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HomeMy WebLinkAboutReso 2006-918 RESOLUTION NO. 2006- M A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH JCA SOFTWARE, INC. FOR THE MIGRATION OF BUILDING DEPARTMENT DATA, IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND DOLLARS ($12,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sunny Isles Beach Building Department is desirous of using the PTWin32v2 computer software program, as it can integrate and track and report on planning, building, zoning, licensing, and code enforcement records; and WHEREAS, the City is in need of a contractor to migrate the eXlstmg Building Department data from the old system (New World) to the new system (PTWin32); and WHEREAS, staff solicited quotes from three (3) vendors for said services; and WHEREAS, JCA Software, Inc. ("JCA"), a firm with the experience and expe11ise and necessary to undertake this project, was deemed the lowest most responsive, responsible bidder; and WHEREAS, JCA has submitted a proposal for professional services, in an amount not to exceed Twelve Thousand Dollars ($12,000.00), attached hereto as Exhibit "A"; and WHEREAS, the Information Technology Department has reviewed the JCA proposal and deemed it to be fair, reasonable, and customary; and WHEREAS, the City wishes to enter into an agreement with JCA for the migration of Building Department data. 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 Agreement with JCA Software, Inc. for the migration of Building Depm1ment data from the old system (New World) to the new system (PTWin32), in an amount not to exceed Twelve Thousand Dollars ($12,000.00), attached hereto as Exhibit "A", be, and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. R2006- JeA Bldg Dept Data Migration To Ptwin32v2 AgrmtPage 1 of 2 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption PASSED AND ADOPTED this 18th day of May 2006. ATTEST: ~-A-~ Jan~ A. Hines, qty Clerk Moved by: ComY'i\\SS I/)}Offi (;oonm1\-tJ Seconded by: Corrwn\\S\ 01Jtt2 T(bL~I'~ Vote: 5-D Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler --t...6y es) /L'CY es) V(Y es) ~Yes) --1LJ.Y es) _(No) _(No) _(No) _(No) _(No) R2006, JeA Bldg Dept Data Migration To Ptwin32v2 AgrmtPage 2 of 2 CITY OF SUNNY ISLES BEACH JCA SOFTWARE, INC. DATA MIGRATION CONSULTANT AGREEMENT CONTRACT NO. 0506-43 THIS AGREEMENT ("Agreement") entered into this I ~~ of h1 t:lt 2006, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as "City"), a mUlllclpal corporation of the State of Florida located at 18070 Collins A venue, Sunny Isles Beach, Florida 33 160, and JCA SOFTWARE, me., a Florida corporation located at 5366-B Venetia COLlli, Boynton Beach, Florida 33437, (hereinafter referred to as "Contractor"). RECIT ALS WHEREAS, the City is in need of a contractor to migrate data from the current building depaliment permitting and licensing system (New World) to the new building department software (PTWin32); and WHEREAS, the City desires to contract with Contractor to provide the services described in Exhibit "A", attached hereto and made a pali hereof; and WHEREAS, Contractor is qualified, willing and able to provide the desired services subject to the terms and conditions contained herein. TERMS NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: 1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a paJi hereof. 2, SERVICES: Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner and to perform the Services designated in Exhibit "A" attached hereto, which is incorporated herein by reference. The Services described in Exhibit "A" 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 terms and conditions of this Agreement and shall repOli to the City accordingly, Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's propeliy, 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. In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the failure of performance by Contractor. C0506-43 JCA Software, Inc. Data Migration Consulting Agreement SIB City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33] 60 (305) 947-0606 phone (305) 949-3113 Fax 3, COMPENSATION: A. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement shall not exceed the schedule of charges reflected in Exhibit "A". All invoices for completed work are due to Contractor upon receipt and become overdue 30 days from the date of invoice. The Contractor shall make no other charges to the City for supplies, labor, 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 invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. B. As described in Exhibit "A", the total cost for Phases 1 and 2 of this Agreement shall not exceed $12,000.00. 4, UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thilty (30) days written notice to contractor. Upon termination, the City may re-bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions, 5. 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 coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more paliicularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and propelty damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this Agreement, and at any time upon request, Contractor shall furnish to the City celiificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and celiificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management DepaJiment. All insurance policies and celiificates of insurance shall provide that the policies may not be canceled or altered without thilty (30) calendar days prior written notice to the City's Risk Management Department. 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. 6. OWNERSHIP OF DOCUMENTS: The parties agree that all documentation and work product produced pursuant to this Agreement shall become the exclusive propelty of the City. 7. RELATION TO PARTIES: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a palinership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 2 C0506-43 JCA Software, Inc, Data Migration Consulting Agreement SIB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3] 13 Fax 8. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessaty for the lawful conduct of the activities contemplated under this Agreement. Specifically, Contractors shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section 62-16 entitled "Ethics in Public Contracting." As provided in Section 62-16, Code of the City of Sunny Isles, the City Commission may terminate this Contract for violation of the above-referenced ethical standards, 9. WAIVER OF LIABILITYIINDEMNITY: The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injUlY, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnifY, defend and hold harmless the City, its depattments and divisions, its employees and agents from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) Contractor's negligent performance (or by any person acting for the Contractor or for whom Contractor is responsible). Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the propelty. 10, ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction, Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 11. TERM: The term of the Contract shall commence upon execution, and shall terminate upon the completion of the PTWin32v2 Customization project with an anticipated completion date of one to two years from the date of execution, The City shall have the right to cancel this Agreement, at any time during the term hereof, upon thilty (30) days notice to the Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is on the essence of this Agreement. The terms of Sections 8 and 9 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination of this Agreement. 12. 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 celtified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such patty as follows: 3 C0506-43 lCA Software, Inc, Data Migration Consulting Agreement S/8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the City: A. John Szerlag Hans Ottinot, Esq. City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Sunny Isles Beach, Florida 33160, Sunny Isles Beach, Florida 33160. Ph: 305-792-1701 Ph: 305-792-1712 Fax: 305-792-1561 Fax: 305-792-1562 I f to the Contractor: John W. Lark, CEO JCA Software, Inc, 5366-B Venetia Court Boynton Beach, Florida 33437 Ph: 561-736-4020 Fax: 561-736-6622 13, GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 14. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notity Contractor in writing of such failure to perform and Contractor shall have thilty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform, then City shall receive a refund from the Contractor in an amount equal to the actual cost of a third palty to cure such failure, The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for Services rendered as of the date of termination. 15. ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing patty, in such suit or action in both trial COlllt and appellate co lilt, together with reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. 16. 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 neveltheless be binding upon the palties 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. This Agreement shall constitute the entire agreement between the palties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto, 4 C0506-43 JCA Software, Inc. Data Migration Consulting Agreement SIB City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33] 60 (305) 947-0606 phone (305) 949-3] 13 Fax D. Any modification of this Agreement shall be effective only ifin writing and signed by the pm1ies to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless sLlch waiver is in writing and signed by the pat1y granting sLlch waiver, 17. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, this Agreement is effective as of the date first written above. WITNESS: C 0 Z c4A vttAA_V' JC~_ ~n . ark, CEO Print Name: E cst: L "::0 1-J~Ec~ $f1~ Print Name: b-:-p-O~OL- L. /tf-f f'rS ATTEST: CITY OF SUNNY ISLES BEACH <,....} , I ! S TO FORM AND ICIENCY '~.k~ , , Jane A. Hines"J CMC,:City Clerk , , , . J ....... . '-:- , ' --- '.. ..;,. 5 C0506-43 JCA Software, Inc, Data Migration Consulting Agreement SIB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 ] 3 Fax Exhibit A Scope of Services and Compensation SIB Data Migration Services Proposal Prepared for: Derrick Arias City of Sunny Isles Beach Prepared March 30, 2006 S\B Project Scope Migrate data from selected New World Systems iSeries database tables to Microsoft Access databases for further migration to Black Bear Systems WinPT databases. This migration should be performed for programming/ testing, training and go live. Provide to the Black Bear consultant the following information: · NWS Database Relationships · NWS Database Tables Record Format and Field Definitions · Access databases containing the data extracted from the iSeries databases. Design, develop, program and test a data flow application from WinPT to the iSeries New World Financials containing revenue charges created and revenue receipts. This application will avoid the redundancy of manual data entry tasks and eliminate errors normally associated with that activity. Project Phases and Tasks Phase 1. Data Migration from the iSeries to WinPT · Select files for data migration · Create Access databases · Define and document database relationships · Create iSeries Tables Record Format and Field Definition reports · Migrate data from the iSeries for: · Programming/Testing · Training · Go Live · Provide assistance when requested. Phase 2. Financial Transactions to New World Financials · Meet with Finance to determine the types and timing of transactions · Determine NWS transaction record format, data requirements and required G/L codes for transactions from Permitting Department. · Work with Black Bear Systems to define the interface requirements and transaction record format(s) S\B · Create data transfer program and mechanisms required to insert transaction records into the NWS daily transaction files. Files Selected for Data Migration Application File Permitting and Inspections: Contractor Licenses Contractor Registration Fee Type Fee Rate Master Fee Type Master Inspection Master Inspection Type Master Permit Master Permit Fee Master Permit Type Master Land: Name and Address Master Building Master Legal Description Parcel Master Property Owner Street Dictionary Occupational Licenses: Business Master Item Classification Master Business License Item Business License Master Exhibits The following exhibits are attached to this report as an example of the data to be provided during Phase 1: · Exhibit A, New World Systems Database Relationships · Exhibit B, New World Systems Database Table Record Format and Field Definitions SIB · Exhibit C, Contractors Master - Rep0l1 produced from an Access table listing data migrated from the iSeries Contractors Master. Costs The costs for Phase 1 are estimated to be $4800.00, including work performed to date. The costs for Phase 2 are estimated to be $7200.00. SIB City Commission Norman S. Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J Thaler Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk May 22, 2006 John W. Lark, CEO JCA Software, Inc. 5366-B Venetia Court Boynton Beach, Florida 33437 Re: Data Migration Consultant Agreement Dear Mr. Lark: At its regular meeting of May 18,2006, the City Commission adopted Resolution No. 2006-918, which approved a Data Migration Consultant Agreement with JCA Software, Inc. Enclosed are three (3) original agreements for signature and witnessing by JCA Software, Inc. Upon completion, please return the originals to my attention. I will then finalize processing of the agreements and return an original, executed agreement and a copy of the approving resolution to you. Thank you. ~ truly yours, ~Wa..QJ~'\-- Priscilla Walker Deputy City Clerk Enclosures cc: A. John Szerlag, City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Jorge L. Vera, Assistant City Manager (w/o attachments) Derrick Arias, Information Technology Director (w/o attachments) Shaun Gelvez, Contracts Administrator (w/o attachments) Office a/the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax leA Software - Migration Of Bldg Files Agrmt For Sig Ltr TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM The Honorable Mayor and City Commission A. John Szerlag, City Manager f\.\\.~ Derrick Arias, Information Technology Director ~" May 18, 2006 Agreement with JCA Software, Inc. for Migration of Data to PTWin32 RECOMMENDATION: It is recommended that the City Commission adopt the attached resolution approving an agreement with lCA Software, Inc. for Migration of Data to PTWin32 in the Building Department. REASONS: The City is in need of a vendor to provide consulting services with data migration for the Building Department PTWin32 software implementation. In order to effectively implement the new system, we need to migrate existing permitting, licensing, and folio information from the current software (New World Systems) to PTWin32. JCA Software has extensive experience with data migration on the iSeries platform, which the current New World Systems software is running on. They are also familiar with the City's systems as they have been providing services for the City since 2004. ADDITIONAL INFORMATION: Funding for this contract, in an amount not to exceed Twelve Thousand Dollars ($12,000.00), will be provided by the Building Department Technology Fee Fund. This is a one-time expenditure for this fiscal year. Agenda Item ~ 0 b Date t:)- IB ~ 0 fo 051806 leA Ptwin32 Data Migration Agenda Memo