Background:
The City's current financial software package, New World Systems (NWS), exists on an outdated AS400
platform & its hardware /server has reached the end of its useful life. The NWS software must be replaced
- the technology is antiquated, the reporting capabilities are severely limited, and staff efficiency is not
being maximized due to the manual processes required due to lack of modernization. The former finance
director began to evaluate upgrade options in 2011; however, she never completed the process and it
appears no other vendors were evaluated at that time.
Process:
Due to the specialized nature of governmental accounting, there are limited vendors whose software is
designed for the accounting and reporting needs of municipalities and other governmental units. The
primary vendors identified whose products typically service governmental units were as follows (please
note there could be other vendors in existence which were not evaluated - we reviewed surveys by the
Florida Government Finance Officers Association and limited our scope to vendors with a presence and
experience in the municipalities located in Florida):
PeopleSoft/Oracle* Springbrook Cougar Mountain ** Eden **
SAP* Edmunds Innoprise ** BS&A **
Cloud SAP ADG Harris ** WorkDay **
Sungard /HTE New World Systems Tyler /MUNIS **
After the primary vendors were identified, those marked with an asterisk ( *) were eliminated strictly due to
cost versus the small size of the City of Sunny Isles Beach. Large ERP's such as PeopleSoft and SAP
are designed for large scale entities and would be cost prohibitive. Those vendors marked with a double
asterisk (—) were eliminated due to negative review by current users, the fact that their products were
either no longer supported or hadn't been upgraded to current technology, or lack of features deemed
important to City finance personnel.
Process (continued):
Six vendors were invited to present demonstrations of their software to Finance and IT personnel onsite.
Those vendors were Cloud SAP, Sungard /HTE, New World Systems, Springbrook, Edmunds, and ADG.
Cloud SAP was a hosted version of SAP designed to serve smaller customers, but early in the vendor
presentation it was very clear the version was not designed for governmental use at all. The remaining
five vendors and their presentations were evaluated on a series of features and basic functionality which
had been documented by Finance personnel as minimum requirements. After the initial presentations,
the original six vendors were narrowed to three — New World Systems, Springbrook and Edmunds (in no
particular order). Multiple references were obtained for each of the three vendors, and contacted to
obtain customer feedback.
Based on the results of those reference checks, and significant discussion between Finance and IT staff,
the vendor listing was narrowed to two — the top two software vendors selected were Springbrook and
Edmunds. Both vendors were asked to return to the City for onsite demonstrations focusing on areas
needing additional coverage for analysis purposes — primarily, those areas were procurement, human
resources, payroll, and various unanswered technology questions (hardware /software /integration with
existing systems /paperless document storage). Human Resources staff joined Finance and IT in those
sessions to evaluate the ability of the vendors to meet their needs, as many functionalities require
coordination and integration between departments.
After completion of the second round of presentations, Finance, IT and Human Resource staff met to
review the information provided and make a final selection. Considered were the existing features,
functionality, technology, ease of use, integration capabilities, customer support and frequency of
upgrades and enhancements, nature of current customer base, reference checks, and proposed pricing.
Recommendation
Based upon all of the factors considered, management and involved staff from the three departments
(Finance, IT, and Human Resources) are unanimously recommending that we select Edmunds software
and begin negotiating a contract with Edmunds & Associates immediately. There are existing Edmunds
software implementations which have occurred within an appropriate time frame to allow the City to
potentially piggyback on other cities' contracts, and those shall be appropriately cross - referenced.
Budget:
In the fiscal year 2012 -2013 budget, $650,122 was allocated for the citywide ERP solution. Of this
amount, $510,372 was designated for the Finance, Payroll, and HR components. Due to various factors
the project was delayed and none of the funding for these areas was spent in the 2012 -2013 fiscal year.
The budgetary proposal from the selected vendor, Edmunds, is $109,157, which is approximately
$400,000 under the previously allocated budget for the project. For contingency purposes, and allowance
for additional costs from other vendors in order to implement proper integration of existing systems into
the new system, archiving of old data, and other potential costs, we propose requesting authorization for
$210,000 in funding for the project. This would complete the finance and HR/PR implementation
between $300,000 - $400,000 under the original 2012 -2013 budget. A budget amendment is currently
in progress which encompasses the final audited 2012 -2013 fund balances, project carryovers, various
transfers and additional budgetary needs. The reappropriation of a portion of the 2012 -2013 unspent
budget for this project is planned to be included in the ordinance being prepared for the commission for
the February 20, 2014 commission meeting.
Proposed Timeline:
Our proposed timeline shall be as follows:
January 16, 2014 Recommendation to City Manager
January 17, 2014 Notification to Vendor of Selection, commence negotiations
January 20 -31, 2014 Finalize contract with Vendor and complete Legal review
February 3 -7, 2014 Prepare Resolution for Commission approval and place Resolution and
Vendor contract on Agenda for February Commission meeting
February 20, 2014 Commission approval
March 3, 2014 Begin Implementation Planning with Vendor
March 3— September 30, 2014 Configuration, Conversion and Preparation for Go -Live
October 1, 2014 GO -LIVE on new software
We respectfully request this recommendation be accepted at this time.
Acceptance of Recommendation by City Manager:
Christopher J.
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f r, 18070 Collins Avenue
U. �z Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Audra K. Curts - Whann, Finance Director
DATE: 2/20/2014
RE: Purchase of MCSJ Application Software and /or Hardware, and
applicable annual maintenance from Edmunds & Associates, Inc.
under F.S. 189.4221 for piggyback procurement pricing based
upon the City of Eustis, FL RFP 006 -12 awarded April 19, 2013.
RECOMMENDATION:
Recommend approval of Resolution /Agreement with Edmunds & Associates, Inc.
to purchase of MCSJ Application Software and /or Hardware, and applicable
annual maintenance from Edmunds & Associates, Inc. under F.S. 189.4221 for
piggyback procurement pricing based upon the City of Eustis, FL RFP 006 -12
awarded April 18, 2013.
REASONS:
See attached recommendation memorandum from review team to City Manager.
FUNDING SOURCE:
10- 513 -5643 - General Fund - Reappropriated Funding from 2012 -13 via
BA1314 -03
ATTACHMENTS:
• Recommendation to City Manager
• Resolution
• Agreement
Agenda Item No.I OF
Date 2/20/2014
95