HomeMy WebLinkAboutSierra Computer Systems Inc; 1987-06-08;AGREEMENT BETWEEN
Sierra Computer Systems, Inc., hereinafter referred to as SCSI, and City of
Carlsbad, California, hereinafter referred to as City.
Executed this day of , 1987.
RECITALS
SCSI provides this “SOFTWARE” and licenses its use.
Customer Name City of Carlsbad, California
Address 1200 Elm Avenue
City/State/Zip Carlsbad, California 92008-1989
Product Name PERMITS
SCSI Reference No. 870005P
Release No. 02
Fee $48,261.80
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TERNS AND COWDITIOWS OF AGREEMENT BETWEEN SCSI AND CITY
GENERAL CONDITIONS OF "PERNITS" LICENSE
Al .OO. HEADINGS. Headings are for convenience only and shall not be
deemed to be part of this Agreement.
A2 .OO. MODIFICATION. No modification or variation of this Aqreement shall
be valid unless in writing signed by both parties.
A3.00. SEVERABILITY. If any provision of this Agreement shall be construed to be illegal or invalid, the legality or validity of any other provision hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have the broadest scope permissible under the law of said jurisdiction, and if no validating construction is possible, shall be severable,
and all other provisions hereof shall remain in full force and effect.
A4.00. DELAYS.
.Ol. Neither party shall be liable, in damages or otherwise, for
any delay in the installation and implementation of the Licensed System or any
component thereof or any service to be rendered by it hereunder, or for failure to give notice of any delay, when such delay is due to the elements, acts of nature, acts of civil or military authorities, acts of other party which are not provided for in this Agreement and which cause unreasonable delay in this Agreement by the other party, any delay in transportation or delay in delivery by its vendors beyond it reasonable or actual control, or any other causes
beyond the reasonable and actual control of the party. Each party’s schedule of performances shall be extended by a period of time equal to the time lost
because of any such delay, provided written notice has been given to the other
party of such delay and its estimated duration, within five (5) days of the time
the party has actual knowledge of such delay.
02. Notwithstanding the foregoing, in every case, the delay or failure to perform must be beyond the control, and without the fault or negligence of, the party claiming excusable delay.
A5 .OO. PAYMENT.
.Ol. The sum of $24,130.90 shall be paid within 30 days upon delivery of the Licensed Software. Delivery shall be the date the Software is installed and documentation is delivered. The additional sum of $24,130.90 shall be paid 60 days after delivery and acceptance of the Licensed Software.
If, at the end of the training period, said software operates with no loss of operational capability due to software errors, for a period of
thirty (30) days from the commencement of the performance period, it shall be
deemed to have met the City’s acceptance.
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.02. City agrees to pay any tax for which it is responsible
hereunder, or which is assessed against City directly, exclusive however, of
taxes based on the income of SCSI. If any such tax is paid by SCSI, to
reimburse SCSI therefore upon receipt by City of proof of payment acceptable to
city.
.03. This License fee does not include installation services.
These services are specified in Exhibit ‘A’, Installation Services.
.04. This License fee does include three (3) days user training at
City site and two (2) days technical training at City site.
A6.00. PATENT AND COPYRIGHT INDEMNITY.
.Ol. SCSI agrees to defend, hold harmless and indemnify City from
and against any claim, action, liability, cost or damage for infringement of any
patent, copyright or similar property right (including, but not limited to,
misappropriation of trade secrets) based on any software or any other materials
furnished hereunder by SCSI. SCSI shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or
compromise, unless otherwise mutually agreed to in writing by the parties
hereto.
A7 .OO. IMPROVEMENT AND OTHER MODIFICATIONS. Any (i) modification, change,
addition or substitution to the Licensed System made by City, (ii) any interfacing of the Licensed System with any other program or programs by City,
or (iii) any change in the operating environment of the Licensed System may
degrade the performance of the Licensed System. City acknowledges that if any
such modification, interfacing or change is made it shall be at the sole request
and expense of City and that SCSI shall have no responsibility for any
consequences thereof, except as provided herein.
A8 .oo. RELATIONSHIP TO PARTIES.
.Ol . At all times during the term of this Agreement, SCSI shall be
an independent contractor and shall not be an officer, agent, or employee of City. City shall have the right to control SCSI only insofar as the result of SCSI services rendered pursuant to this Agreement.
.02. Nothing contained in this Agreement shall be deemed to create
a partnership or joint venture. Neither party shall incur any debts or make
commitments for the other party.
A9.00. SYSTEM SECURITY AND ACCESS.
.Ol. Each acknowledges that all information regardinq the
installation and implementation of a licensed system is “Confidential and Proprietary Information”. Each party agrees that it will not permit the duplication, use or disclosure of any such Confidential and Proprietary Information to any person (other than its own employee who must have such
information for the performance of obligations under this Agreement), unless authorized in writing by the other party or required by law.
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.02. All financial, statistical, personnel, technical and other
information or data relating to the City, which is designated in writing as
confidential by the City but made available to SCSI in order to carry out this
Agreement, will not be disclosed. SCSI shall also observe the same or
equivalent requirements as are applicable to the City with regard to protecting
confidentiality. SCSI will instruct its personnel to keep such information
confidential. SCSI shall not be required to keep confidential any data or
information which is or becomes publicly available, is already rightfully in
SCSI’s possession, is independently developed by SCSI outside the scope of this Agreement, or is rightfully obtained from third parties.
A1O.OO. CITY'S INSTRUCTION.
.Ol. SCSI shall be responsible for ensuring that its employees,
servants, and agents will, whenever on City’s premises, obey all reasonable
instructions and directions issued by City.
.02. Unless otherwise agreed by the parties, SCSI personnel, while working in City’s premises, shall observe the workina hours, working rules and holiday schedules of City applicable to such City premises. City agrees to provide reasonable working space, resources and materials which are necessary for the performance of services under this Agreement, provided, however, that
such working space, resources and/or materials are agreed upon by City for such services and the use of any such working space, resources and/or materials is arranged so as to minimize any disruption to City's normal business operations.
All .OO. COMPLIANCE WITH LAWS. SCSI agrees to comply with all laws, regulations, rules and guidelines of the Federal, State and Local jurisdictions
and any agency thereof governing SCSI and its operations, including the Immigration and Control Act of 1986.
A12.00. APPLICABLE LAW.
.Ol. This Agreement shall be governed and construed under the laws
of the State of California. Any action to enforce the provisions of this
Agreement shall be filed in a court located in the North County 3udicial District for the County of San Diego.
.02. There shall be no discrimination on the basis of race, sex, religion, or national origin against any person employed by SCSI for the performances of services herein described.
A13.00. SOFTWARE LICENSE.
.Ol . SCSI grants and City accepts upon the terms and conditions
contained herein, non-exclusive, non-transferable, perpetual license to
unlimited use of "Licensed System" solely for City's own purposes. The license granted under this Agreement authorizes City to use the Licensed System in machine readable form on one CPU (object code for MENU-GEN, source and object
code for PERMITS). The Licensed System shall include in its meaninq, documentation and technical information provided to City in written form for use in connection with the software.
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.02. SCSI warrants that it has good title to such system and that
City will have undisturbed use of the system in accordance with the terms of
this Agreement. SCSI shall keep and maintain in full force and effect during
the term of this agreement a policy of general liability insurance. The minimum
limits of liability insuarnce shall not be less than $1 million. A copy of the certificate of insurance will be sent to the City.
.03. City expressely agrees that it will not sell, lease, assign
or in any way transfer, such Licensed System or any rights herein to any person,
partnership, corporation or other entity.
.04. City shall not alter, remove or conceal, any copyright, trade secret or other proprietary notice on the Licensed System.
.05. Title and ownership to the Licensed System and Intellectual Property Rights is not hereby nor in any other way transferred to City. City acknowledges that SCSI retains the exclusive right to sell, lease, license, assign, or otherwise transfer the Licensed System (and any module thereof) and
that SCSI may enter into similar or indentical conveyances of similar or
identical rights with other SCSI clients.
.06. City may not cause or permit disclosure of, or access to, the License Software in whole, in part or in any form to any person, firm, corporation or other entity who or which are not salaried employees of the City without the expressed prior written consent of SCSI, or as required by law.
A14.00. WARRANTIES.
.Ol. SCSI warrants and represents that it has full authority to
enter into this Agreement and to consummate the transaction contemplated hereby
and that this Agreement is not in conflict with any other agreement to which SCSI is a party or by which it may be bound.
A15.00. WAIVER.
.Ol. It is expressly understood and agreed that no waiver granted by the City for any violation of any covenant, term or condition of this Agreement shall be construed to constitute a waiver of the same of any further violation without the prior written approval of the City.
A16.00. RESOLUTION OF DISPUTES.
.Ol. It is anticipated that disputes between SCSI and the City
will be resolved between the parties. Disputes or questions of interpretation
may be referred to a committee composed of representatives from SCSI and the
city. The parties agree that in attempting to resolve disputes they will act promptly, reasonably, and in good faith.
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.,- . 1.
. A17.00. NOTICE. All notices, requests, demands and other communication
shall be in writing and sent by registered mail, certified mail or hand
delivery, addressed to the party's principal place of business herein written.
Either party may by notice in writing, direct that future notices, requests, or
demands be sent to a different address. Notices given by personal delivery
shall be deemed given at the time of actual delivery.
SCSI - Sierra Computer Systems, Inc. 2378 W. Whitendale Avenue
Visalia, CA 93277
CITY - Information Systems Director
City of Carlsbad, California
1200 Elm Avenue
Carlsbad, CA 92008-1989
City hereby acknowledges that City has read this Agreement, understands it and
agrees to be bound by its terms and conditions. City further agrees that it is
the complete and exclusive Agreement between City and SCSI relating to the
subject matter of this Agreement. City acknowledges receipt from SCSI of a true
copy of this Agreement.
SCSI
Sierra Computer Systems, Inc.
2378 W. Whitendale Avenue
Visalia, CA 93277
CITY
By:
Typed : City of Carlsbad, California
1200 Elm Avenue Carlsbad, CA 92008-1989
APPROVED AS TO FORM: \ * t \ ,.. II-. f By: l/d&j\ .
Typed : Vincent Biondo, 3r., CIt# Attorney _ City of Carlsbad, Califofnia
1200 Elm Avenue Carlsbad, CA 92008-1989
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EXHIBIT A TO SOFTWARE LICEWSE AGREENENT
INSTALLATION SERVICES
A. SCSI shall provide the following installation services relating to the
Software:
1. Assistance in conversion of existing CITY computer files and County
Assessor’s Data Base to a format compatible with the Software.
2. Assistance in the installation of permit formats and inspections/fee
schedules.
3. Assist in creation of a table-driven geo-data base. Assist in
creation of a Master Street Guide and Street Name Tables used in the geo-data
base.
4. Assist in creation of multiple structure and site data bases.
B. SCSI shall be paid for installation services at a prevailing rate plus
reasonable expenses, in addition to the purchase price for the Software.
Installation services are estimated at 300 hours for a total of 512,500.k dollars. The estimated expenses are $1,500.00 dollars. The total estimated amount is $14,000.00 and shall not be exceeded except upon prior written consent of City.
c. SCSI shall submit monthly invoices to City detailing the installation services provided and the time and expense incurred. City shall pay such
invoices within thirty (30) days.
‘PERMITS’ Plus TM
AGREEMENT BETWEEN
Sierra Computer Systems, Inc., hereinafter referred to as SCSI, and City of Carlsbad, CA hereinafter referred to as User.
Executed thisLhday of Jk Ly , 1997.
User must execute this agreement and return to SCSI by July 31, 1997 to be valid.
RECITALS
SCSI provides ‘PERMITS’ Gold TM “SOFTWARE MAINTENANCE” for the product listed below. Sofhvare maintenance provides both software
update service and software problem resolution service. While there is no charge for updates while under annual maintenance agreement, substantial product enhancements may carry a nominal charge.
Customer
Address
City/State/Zip :
Product Name :
SCSI Reference No :
Release No
No. of Licenses :
Fee Plus Tax :
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
‘PERMITS’ Plus -
WIN97
01 or Higher
32
$10342.12 (includes client sewer INFORMIX option and additional insured)
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN SCSI AND USER
GENERAL CONDITIONS OF ‘PERMZTS’Ph rM SOFlWARE MAINTENANCE
Al .OO. HEADINGS. Headings are for convenience only and shall not be deemed to be part of this Agreement.
A2.00. MODIFICATION. No modification or variation of this Agreement shall be valid unless in writing signed by both patties.
A3.00. SEVERABILITY. If any provision of this Agreement shall be construed to be illegal or invalid, the legality or validity of any other provision hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to
have the broadest scope permissible under the law of said jurisdiction, and if no validating construction is possible, shall be severable, and all other provisions hereof shall remain in full force and effect.
A4.00. DELAYS.
.Ol. Neither party shall be liable, in damages or otherwise, for any delay in the service to be rendered hereunder, or for failure to give
notice of any delay, when such delay is due to the elements, acts of nature, acts of civil or military authoriiies, acts of other party which are not provided for in this Agreement and which cause unreasonable delays in this Agreement by the other party, any delay in transportation or delay in
delivery by its vendors beyond its reasonable or actual control, or any other causes beyond the reasonable or actual control of the party. Each party’s schedule of performance shall be extended by a period of time equal to the time lost because of any such delay, provided written notice has
been given to the other party of such delay and its estimated duration, within five (5) days of the time the party has actual knowledge of such delay.
.02. Notwithstanding the fore-going, in every case, the delay or failure to perform must be beyond the control, and without the fault or
negligence of, the party claiming excusable delay.
A5.00. STATEMENT OF WORK.
.Ol. SCSI agrees to perform Software Maintenance. While there is no charge for ‘PERMITS’Plw N updates while under this annual
maintenance agreement, substantial product enhancements will be offered under a separate Agreement.
.02. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to
vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both User and SCSI.
Carlsb-m USER 4, SCSI 4
.03. SCSI shall provide User with consultation by telephone to assist the User in software problem resolution, during SCSI’s normal
working hours.
.04. SCSI shall provide User with remedial maintenance of software to substantially conform the software to SCSI’s published program specification for that release level of soflware identified in the most current release. SCSI shall, within a reasonable time period, supply computer
program code to correct any reproducible error provided that SCSI’s diagnostics indicate that such non-conformity or error was in existence during the subscription period or during the initial Warranty Period extended to the User in the purchase agreement for SCSI software.
.05. Suspected error conditions will be investigated and corrected by SCSI personnel at SCSI’s offices to the extent possible. Onsite
corrections shall be at the exclusive judgment of SCSI at no additional cost to the User. User may, however, request that SCSI conduct such
investigations and travel to the location of the User at the User’s request. If SCSI, in its reasonable judgment, determines that the suspected error condition was attributable to a cause other than an error in SCSI’s sotiare or an enhancement by SCSI, the User will pay for SCSI’s efforts on a
time and materials basis, as well as reasonable travel and subsistence expenses incurred by SCSI.
.06. SCSI may provide the User with unsolicited error corrections or changes to the software, without additional charge, which SCSI
determines are necessary for proper operation of its software, and User shall incorporate these corrections or changes into the software within 180 days of release by SCSI. SCSI will provide all documentation changes necessary as a result of changes to the software.
.07. SCSI will provide User all enhancements released by SCSI as standard enhancements, and which are generally made available to
other users purchasing comparable software during the term of this Agreement.
A6.00. TERM OF AGREEMENT
.Ol. The term of this agreement shall commence upon the execution of this agreement if maintenance coverage is paid for User’s existing
version of TERMITS’TM through June of 1998. The User will receive maintenance coverage for both products for the cost of existing maintenance
through June 30 of 1998. Thereafter, this Agreement may be renewed on a yearly basis on July 1 of each year if mutually agree upon by both
parties.
.02. Payment for software maintenance services must be paid yearly in advance. User may not skip any period and then resubscribe to
User support at a later date without paying the fees missed. No refunds will be paid for unused support for Users who terminate support.
.03. Custom programming/consulting or additional software problem resolution service, will be billed in addition to yearly software
maintenance and will be billed at SCSI prevailing rate.
.04. Exclusive, however, of income taxes based on the inwme of SCSI, which taxes shall be paid by SCSI, User agrees to pay any tax for which it is responsible hereunder, or which is assessed against User directly, and, if any such tax is paid by SCSI, to reimburse SCSI therefore upon
receipt by User of proof of payment. Sales tax will be charged on 50% of the fee.
.05. Total payment for software problem resolution service and software enhancements under the terms of this Agreement shall not
exceed $10,167.50 per year unless approved in writing by both parties. Plus sales tax for California $374.62 for a grand total of $10542.12 .
A7.00. RELATIONSHIP OF PARTIES.
.Ol. At all times during the term of this Agreement, SCSI shall be an independent contractor and shall not be an officer, agent, or
employee of User. User shall have the right to control SCSI only insofar as the result of SCSI services rendered pursuant to this Agreement.
.02. Nothing contained in this Agreement shall be deemed to create a partnership or joint venture. Neither party shall incur any debts or make commitments for the other party.
A8.00. SYSTEM SECURITY AND ACCESS.
.Ol Each party acknowledges that all information concerning the other party is “Confidential and Proprietary Information”. Each party
agrees that it will not permit the duplication, use or disclosure of any such Confidential and Proprietary Information to any person (other than its own
employee who must have such information for the performance of obligations under this Agreement), unless authorized in wriiing by the other party or as required by law.
.02. No information, reports, documents or any other materials given to or prepared by SCSI, or to which SCSI has access by reason of Agreement, shall be made available to any individual or organization other than User or Usel’s employees without the prior written approval of the User except as required by law.
.03. All financial, statistical, personnel, technical, and other information or data relating to the User, which is designated confidential by the
User but made available to SCSI in order to carry out this Agreement, will be protected by SCSI from unauthorized use and disclosure. SCSI shall also observe the same or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI shall instruct its
personnel to keep such information confidential. SCSI shall not be required to keep confidential any data or information which is or becomes publicly available.
Carlsb-m USER k.fc, SCSI /$c
A9.00. HOLD HARMLESS CLAUSE.
.Ol. During the term of this Agreement SCSI will use its best efforts to maintain the software free of defects and imperfections that would
prevent the software from performing according to the original or then prevailing specifications set forth in SCSI’s published material. Except for any express warranty contained herein, SCSI makes no warranty of any kind whatsoever, either express or implied, including without limitation, and
express or implied warranties of merchantability and/or ftiness for a particular purpose. The express warranty and exclusive remedy stated herein is
in lieu of all liabilities or obligations of SCSI for damages arising out of or in connection with the delivery, use, or performance of the software or
breach by SCSI of any term of this Agreement. In no event shall SCSI have any obligation or liability for damages, whether direct, incidental, consequential, or of any other nature whatsoever, even if SCSI has been advised of the possibility of such damages.
A1O.OO. USERS INSTRUCTION
.Ol. SCSI shall be responsible for ensuring that its employees, servants, and agents will, whenever on Users premises, obey all reasonable instructions and directions issued by User.
.02. Unless otherwise agreed by the parties, SCSI personnel, while working on User’s premises, shall observe the working hours, working
rules and holiday schedules of User applicable to such User premises. User agrees to provide reasonable working space, resources and materials
which are necessary for the performance of services under this Agreement, provided, however, that such working space, resources and/or materials are agreed upon by User for such services and the use of any such working space, resources and/or materials is arranged so as to minimize any
disruption to User’s normal business operations.
.03. User agrees that all enhancements provided by SCSI shall be the exclusive property of SCSI pursuant to the previous SCSI Software
License Agreement.
94. User will be responsible for maintaining the computer hardware, communications equipment, telephone lines, cabling, modems, and
all other hardware equipment. User will make available computer time for the testing and maintenance of software. User will make available all necessary supplies such as paper, magnetic tape, and disk packs.
.05. Software service requires the installation by the User of any Bell 212-compatible autoanswer 4800 baud (minimum) modem, PC
Anywhere software or similar product approved by SCSI at User expense. This device will permit SCSI to effect software diagnostics, changes, and corrections from a remote location, when appropriate.
.08. Maintenance service is provided during SCSI’s normal forty (40) hour work week. Certain critical conditions may exist which require work outside these hours, and SCSI will make a best effort to respond. However, SCSI reserves the right to provide a price quotation and estimate
of time for service requested by the User which requires substantial work outside SCSI’s normal working hours.
Al 1 .OO. COMPLIANCE WITH LAWS.
.Ol. SCSI agrees to comply with all laws, regulations, rules and guidelines of the Federal, State and Local jurisdictions and any agency thereof governing SCSI and its operations.
.02. This Agreement shall be governed and construed under the laws of the State of California. Any action to enforce the provisions of
this Agreement shall be filed in a court located in the County of San Diego, California.
.03. There shall be no discrimination on the basis of race,
sex, religion, or national origin against any person employed by SCSI for the performances of services herein described.
.04. The User has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that SCSI will not be required to file a conflict of interest statement as required of this agreement. However, SCSI hereby acknowledges that SCSI has the legal
responsibility for complying with the Political Reform Act and nothing in this agreement releases SCSI from this responsibility.
A12.00. WARRANTIES. SCSI warrants and represents that it has full authority to enter into this Agreement and to consummate the transaction
contemplated hereby and that this Agreement is not in conflict with any other agreement to which SCSI is a party or by which it may be bound.
Al 3.00. TERMINATION.
.Ol. This Agreement automatically terminates on June 30th each year, and is subject to renewal only if mutually agreed upon.
A14.00. WAIVER.
.Ol. It is expressly understood and agreed that no waiver granted by the User for any violation of any covenant, term or condition of this
Agreement shall be construed to constitute a waiver of the same of any further violation without the prior written approval of the User.
Al5.00. ASSIGNMENT AND DELEGATION.
.Ol. User shall not assign, sublet or transfer any interest in or duty under this Agreement without the written consent of SCSI.
.02. SCSI cannot assign, sublet or transfer interest without written notification to USER.
Carlsb-m USER I-p, SCSI .@--
I
A16.00. RESOLUTION OF DISPUTES.
.Ol. It is anticipated that disputes between SCSI and the User will be resolved between the parties. The parties agree that in attempting to
resolve disputes they will act promptly, reasonably, and in good faith.
A17.00. NOTICE. All notices, requests, demands and other communication shall be in writing and sent by registered mail, certified mail or hand delivery, addressed to the party’s principal place of business herein written. Either party may by notice in writing, direct that future notices, requests,
or demands be sent to a different address. Notices given by personal delivery shall be deemed given at the time of actual delivery.
SCSI Sierra Computer Systems, Inc. 1731 West Walnut Avenue
Visalia, California 93277
USER City of Carlsbad
I.S. Director 1200 Carfsbad Village Dr.
Carlsbad. CA 92008
A18.00. SCSI INSTRUCTIONS
.Ol. SCSI shall be responsible for delivery of the ‘Software’ Source Code of ‘PERMITS’PZus T*l to SCSI’s escrow account. Source code
for those modules will be made available from the escrow agent to User if: a) The most current version of the “Software” is not supported.
In such case if User is actively covered under this Agreement, copies of the ‘Software’ (most current version) will be provided to the User under the
terms of this Agreement. The Source Code for all these modules created by SCSI will be made available for a fee equal to the total License fee paid
by the User to SCSI. User has unrestricted access to the ‘Software’ it has accepted from SCSI. However, User is bound by the original terms of their License Agreement and may not transfer the ‘Software’ under any terms.
A19.00. INSURANCE
.Ol. SCSI shall maintain automobile liability insurance in the amount of $1 ,OOO.OO combined single-limit per accident for bodily injury and property damage, and shall name the User as additional insured.
User hereby acknowledges that User has read this Agreement understands it and agrees to ba bound by its terms and conditions. User further agrees that it is the complete and exclusive Agreement between User and SCSI relating to the subject matter of this Agreement. User
acknowledges receipt from SCSI of a true copy of this Agreement.
K$lTNEzp e executed this Agreement as of the day and year first above written.
Typed: Robert Ausherman, President
Sierra Computer Systems, Inc. 1731 West Walnut Avenue
Visalia, California 93277
USER
By:
Typed: City of Carlsbad 1200 Carlsbad Village Dr.
Carlsbad. CA 92008
Carlsb-m USER /@, /&- SCSI
‘PERMITS’Plus 1M VERSION
AGREEMENT BETWEEN
Sierra Computer Systems, Inc., hereinafier referred to as SCSI, and Citv of Carlsbad, CA hereinafter referred to as User.
Executed this 28slday ofi+ 1997. User must execute this agreement andturn to-S6 by Julv 31, 1997 to be valid.
RECITALS
SCSI provides the ‘PERMITS’Plus W System, hereinafter referred to as “Software”. SCSI provides this “SOFTWARE” and licenses its use.
Customer : City of Carlsbad
Address : 1200 Carlsbad Village Dr.
City/State/Zip : Carlsbad, CA 92008
Product Name : ‘PEmiITs’Plus-
SCSI Reference : WIN97
Release No. : 01 or Higher
No. of Licenses : 32
Fee : $20,000.00 (Includes Client Server lnformix version)
TERMS AND CONDITIONS OF AGREEMENT BETWEEN SCSI AND USER
GENERAL CONDITIONS OF ‘PERhUTS’PZus W LICENSE
Al .OO. HEADINGS. Headings are for wnvenience only and shall not be deemed to be part of this Agreement.
A2.00. MODIFICATION. No modification or variation of this Agreement shall be valid unless in writing signed by both patties.
A3.00. SEVERABILITY. If any provision of this Agreement shall be construed to be illegal or invalid, the legality or validity of any other provision hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have
the broadest scope permissible under the law of said jurisdiction, and if no validating construction is possible, shall be severable, and all other provisions hereof shall remain in full force and effect.
A4.00. DELAYS
.Ol. Neither party shall be liable, in damages or otherwise, for any delay in the installation and implementation of the “Software” or any
component thereof or any service to be rendered by it hereunder, or for failure to give notice of any delay, when such delay is due to the elements,
acts of nature, acts of civil or military authorities, acts of the other party which are not provided for in this Agreement and which cause unreasonable delays in this Agreement by the other party, any delay in transportation or delay in delivery by its vendors beyond its reasonable or actual control. or
any other causes beyond the reasonable or actual control of the party. Each party’s schedule of performance shall be extended by a period of time
equal to the time lost because of any such delay, provided written notice has been given to the other party of such delay and its estimated duration, within five (5) days of the time the party has actual knowledge of such delay.
.02. Notwithstanding the foregoing, in every case, the delay or failure to perform must ba beyond the control, and without the fault or
negligence of, the party claiming excusable delay.
A5.00. PAYMENT.
.Ol. The sum of $20.000.00 for the “Software” services shall be paid in two installments, the first $1 O,OOO.OO within 45 days after receiving
miqration programs. The balance $1 O,OOO.OO within 12 months of the execution of this agreement or within 45 days after going live with ‘PERMITS TM
.02. User agrees to pay any tax for which it is responsible hereunder, or which is assessed against User lusive however, of income
taxes based on the income of SCSI. If any such tax is paid by SCSI, to reimburse SCSI therefore upon receipt by
Carlsb-I 1
.03. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreements or implied covenant shall be held
to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both User and SCSI.
64. This License fee includes Installation Services as specified in Exhibit A.
A6.00. PATENT AND COPYRIGHT INDEMNITY
.Ol. SCSI agrees to defend, hold harmless and indemnify User from and against any claim, action, liability, cost or damage for infringement of any patent, copyright or similar property right (including, but not limited to, misappropriation of trade secrets) based on any software
or any other materials furnished hereunder by SCSI. SCSI shall have the sole right to conduct the defanse of any such claim or action and all
negotiations for its settlement or compromise, unless otherwise mutually agreed to in writing by the patties hereto.
A7.00. RELATIONSHIP OF PARTIES.
.Ol. At all times during the term of this Agreement, SCSI shall be an independent wntractor and shall not be an officer, agent, or
employee of User. User shall have the right to control SCSI only insofar as the result of SCSI services rendered pursuant to this Agreement.
.02. Nothing contained in this Agreement shall be deemed to create a partnership or joint venture Neither party shall incur any debts or make commitments for the other party.
A8.00. “SOFTWARE” SECURITY AND ACCESS.
.Ol. Each party acknowledges that all information concerning the other party is “Confidential and Proprietary Infomation”. Each party
agrees that it will not permit the duplication, use or disclosure of any such Confdential and Proprietary Information to any person (other than its own
employees and agents who must have such information for the performance of obligations under this Agreement), unless authorized in writing by the other party, as allowed by statute.
.02. All financial, statistical, personnel, technical, and other information or data relating to the User, which is designated confidential by the
User but made available to SCSI in order to carry out this Agreement, will be protected by SCSI from unauthorized use and disclosure. SCSI shall
also observe the same or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI will instruct its personnel to keep such information confidential. SCSI shall not be required to keep confidential any data or information which is or becomes
publicly available, is already rightfully in SCSI’s possession, is independently developed by SCSI outside the scope of this Agreement, or is rightfully obtained from third patties.
A9.00. USERS INSTRUCTION.
.Ol. SCSI shall be responsible for ensuring that its employees, servants, and agents will, whenever on User’s premises, obey all reasonable instructions and directions issued by User.
.02. Unless otherwise agreed to by the parties, SCSI personnel, while working on User’s premises, shall observe the working hours, working rules and holiday schedules of User applicable to such User premises. User agrees to provide reasonable working space, resources and
materials which are necessary for the performance of services under this Agreement, provided, however, that such working space, resources and/or materials are agreed upon by User for such services and the use of any such working space, resources and/or materials is arranged so as to
minimize any disruption to Users normal business operations.
.03. User shall be responsible for the input of all data into the computer memory and for reconciliation and accuracy of that data and for taking such administrative steps necessary to input that data. SCSI shall supply programs and services as desicribed in Exhibit A.
64. Any (i) modification, change, addition or substitution to the “Software” made by User, (ii) any interfacing of the “Software” with any
other program or programs, or (iii) any change in the operating environment of the “Software” may degrade the performance of the “Software”. User acknowledges that any such modification, interfacing or change shall be made at the sole request and expense of User and that SCSI shall have no
responsibility for any consequences thereof.
Al 0.00. SCSI INSTRUCTIONS
.Ol. SCSI shall be responsible for delivery of the most current verson Licensed Software Source Code to SCSl’s escrow account.
Licensed Software Source code will be made available from the escrow agent to User if:
a) The most current version of the “Software” is not supported by SCSI.
In such case, copies of the Software written by SCSI and documentation will be provided to the User under the terms of this agreement. Source
Code (most current version) will be made available for a fee equal to the License Fee ( The License Fees for 32 users is $12,495.00). User has unrestricted access to all software it has accepted from SCSI, but may not transfer source code or documentation to any other agency, commercial
or private business under any conditions.
Al 1 .OO. APPLICABLE LAW.
Carlsb-I
.Ol. This Agreement shall be governed and construed under the laws of the State of California. Any action to enforce the provisions of
this Agreement shall be filed in a wult located in the State of California.
A12.00. SOFTWARE LICENSE.
.Ol. SCSI grants and User accepts upon the terms and conditions contained herein, non-exclusive, non-transferable, perpetual license to
unlimited use of “Software” solely for User’s own purposes. The license granted under this Agreement authorizes User to use the “Software” in machine readable form by 32 concurrent users. The “Software” shall include in its meaning, documentation and technical information provided to User in written form for use in connection with the software.
.02. SCSI warrants that it has good title to such “Sottware” and that User will have undisturbed use of the “Software” in accordance with
the terms of this Agreement.
.03. User expressly agrees that it will not sell, lease, assign or in any way transfer, such “Software” or any rights herein to any person,
partnership, corporation or other entity.
.04. User shall include and shall not alter, remove or conceal, any copyright, trade secret or other proprietary notices on the “Software”.
.05. Title and ownership to the “Software” and Intellectual Property Rights is not hereby nor in any other way transferred to User. User
acknowledges that SCSI retains the exclusive right to sell, lease, license, assign, or otherwise transfer the “Software” (and any module thereof) and that SCSI may enter into similar or identical conveyances of similar or identical rights with other SCSI clients.
.06. Intentionally left blank.
.07. The User acknowledges that the “Software” contains valuable proprietary information and trade secrets and that unauthorized dissemination of the “Software” Programs (including, without limitation, disassembly, decompiling or reverse engineering) could cause irreparable
harm to SCSI.
.08. The User shall not make copies of the “Software” except that reserve copies of a magnetically recorded “Software” that is delivered
on tape or magnetic disk media may be made to protect against “Software” destruction for back-up procedures.
99. The User may copy documentation for its own use provided that copyright and other proprietary notices on any copies are made in accordance with SCSI or its supplier’s instructions.
.lO. Other Agencies inyour County, as defined by SCSI, may purchase a three user concurrent license for a fee of $5,495.00 plus any applicable sales or use tax. This license can be used on User system or on the new agencies own system. Any increases to the number of licenses
will be charged at the then prevailing rate. The new agency will be required to maintain a separate Maintenance Agreement with SCSI. Any
implementation services required of SCSI will be charged at SCSls then prevailing rate. This option is available through July of 1997 unless extended in writing by SCSI.
Al 3.00. WARRANTIES.
.Ol. SCSI warrants and represents that it has full authority to enter into this Agreement and to consummate the transaction contemplated hereby and that this Agreement is not in conflict with any other Agreement to which SCSI is a party or by which it may be bound.
.02. SCSI warrants that the “Software” will meet all advertised specifications in our manuals.
.03. The software provided by SCSI under this Agreement is warranted to be free from reproducible defects through June 30 of 1998. All
material and labor to repair any such defects will be provided free of charge for the full warranty period.
This warranty is void if:
(a) The “Software” is used in other than its normal customary manner; (b) The “Software” has been subjected to misuse; (c) The “Software” has been subjected to modifications initiated by the customer without the express prior consent and wriien approval of SCSI.
.04. The HP 3000 version of ‘PER+41TSJm. IS also covered under maintenance through June 30, 1998.
A14.00. WAIVER.
.Ol. It is expressly understood and agreed that no waiver granted by User for any violation of any covenant, term or condition of this
Agreement shall be construed to constitute a waiver of the same or any further violation without the prior written approval of the User.
A15.00. RESOLUTION OF DISPUTES.
.Ol . It is anticipated that disputes between SCSI and the User will be resolved between the patties. Disputes or questions of interpretation
may be referred to a committee composed of representatives from SCSI and the User. The parties agree that in attempting to resolve disputes they will act promptly, reasonable and in good faith.
Carlsb-I 3
A16.00. NOTICE. All notices, requests demands and other communication shall be in writing and sent by registered mail, certified mail or hand
delivery, addressed to the party’s principal place of business herein written. Either party may by notice in writing, direct that future notices or
requests, or demands be sent to a different address. Notices given by mail shall be deemed given upon deposit in the United States mail. Notices
given by hand delivery shall be deemed given at the time of actual delivery.
SCSI Sierra Computer Systems, Inc. 1731 West Walnut Avenue
Visalia, California 93277
USER City of Carlsbad I.S. Director 1200 Carlsbad Village Dr.
Cat&bad, CA 92008
User hereby acknowledges that User has read this Agreement, understands it and agrees to be bound by its terms and conditions. User further agrees that it is the complete and e elusive Agreement between User and SCSI relating to the subject matter of this License,
receipt frorn?p Agreement.
User acknowledges
SCSI
By:
Typed: Robert Ausherman, President
Sierra Computer Systems, Inc.
1731 West Walnut Avenue
USER
By:
Typed:
1260 Carlsbad Village Dr. Carlsbad, CA 92008
Carlsb-I
SCSI shall provide the following programs and services (Basic Migration Services) relating to the “Software”:
1. Migration programs supplied to user for relocating activity types to the ‘PERMITS’PZW~ platform.
2. Migration programs to relocate ‘PERMITS’ m history data to ‘PERMITS’ PlusTM. This includes old
permits, parcel data, contractor data and data tables.
3. Programs to replace periodic update programs for Contractor’s and Assessors data, when these programs exist and were originally supplied by Sierra. 4. User Training/Technical classes for four (4) days at the SCSI site for 2 members of the agency’s staff.
5. ‘PERMZTS’PZus m software and shipping.
SUBTOTAL A
Additional services, not included as part of the Basic Migration Services described in Paragraph A above, may be contracted for on a time and materials basis at the hourly rates listed in paragraph “D” below. The expenses and
travel time include 4 onsite visits. These costs reflect normal and customary charges. Additional site visits if
required will be charged a maximum of 6 hours for travel time per visit and normal and customary charges.
I. Travel to and from Agency Site 2. Design/Review Assistance 3. Activity Development Assistance
4. Project Management 5. Additional Training (per day)
6. Workflow Assistance 7. DBMS Assistance
8. ODBC Drivers 9. Document Assistance
1 OScripts Assistance
11 .Repotts Assistance 12System Modifications
13Estimates 14.Travel Expenses
15Gther
Hours Budgeted
20 0 60
0 3 days
0 50 N/A 0
0
0 0
0 N/A
20
$ 87.00 $ 87.00 $ 87.00
$ 87.00 $1,100.00
$ 87.00 $ 140.00
N/A $ 87.00
$ 87.00
$ 87.00 $ 87.00
$ 87.00 N/A
$ 87.00
Dollars Budgeted
$1,740.00
:5,220.00
~3,300.00
0 $7,000.00
0 0
0
0 0
:I 300.00
$1:740.00
SUBTOTAL B f28,306.06
C Peripheral Technologies, when added to the ‘PERMITS’Plusm” system are priced independently.
‘PERMrTss’Pos TM
‘PERMITS’ TmeGIS TM
TERMITS’ Imaging TM
‘PERMITS Netm
‘PERMITS Scan-It TM
‘PERMITS’ Voice TM
‘PERMITS’PDA TY
Metro Scan Interface
‘P-S’ Dad% TM
cost
$5,000.00
$5,000.00
$5,000.00
$9,500.00
$2,000.00
$5,000.00
$2,000.00
$2,000.00
$2,000.00
No
No
No
No
No
No
No
No
No
Assistance Hours Dollars Budgeted
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
SUBTOTAL C 5 0
D. Sierra’s published hourly rates, effective January I, 1997
Exhibit A
SOFTWARE LICENSE AGREEMENT - INSTALLATION SERVICES FOR INFORMIX VERSION
1. Data BaselNetworklConnectivitv Assistance $140.00 Per Hour or $1,120.00 Per Dav 2. Project Managementllmplemen~~tion Assistance 3. Programming ServiceslEnhancementsmnodificationsITravel 4. Documentation/Research 5. Clerical Support Services 6. Additional Onsite Training (No Expenses Included)
$87.00/Hour or $696.09 Per Day $80.00/Hour or $640.00 Per Day $64.00/Hour or $512.00 Per Day $32.00/Hour or $256.00 Per Day $1 ,I 00.00 Per Day
$20,88Osm
These costs do not include Drivers, Emulators, Report Generators, Database Engines (except for Access), Computer or Networking hardware/software. Other consulting and onsite assistance is available at our prevailing rates.
Carlsb-I 5
PRELIMINARY DATA WORKSHEET
Sierra Permits Plus System
Contract Date:
Contract Reference Number:
Name of Agency: City of Carlsbad
Department: Community Development Department
Primary Contact: Gordon Peterson
Information Systems
City of Carlsbad
1200 Carlsbad Village Drive, CA 92009
(760) 434-2915 or 434-2808
Billing Contact: same
County: San Diego Sales Tax: 7.75 %
Hardware Platform: HPUIliX Number of Users: 32
Migration Purchase Price: $2O,(ltlo
Maintenance Plan:
Billing:
Fiscal Year
‘Workbook - Page 1
CONTACTS LIST
Project Management Contacts
Primary Contact: Karl von Schlieder
Community Development Department
City of Carlsbad
2075 Las Pahnas Drive
Carlsbad, CA 92009 1
(760) 438-1161 X 4125
FAX 438-0894
Secondary Contact:
Project Technical Contact:
Bill Baer
Information Systems
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92009
(760) 434-2914
Bill Baer
@a@
Workbook - Page 2
PARTICIPATING DEPARTMENTS / DIVISIONS
PLANNING Ms. Bobbie Hoder 438.1161 X4439
Creates developments, projects and activities. Receives and accounts for all fees.
Monitors plan review routing within Planning and Engineering for Planning projects.
Manages planning process from receipt of applications through plan review, reports,
correspondence, Planning Commission meetings and City Council agendas (if necessary).
Sends some plans to outside consultants for review.
Reviews and approves plans and provides comments on building plans.
Participates in inspection process for building completions.
ENGINEERING Ms. Nanci Plouffe 438-1161 X4361
Creates projects and activities. Receives plans associated with Planning or
Building projects and controls routing, review and approval within Engineering, Water
and Fire. Sends plans to outside consultants for plan review and manages routing and
billing for outside consultants.
Manages capital projects within City and performs plan review and inspections on
capital projects. Participates in inspection process for building completions.
BUILDING Mr. Mike Peterson 438-1161 X4462
Creates activities usually associated at an address level. Manages routing,
approval and correspondence regarding building plans. Sends building plans to outside
consultants for review and manages routing and billing for outside services. Manages the
building inspection process across all departments.
Creates code enforcement violation activities and manages inspection and
correspondence process associated with code enforcement.
WATER Ms. Pepper Godfrey 438-2722 Xl53
Receives plans for review and approval. Provides comments for correspondence.
Receives information about water discharge and water meter permits for scheduling of
work and financial review.
FIRE Mr. Mike Smith 931-2121 X2125
Creates firepermit activities and collects payments. Receives plans from Building for
review and approval. Participates in building inspection process.
REDEVELOPMENT & HOUSING Mr. Craig Ruiz 434-2817
Creates activities. Receives plans for review and approval which are associated with the
Redevelopment area. Utilizes information for analysis of housing information.
.Workbook - Page 3
C
Technical Environment
s&-a Migration Workbook
Complete and Return to Sierra Computer Systems, Inc.
‘PERMITS’ Pius” operates In an environment that may be significantly different from the current software. It
is critical to acCUrately define the operating environment which will be installed at the time the migration is
complete.
Database Server SPeCifiCations
Machine Type: PC Speed (MHz/MIPS): 1 z o
Model: \(‘I * - 2c.Pvr Class: Ps -3uJo
O/S Type: &p 3 >c Version: (0401
Network: N c3J nq Version: Yl (1
Database Engine: ACCESS Version:
ORACLE Version:
Version: 7.‘L3
ER Version:
SYBASE Version:
Modem Access (Yes/No): y Speed: \y ’ c Parity: (=u &A
Media Exchange Type: DAT: d 3.5 Disk Other:
Work Stations
o/s: Windows e NT Other:
o/s: Windows -I/ NT Other:
o/s : Windows Win ‘95 -NT Other:
Client Server (If Applicable)
Speed* W d/I O&mory* 55 V *- Qty . I 2 jT a- .-
Speed: flbd Memory: 3 & Qty: r0
Speed: Memory: cny:
OOBC Driver Type: ~ “~” Version. Printers: Quantity: so LAN Connected ? Y
List different printer types/models: c(aSticJw 4 - 6
On the following page, please attach a schematic of the hardware and communications network where the
‘PERhf ITS ‘Plus N system will reside. Complete and Return to Sierra Computer Systems, Inc.
0 Sierra Computer Systems, Inc. 1996 All Rights Reserved
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CITY OF CARLSBAD
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL PROCESS ISSUES
1. Too many different numbers associated with one project / activity:
Plan Check and PCR
Fire Number
Bldg Permit Number
Drawing Number
Water District Number
I
Drawing number will become the master number for improvement
plans. There will not be a separate improvement plan number.
Revisions and amendments will not create a new number. They will be
handled with tables inside of the original plan check. Fire Department
will not assign a separate job tracking number. The Water District will
retain their separate job number for each project.
2. Eliminate manual assignment and logging of activity numbers? (Drawing
number, planning number). This causes problems with enforcing standards
for number formats such as dashes and spaces AND causes numbering
problems similar to #l. Manual logging of drawing numbers will be
eliminated. The system will assign drawing numbers for improvement
plans, grading plans and landscape plans. A final decision about
planning front counter logging has not been made as of this date.
3. Eliminate future use of index cards for APN / Project cross-reference. YES
4. Eliminate future use of index cards for street name / drawing cross reference
NO - This cannot be accomplished because the new system will not
have a computer index of all of the streets associated with an
improvement plan drawing.
5. Are pink fee receipts in the project file necessary? NO - fee receipts will
NOT be given back to the front counter for filing into the project file.
Fee payments will be researched in the computer system.
6. Should all inspections and results be in the system? All inspections will be
requested and completed through the computer system. This includes
Building, Water, Engineering, Fire, Redevelopment and Planning final
inspections of building. Engineering inspections of improvements will
also be included.
7.
a.
9.
Should all approvals be in the system? All plan review approvals and
comments will be entered into the system by all participating
departments.
Should inspection results and approvals be entered at point of decision? NO m inspection worksheets will be filled in manually by the inspectors.
Results will be forwarded to data entry staff who will update the
inspection in the system.
Can inspections be routed electronically to outside departments such as
Water, Fire and Redevelopment? YES - inspections will be requested and
completed on-line in the system by all departments.
10. Should we require all staff to utilize the system for inquiries, reporting, etc.
YES - all separate computer systems and manual index systems will be
eliminated.
11. Should conditions and all comments be entered / stored in the Sierra system?
This would assist all others involved in the project and promote interface
between different departments. However, it is more work. YES - however
the ‘Conditions’ module needs to be investigated further to determine
how it can be done. Comments from plan review will still be written
down on the drawings, but general review comments will be entered
into the system.
12. Is it possible to start an invoicing / balance due policy for planning projects?
This would eliminate the need for manual calculations at the counter. If not,
can we start a ‘deposit’ policy instead? NO
1.
2.
3.
4.
5.
6.
7.
8.
9.
PLANNING DEPARTMENT ISSUES
If front counter does not enter activities into Sierra system, can they use cash ,-
receipt forms to fill out fee information? To be determined based on the A,J ; _I, .
front counter process decision. pn’~‘c i‘ J -..I ,
Eliminate manual logging of projects at front counter. To be determined.
Utilize system to calculate fees due. Do not manually calculate fees. To be
determined.
Enter assignment and routing information at point of decision. YES - this
means that Asst Planning Director will update Planner assignments on-
line
Utilize Sierra system to produce project/planner cross references and
turnaround times. YES - reports will have to be designed to give this
information
q~,qQfJWO ’ -- /
Use ‘&ter Submitted Date’ instead of ‘Assigned Date’ to calculate
turnaround times. YES
Have system create all labels and forms required for folders and routing. NO
- use of laser printer for labels is too cumbersome since only one or two
labels is required at a time
Eliminate manual logging of plan assignment. Utilize Sierra system instead.
This would eliminate unnecessary Xerox copies of checklists / letters. YES -
system will have index of planner assignments and completions
Can we use Sierra to create complete I incomplete letters? NO - it does not
seem feasible at this time due to Sierra document process
9466. ;/.+u r
10. Are all of the iterations for l&&review necessary? Letter is typed / reviewed
6 times and passed between 4 people before finalitation. Process has not
been redesigned since it is outside the scope of the new system
11. If logs must be kept, do not re-type any logs. YES
12. Utilize Sierra for Notice tracking and scheduling. YES, but this is a later
phase project
13. Utilize Sierra for Agenda Bill Tracking and Planning Commission scheduling.
YES, but see future project schedule
14. Have system assign planning resolution numbers. Eliminate manual log of
planning resolutions. NO - cannot be addressed until Planning
Commission scheduling is designed in new system
ENGINEERING DEPARTMENT ISSUES
1. RBase system should be eliminated:
Should routing and approvals be handled centrally with a data-entry
function, or handled as they occur? Routing will be handled centrally
through the Distribution function, Approvals will be entered as they
occur.
Number of sheets in submitted package (original or revisions) may not be
available in new system. Number of sheets will not be used in the new
system.
2. Plan review assignments should be entered on-line instead of filling out forms
and passing around to data-entry. YES - this will require Project Engineer
assignments to be entered on-line by supervisor.
3. Drawing number assignment and drawing number log should be eliminated.
YES - But, drawing numbers must continue. However, drawing
numbers will be assigned by the system and replace separate plan
numbers.
4. Consultant fees, consultant tracking and turnaround time should be handled
inside the system. Fees should not be calculated manually. YES -
consultants will be added as ‘inspectors’ and tracking will be handled
inside the inspection or conditions module (until Workflow and Routing
module is designed). A report will have to be designed which tracks
turnaround times between ‘out’ inspections and ‘in’ inspections.
Consultant fees will be calculated on all plan/drawing activities.
5. Should ‘documents’ be designed for all types of activities (to avoid using
manual receipts at counter)? YES -where there is not a specific
document, Engineering will send the standard fee receipt to print at
Cashier.
BUILDING DEPARTMENT ISSUES
1. New Address listings should be produced by the system. YES - a report will
need to be designed to list all new addresses.
2. Valuations should be calculated by the system. YES - the current building
valuation screen will have to be developed in the new system.
3. Should more building data be entered into the system to assist other
departments? Examples are:
Sprinkled Building - Fire Department will have access to enter
Occupancy classification - Will be entered by Building
Lot Number - YES
Bedrooms / Bathrooms YES
Construction characteristics - YES, if cloning from other permit
4. Should we bring appraisal information in from Assessor electronically? YES,
but specifics should be determined during meeting with Assessor.
5. System should produce all labels and forms required for folders and routing.
YES - but specific report will have to be designed by Building and a
special printer will be needed for labels only. Bill Baer will recommend
printers for labeling.
6. Send permit information to Assessor electronically? YES, but specifics
should be determined during meeting with Assessor.
’ . I
OTHER ISSUES
CODE ENFORCEMENT
Should we design Code Enforcement into the new system, with complaints and
inspection tracking? YES
Should system create all letters and notices to property owners’? This would
eliminate a lot of extra Word documents, but requires a lot of set-up time. YES,
but letters which involve a lot of cut and paste of regulations and wording
cannot be done in the Document system. Bill Baer will research the
document function at the July training and return with more information on
this.
If we utilize Sierra for code enforcement, the system should be updated more
regularly with ownership data from the Assessor or Recorder. YES, monthly
updates will be covered in the meeting with the Assessor.
Should we design vehicle abatements into the Sierra system? NO
WATER DISTRICT
Should Industrial Wastewater permits be handled by Community Development?
NO - Engineering cannot take on this additional responsibility at this time.
But the permits will be entered into the system by the Water District.
Should Water District Engineering be required to submit approvals and routing
on-line in Sierra? YES
Water needs reporting and management statistics in system. Several new
reports have been added to the system design.
REDEVELOPMENT
Should fees be paid in one location and plans delivered to another location for
complete processing? NO, but this process will continue.
Redevelopment should route and approve plans through Sierra. YES, including
building inspections.
FIRE DEPARTMENT
Will Fire Department be allowed to enter permits directly and participate in .
routing and approval updates of other plans? YES
Fire Department should eliminate separate routing database and job number
assignment. Also should eliminate separate fee spreadsheet used for reporting.
YES - new fee reports have been included in design.
Should we track certificates of insurance (fire related) for contractors in
contractor database. Can Fire have update access to contractor database?
YES
The Fire Department will require update access to portions of the Building base
screens. YES - approved by Building Department.
PLANNING ISSUES
1. Should the front counter initiate projects / activities and calculate fees
in the Sierra system?
Advantages
l Eliminates triplicate entry of project initiation data
l Eliminates manual log of project/activity numbers
l Provides for consistent and accurate fee calculation I
l Allows for real-time cashier balancing
l Promotes consistency in procedures across all departments
Disadvantages
l Requires knowledge of project / activity types for initiation in system
l Adds data entry work to front counter planners
l Creates training problems with back-up front counter personnel
Still being reviewed by Planning Department management. Bobbie Hoder
and Bill Baer to finalize this issue.
2. Should extensions of projects / activities be updated into the original
activity or entered as a new activity? YES - use table designed for extensions
and dates
3. How will amendments and revisions be set up in the new system? Amendments
can be entered with a revision table similar to Engineering plan check
activities, or Amendments will be added as separate entities with a manual
Permit Number entered on the front screen.
4. Will Planners enter plan check approvals and plan check comments into
the system? YES
5. If multiple projects / activities are initialized, can a single document print at the
Cashier station which lists all fees for the combined application? YES - if all
of the items are added together as a SET. But, projects and activities will
be organized into one project set and one activity set.
6. PFF agreements should be eliminated. Too much time and effort is spent trying
to release the liens on a citizen’s property. (Issue transferred to City Clerk)
As of 07/01/97
7. Can Planners use the Conditions module for conditions and findings which go
into the Resolution document ? NO - Conditions and findings will continue
to be kept in Microsoft Word for the following reasons:
l The purpose of writing conditions and findings is for output to the Resolution
document. It appears at this time that an acceptable Resolution document
format cannot be produced by the permit system. Since conditions and
findings cannot be downloaded into Microsoft Word, Planners would have to
perform duplicate data-entry to update the permit system and produce the
Word document.
l Planners usually have to enter ‘New’ or non-standard conditions for each
project. These items must be bolded on the Resolution document. The
permit system does not have the capability to bold text, especially text
modified within a standard condition.
l The system cannot distinguish easily between a condition and a finding.
These have to be printed separately within a resolution document.
l If conditions are entered for each project, there could be up to 10 planners on-
line working in the system. This may cause problems with our 32 user
license.
Because of these constraints, conditions and findings will not be available in
the permit system for research during Plan Check and other processes. If
Information Systems can find a way to transfer the Word document
paragraphs into the permit system format, the conditions could be kept in
the permit system for history.
As of 07/01/97
BUILDING ISSUES
1. Should Plan Check be included in the Building Permit activity?
Advantages
l Plan check is an activity which builds up to permit issuance. It is actually a
part of the Building Permit.
l Plan check fees are charged ‘per permit’
l Eliminates need to ‘back out’ all fees from plan check activity and apply to
building permits ,
Disadvantages
l To accurately count the number of plan checks going through the system, plan
checks may have to be set up as a separate entity. This could be solved by
only ‘routing’ one permit through the system and then reporting on the number
of permit plans ‘routed’.
l Front counter would have to enter all building permits involved with the plan
check in order to charge plan check fees.
l Multiple building permit numbers would be associated with one set of plans.
There would not be a one-to-one relationship between the plans and a
reference number. Plans could be related to the ‘CT’ or other project
reference, but it would cause changes in the current filing system.
Plan Checks for production housing will still require a separate entity.
However, fees will not be collected until the permits are issued which will
eliminate some of the problems. Plan check revisions and final mylars have
the same numbering/routing issues as Engineering.
2.
3.
4.
Should extensions to a permit be updated into the original permit? YES
How many copies of a permit are required to print at the Cashier? TWO
Should Complaint Management tracking be designed into system now? No, not
until March of 1998. A review of Permits Plus and its capabilities was
conducted with Frank of the City Manager’s Office on June 9’b.
5. After a Plan Check has been approved, why do all of the individual issued
permits have to be routed again ? It would save time, paper and effort just
to issue permits without any routing or approval. DO NOT ROUTE. Approvals
should be ‘cloned’ to building permit.
6. Plan check fees should not be collected until a Building Permit is issued for each
address. Has been discussed with Pat Kelly. Mike Peterson to finalize.
As of 06/24/97
ENGINEERING ISSUES
1. How should plan check revisions be handled?
A. Plan Check as a subtype of an Improvement Plan, Grading Plan or
Landscape Plan:
If plan checks (First through Final Mylar) are tracked with a date and Y/N
field on a data (or fee) screen as a subtype of an Improvement, Grading or
Landscape Plan, then only one routing can be initiated by Plan.
The second through N plan checks could not have a separate routing.
B. If a plan check is set up as a separate entity, it would still have the same
revision and routing problems.
C. If a separate plan check activity is created for each revision/routing, then
different plan numbers would be assigned for each revision. Which
number would be used for filing the plan/drawings?
Plan check revisions will be updated into the original plan check entity.
A ‘table’ will be designed for each possible revision, with the date each
revision was received. This will be used for all types of plan checks
(Building, Improvement, Grading and Landscape). For routing, each time
a plan check goes out to an external entity (contractor), it will be marked in
the Inspection Module as a ‘OUT’ inspection and when the plans are
returned, they will be marked as an ‘IN’ inspection, with dating. IS will
create a report which calculates the turnaround time between the OUT and
IN inspections. The inspection module will be used for turnaround time
tracking until the Workflow Routing module has been implemented.
2. Landscape Plans are received by Engineering, but ALL processing is conducted
by Planning Department / Larry Black. This causes unnecessary additional
routing and paper handling. Either Larry Black needs to move to Engineering
control or Planning should accept landscape plans. To Be Determined
3. Drawing numbers should be eliminated as a unique number and drawings should
assume the project / plan number generated by the Sierra system. If drawing
numbers are maintained separately, this will create two separate numbers for the
same entity. Also, the system cannot generate a number for a drawing without
a separate activity type. Drawing numbers must remain, staying in sequence
during conversion. The code for Grading Plan, Improvement Plan and
Landscape Plan will be changed to DWG to provide for unique drawing
numbers.
As of 06/24/97
4. Should there be detailed status changes of a plan going through multiple check
processes? The answer to this may be related to the way a plan check is
designed and tracked in the system (Number 1). NO
5. Will Engineering assume responsibility for entering Water Department activities?
This will reduce the number of places that applicants need to visit in the City. NO
6. Will inspections be generated and tracked in the system? YES
7. Should grading plan checks/approvals be inside of the Grading Permit activity?
OR should a grading permit print out as a result of an approved Grading Plan?
Asof 06/24/97
WATER EASEMENT DESIGN
Flat $200.00 fee - can be added to Improvement Plan fee schedule if an Easement is
added to system with corresponding project number
Initialization Fields APN Required
APPLICANT Required
DESCRIPTION Required
PROJECT Optional
Screen Design
Design like Engineering Easement screen
Include the following fields:
Water District Job Number (indexed for search capabilities)
Subordination agreement required flag
Quitclaim or vacation flag field with dates
Statuses Initiated
Document Complete
At City Clerk
At Recorder
Complete
Quitclaim
Routing - see diagram
Reports - See Output Reports
APR-22-97 TUE 7: 25 CAP.L$E$D F 1P.E @EPT FAX NO. 61992902_56 P. 02 . --
Fire Department New (Sierra) System
1. Items we consider very important.
11. Would l&e to follow pwjz.r:l fr~~rrt (rrizinal Planning Department number
nnd linlr, dl other numboro to that.
Now we have, Bldg. permit number, C&x-xxxx, and PCRxx-xxxx, Fire #,
nnd our permit numbers (see attached sheet).
Need 1 bldg or lot number for each building permit nu?ber.
b. Street addresses and Suite numbers, are important to fire department.
C. Need ability to issue credits.
6. Need ability to enter data without street number of address for;
CIse permits - Sometimes we don’t have address - event on vacant lot. Sometimes sprinkler, alarm , school plans come in before bldg plans have
been submitted, sometimes they won’t have any bldg permit attached to
them.
f. Information that would be helpful from other departments.
Water improvement data; inyxwcwcnt ylill:b s&J, Tcw lryrlrauls, 400 scale map, ten terline
Lot number.
Tract number and name Square footage of building Sprinklered or not
&CUpIIllCy ClASSifkAtiOll
2. Buhuuu Llcwn~w, Finulc; und ClO’o. Plro dooon’t have the ability to antor
our information on the computer now for apprn~nl, would like to.
3 - I Inspections - If other departments will hwc imp&an informntiorr 01)
computer, we would like to dno be nbk to uJc thnt. if \vu illvu lhu &lily lo du it
from every PC in department.
Additional information that WC might want in inspection file;
Place to enter water flow information.
Underground tanks or above ground tanks. Date of last inspection.
Annual required - self inspection.
Manager’s name and phone r~rutcl.
Alarm system, monitored.
$PR-22-g7 TUE 7125 CARLSBAD FIRE DEPI’ FAX NO. 61CIK?90256 c. . .- . I False alarms for address, date occurred. Assigned station number.
P, 03
4. Reports - Would like to be able to gcncrate various reports from data base with
aldity t& &A WA LILLIIIUL~VLL IL J1 ~&J&~8xl l.&lJ&, all Lulkll~~~s uvtx
a certain size, care facilities, schools, by occupancy clnssifkations,by station
assigned, date of last inspection, underground or above ground tanks. Would like to talley money received from various permits on a quarterly and yearly basis,
also number af inspcetiens d. I\ u rl. cd & \iuallr;JJ Guul JsculJ L&.
T . 9 Wgtoricd -Ability ta archive. old informdon nnd rctricvc information. such as ~Chdb ~OJUGJ udc~ u ~uILibular cd&cim Pcldb ful yeiu ul yews;.
SIERRA SYSTEM ISSUES
1. Can we clone building permits or other activities?
2. Can we print multiple building permits, approve multiple building permits or do
any actions against multiple building permits using number ranges?
Or, do we have to put the permits / activities together in a SET and use the
SET features?
3. Can we create documents which import paragraphs / text depending on certain
conditions within the activity?
4. Is there a standard fee output file which can be sent to our IFIS system?
As of O&24/97
DESIGN ISSUES
1. Approvals and approval codes should be duplicated from the existing system.
There are no changes in approvals.
2. Inspection codes used by Building will be reviewed by Bonna Stickrod. She
will eliminate unused codes and forward the list to Bill Baer (e/19/97)
3. Inspection codes for Grading will remain the same as the existing system. These
codes will need to be transferred to the new system.
4. Inspection codes for new Engineering inspection activities will need to be
designed by Michelle M and Kathy Farmer of Engineering.
5. Sample designs for permits and documents have been given to all departments.
Specific designs for output documents must be completed.
CITY OF CARLSBAD
SIERRA PERMITS PLUS SYSTEM
FUTURE DESIGN PROJECTS
ESTIMATED
PROJECT DEFINITION RESPONSIBILITY TIMING
Workflo w Routing Community Development Jan - Mar 98
Since the Workflow module will not be available from Sierra Systems until
December 1997, the full programming and implementation of project and activity
routing cannot be completed until March 1998. High-level design of routing per
project or activity will be defined by July 1997.
Planning Commission Agendas Planning Department Jan - Mar 98
Planning Department will set up a calendar for Planning Commission meetings.
All items will be maintained in the calendar. Developments and project
discussion items can be referenced back to the specific development / project /
activity number in the Permit Plus system.
Request for Action City Manager Mar - Jun 98
Calls from citizens are received and categorized at the City Manager’s Office or
other designated locations. Categories could include traffic problem, grading
violation, noise complaint, library complaint, etc. Calls are entered into the
Permits Plus system with basic information by the originator. Each type of
category has a pre-defined ‘routing’. The request for action is routed to the
appropriate place where updates and actions are entered into the system. The
system prints all forms and correspondence between the City, the caller and the
affected parties. Final results can be routed back to the originating office.
Agenda Bill Tracking City Clerk Jun - Sep 98
Agenda Bill Tracking business functions will be reviewed against the capabilities
of the Permits Plus system, including the calendering functions. The agenda
and calendar will be maintained by the City Clerk’s office. All requests will be
routed to the City Clerk for updates to the calendar.
Public Noticing Planning Department May- June 1998
When a project reaches a certain stage in the Planning process, notices are
prepared which are sent to property owners, newspapers and other entities.
These notices could be prepared in the permit system as Documents or
Activities. Design of the notices and associated tracking will be the responsibility
of the Planning Department.
Conditions and Findings Planning Department Sept j998
The Planning Department and Information Systems will work together to find a
way to interface Resolution Documents in Word into the permit system. Either
the Resolution Document will be designed in the permit system, or conditions
and findings in the Word document will be loaded into the permit system.
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INITIALIZATION FIELDS
FOR ACTIVITIES
ALL PLANNING ACTIVITIES APN Required
NAME Required
APPLICANT Required
PERMIT # Optional
DEVELOPMENT Optional
PROJECT Optional
ALL ENGINEERING ACTIVITIES APN
ADDRESS
LOCATION
APPLICANT
PROJECT
Optional
Optional
Optional
Required
Optional
ALL BUILDING ACTIVITIES ADDRESS
APN
APPLICANT
PROJECT
Optional
Optional
Required
Optional
ALL FIRE ACTIVITIES
Water Easement
Water Discharge Permit
ADDRESS Optional
APN Optional
APPLICANT Required
CONTRACTOR Optional
PROJECT Optional
APN Required
APPLICANT Required
DESCRIPTION Required
PROJECT Optional
ADDRESS
APPLICANT
OWNER
Required
Required
Optional
OUTPUT DOCUMENTS
.
OUTPUT DOCUMENTS
OUTPUT DOCUMENTS
OUTPUT DOCUMENTS
l .
Demolition Permit DEMO
Mechanical Permit MECH
Plumbing Permit PLUM
Cashier
Cashier
Cashier
NO
NO
NO
Code Letter CVIOL Laser NO
I I I I
Redevelopment Permit RP
MlSCR
Cashier NO
Housing Permit I HOUSE Laser I NO
I I
Sprinkler Permit
Fire Alarm Permit
Fixed System Permit
Use Permit
Hazardous Use Permit
SPRINK
FALARM
FIXSYS
PA
TU
HMP
Laser
Laser
Laser
Laser
NO
NO
NO
NO -.
OUTPUT REPORTS
Vehicle Abatement .- VEHABATE Building On Demand
NEW REPORTS
Inspection Worksheet
Inspection Worksheet -
Capital Projects
Month End Statistics
Permit Activity for
Assessor
Plan Check Calculations
Redevelopment Permits by
Type
Sewer Connections Detail
Sewer Connections
PC
like
PLANLIST
Engineering
Engineering
Building
Building
Building
Redevlpmnt
On-Demand 1
On-Demand 1
On Demand 1
On Demand 1 File
On-Demand 1
On Demand 1
Water
Water
WEEKLY 1
MONTHLY 1
. ‘_ l
I I I I
Wastewater Discharge I Water WEEKLY I I I Permits
Water Connections Issued Water WEEKLY 1
* - Needs minor redesign
** - Rename to ‘A-Frame Listing’
*** - Redesign report to print all current street names - NOT FUTURE ONLY
Water Easement Report
Water District Project #
Project Description
Associated Project Number
Associated Plan Drawing Number
Status
Location
New Address Listing
should print all new addresses created since last request date
Include APN, Lot Number, New Address
NEW REPORTS
PLANNING
.-
Fee Activity by Set - used at front counter as comprehensive fee receipt for planning
application. Two copies will be necessary, one for customer and one for submission at
Cashier. This may be designed as a ‘document’ and should print at Cashier station.
Plan Check Statistics - show all plan checks received, completed and outstanding
ENGINEERING
Plan Check Statistics - show all plan checks received, completed and outstanding
Fee Summary by Activity - similar to Data Checklist used in current system
Inspection Aging Report - show all outstanding inspections which need to be completed
Inspection Statistics - should report inspection information for Engineering only.
Inspection Worksheet - output which will print in batch mode after inspection requests
are entered on a daily basis. Worksheets should be designed specifically for Engineering.
Inspection Worksheet - separate worksheet should be designed for Capital Projects
because additional information is captured during these inspections.
Punchlist Report - to be designed to replace Rbase report
Project Status - to be designed to replace Rbase report
BUILDING
Plan Check Statistics - show all plan checks received, completed and outstanding
Inspection Aging Report - show all outstanding inspections which need to be completed,
including inspections outstanding from other departments
Inspection Statistics - should report inspection information for Building only
Inspection Worksheet - should be designed to replace current worksheet
Month-End Statistics - should be designed to replace current monthly management report
Permit Activity for Assessor - should report information on new building permits and
completed construction to County Assessor (may be output to file)
Plan Check Calculations
New Address Listing - should print all new addresses created since last request date
including APN, Lot Number and new address
WATER
Sewer Connections Detail - should report all sewer permits issued and completed
Sewer Connections Summary - should report all sewer permit completions in a month
Plan Check Statistics - show all plan checks received, completed and outstanding
Water Easements - list all water easements and their status
Water Inspections Completed - list all inspections completed by Community
Development
Wastewater Discharge Permits - report status information on water discharge permits
Water Connections Issued - report preliminary water connections by number of building
permits issued
FINANCE
Contractor Listing - design new report to replace existing report
FIRE DEPARTMENT
Fee Summary by Activity - summarize all fees by permit and permit type
Fee Summary - summarize fees by account
Plan Check Statistics - show all plan checks received, completed and outstanding
‘i ,’ , .-I-
,“ti7 , .
Memorandum
Date: June 20, 1997
To: Sierra Permits Committee
From: Craig Ruiz, Management Analyst
RE: Reports 81 Documents Needed from the New System for Housing & Redevelopment
The following are the documents we would like to be generated in the new Permits system:
1. Resolutions
a. Design Review Board
b. Housing Commission
c. Housing & Redevelopment Commission
2. Conditions of Approval
a. Design Review Board
b. Housing Commission
c. Housing & Redevelopment Commission
3. Approval Letters
4. Complete Letters
I’d also like to review the documents that the Planning Department is requesting because
there is the possibility that we may desire the same things.
The following are the reports we would like to be generated in the new Permits system:
1. Planlist- this report is currently generated for the Planning Department. We would like a
similar report for the Redevelopment Agency listing the status of Redevelopment
Applications. I have attached the a sample of the report that we want to emulate.
F:Wemo\Siena OS/20197
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City of Carlsbad
PLANNING APPLICATION ROUTING
Planner
Assignment
I
Data
Entry Li:
L
Engineering 1
L
L
1
Landscape
-j
d School
I
Police Fire Community
Services
d Transit Community
Senrices
ti
Water
-7 SDG8E
Front
Counter
PLANNING I
City of Carlsbad
IMPROVEMENT PLAN CHECK ROUTING
Plan
Assignment Distribution
Plan r-l Checker Planning Water Fire Traffic
:
Distribution
ENGINEERING 1
. . .
Plan
Assignment
Plan
Checker
City of Carlsbad
GRADING PLAN CHECK ROUTING
Front
Counter
Planning
Distribution G
I _ Water
I
Distribution
ENGINEERING 2
. .
City of Carlsbad
WATER PLAN CHECK ROUTING
Distribution
Project
Engineer ’
I Reclaimed Cnnrntu / Distritytion j E; -1 iiz$
?I Landscape
Planner
WATER
*
. * .
WATER EASEMENT
ROUTING
Distribution
City
Clerk
Distribution
Recorder
Distribution
4
PERMITS PLUS
MIGRATION CHALLENGE #I
SYSTEM INTERFACES
# DESCRIPTION RESPONSIBILITY
Receive input file with County Assessor data
Currently received in tape format, need to receive
in disk format or create conversion procedure Bill B
A meeting with the Assessor is planned for July.
Assessor will send monthly parcel and ownership updates
via diskette in their standard format.
Send output file from Permits Plus to GIS system
Currently merge Assessor data with permit data
to create file for GIS system. Need to create new
program to access lnformix files. Should we review data
and make additions/deletions at this time?
Bill B
Karl
Output file will be designed by Bill and Karl
Street Lighting district assessments to County Auditor Bill B
Will continue to send street lighting from HP3000
Weed abatement assessments to County Auditor Bill B
Mike S
Weed abatement fife will be designed into Sierra system,
but it will be a future phase
Create output file with permit data for County Assessor? Mike P
We will send permit and construction data to Assessor
via a file. This will be deisigned in the Assessor meeting.
. . .
PERMITS PLUS
MIGRATION CHALLENGE #2
EXISTING CUSTOM APPLICATIONS
# DESCRIPTION PRIORITY
1
2
3
4
5
6
7
6
9
10
11
Street Lighting Districts - screens
and database - will stay on HP3000
Weed Abatement custom file in Fire Department
will move to new system in later phase
no action
no action
Business License lookup into permit system for valid Top: Priority
street names
new program will be written to send street name tile
to Business License system
Water billing lookup into permit system for valid
street names
Top Priority
new program will be written to have Water Billing
system look into permits system (but new Water Billing
program is coming soon)
Contractor report to Business License department
Report will be developed in Permits Plus
Permit menu inquiry directly into Business Licenses
User will have to log into Business License
system on HP3000
Permit menu inquiry directly into PFF / Deed/FIA
User will have to log into Clerk system on
HP3000
Valuation calculation screen
New screen will have to be designed
Menu options for updates to multiple permits
Not available in new system - have to use SETS
Custom designed inspection entry screens
Will not be done in new system
Ability to print multiple permits at one request
Not available in new system - have to use SETS
Third Priority
no action
no action
Top Priority
no action
no action
no action
12
13
14 Cashier’s report for daily balancing
Has been added to the new reports
15 Every report on departmental report menus
See Output Reports listing
16 Business License Listing
17
18
19
Street name maintenance module w/ street coding
Will become available in the GIS system
Top Priority
GE0 changes to multiple parcels Second Priority
Changes will be made in the GIS system and sent to
Permits Plus with the file
Top Priority
See Output Reports
no action
Will still need to be printed from Business License system
PFF / Deed reports
continue from existing HP3000 system
no action
CFD module (currently not connected to Sierra) Second Priority
CFD module will not be available in new system. Will
be incorporated into new system
Rentals database no action
Will not be converted - move data to Access for development
of internal system for Housing
-
TRAINING PLAN
The following tables define the list of Sierra Permit system users who require
training in the new system. This list does not include casual users who may
access the system from other City departments such as Finance, Library or
Safety Sewices. The list includes only those users who work at Community
Development or are directly involved in development activity.
The first list shows all the users, with a count, from each participating
department. The second list shows the users sorted by the type of
access/training required. The following describes the different types of training
classes which will need to be developed to meet the different business uses of
the system. Assignments to these training classes will be made at a later date.
Svstem Overview and lnauh
This class will describe the entire Sierra system and all associated policies,
procedures and workflows. The procedures and workflows should be presented
across all departments so that each student understands all the process
changes. The system structure and general navigation will be taught in this
class as an introduction to all other training. Instruction on simple inquiries and
reporting should be included. This c/ass is a p-requisite for all other training.
lnitialize and Maintain Activities
This class is geared toward front-counter and data-entry personnel. All
instructions for setting up developments, projects and activities will be covered in
this class, in addition to fee calculations and document printing. All users who
have ‘ADD’ security access must attend this class.
Plan Review
This class will cover the basic functions required for updates and maintenance
during the plan review process. The class will explain the review and routing
process, access to the approval screens, entering comments and printing
comment sheets. Administrative personnel responsible for maintenance and
oversight of the review process should also attend this session.
Inspection Maintenance
A small informal class should be held to instruct the staff responsible for
inspection requests, inspection assignment, inspection results and inspection
reporting.
USER TRAINING LIST - by Department ~- ..--- . ..~_-----~---.- _-..
NAME 1 DEPARTMENT 1 TYPE
Black, Larry Planning
Blackburn, Elaine Planning ._ _ _._~..~. - ~~_ ~- -- _ -...-- .__ ~._ ~. ; Cashier Plannrng _.. _~ _~ ._.-. - :- DeCerbo, Chns Planning
Dinsmore, Vat Planning
Fisher, Greg Planning
Gibson Jeff .._m--l----- ~-~ Green, Robert Plal ------------A ____ z!---.-
Grim, Mike - ___. _ = . Ho*r, Bobbi Plannina _--- Holzmiller, Michael _...__ -.-- _.~ .--
Planning
mng
? Planning
--..- --- -~. ~~ Planning
Planning
Planning _._ ..__ ~--.- .._ ___~~~ _ Planning
Standard
Standard
Power
Standard
‘Power -
‘Standard
Standard
Standard
Standard
Power -__-.
Inquiry -
‘Standard
Standard-
Power
t- Landers Dee AL----..-.- Planning .__-___ T. .- ..-~-. Planning
‘Standard
~- Standard
Planning
Planning
Standard
Standard
Planning Power
Planning Power ..- I_- Planning -- _. _- _ Standard
I.‘-
--_-- Wavne. Garv -A~--. z -- Planning Standard
Planning Standard .- ..____ ~--~ ~~.. ~. .-..-- ---~- Planning Standard ~~ .- -___ p-Y.__ -- PLANNING COUNT 24 --.-- Engineering-~- - -- -.~
.~ ~_-- .-.- ----- -- - I Bock, Mike Engineering _~.- -~~- Brown, Waiter .--~ -- ..-.- Engineerina
Cook, Dick Engineerin; _ _ _ . . Cratty, P3ty Engineering - - _- . Entezari, Pat Engineering _~_....._ -- . ..- -- Eu bank! Bruce
Evans, Scott
Farmer, Kathy
Federico, Joe
Gale, Jim
Engineering
Engineering -- : Engineering
Engineering __-. Engineering
Hauser, David Engineering - Howard, Sheri Engineering
Hubbs, Lloyd _ .___--- -. --- Engineering
Jacobs,. Mindy Engineering
Jimeno, Frank Engineering _~~ ..-.-- - - -.~-- _ _~ - - Johnson, Bob Engineering _ .-- py~~~f,..Ka!-!Y _ _ __~ .__- yjneering Kim, John
ivlasterson, Michele.-
tngrneering
Engineering
Page 1
-Standard
Inquiry
Standard
Inquiry
Standard
‘Standard
Power
Standard
Power . --. ‘Standard -- -Standard
‘Standard
.Standard
.Standard
Inquiry
Standard
-Standarc
Power -
Standarc
Power
-. .
Murray, Jim Engineering Standard -.--.~ .-.. --. ---~ Plouffe, Nanci Engineering Power
Quon, Ken - Engineering Standard ____..~~_ -_ ~-~ ~_ Rick, David Engineering Power _._-----. Shirey, Mike Engineering Standard
Wickham, Clyde Engineering Standard
Wieske, Derek Engineering Standard
Wojcik, Bob Engineering -Standard
ENGINEERING COUNT 28. --- --~ _- _ ~_ - ~~ Becker, Evan Redevelopment ‘Inquiry ..----- .__- Fountain Debbie ppLy..--- Redevelopment -St%dard ___~~__.__.. _~-.. ~- _--. _~ Gary, Cathy Redevelopment Inquiry -__ -___- Hines, Leilani Redevelopment Inquiry _-- -- ~~ -- -.-- Nunn, Bobbi Redevelopment Inquiry ---~ __--~-- ---- ---. Ramos, Anita ; Redevelopment Inquiry
Reception ~ Redevelopment Inquiry __-_-. --. -. Ruiz, Craig Redevelopment Power _____-__ -- _.-..--~ ~_._~~__~.~._. REDEV COUNT , 8, ____ -.---...-.---.---_-..-. ._ Abbey, Raenette ! Comm Development Power
Counter Building Power
Garrison, Ray Building Inquiry _. ._____-----.-.__ Haas, Cynde Building Inquiry
Millbrandt, John Building Power
Nedros. Barbara Comm Develooment lnauifv --.I ___. -- -- -- -----...-..I-..L. Power
A.....-- __-- ..- - ~_-~ ..-. Update --.- -.- Update --.~-.~-~ .- .~. ~------ -_-- --- Power _..-- ..-~ ._~ ~~-.- -_~~~ Inquiry ~----. --------~.-~.---_-._-- 4
Standard
Engineer 2 Standard -:. _--.. - ...~~ -- __- - .-__ Engineer 3 ! Water Standard _-__ .~ .~ --.-. --- .-- ---.- Engineer 4 : Water Standard
Godfrey, Pepper ‘Water - Standard ____~~ - - _~-. ---.-_ Manager Water Inquiry -- ---- .- - ~~~ _ Miner, Joan _ Water Power
Schuck, Sandy Water .- Power WATEd-CbU~T~----~ .-.- -..~ a
Page 2
USER TRAINING LIST - by Class -.-- ---. .~ __
IDEPARTMENT 1 CLASS NAME I Becker, Evan Redevelopment ----- - .--~ - -. Inquiry
Bock, Mike Engineering ..~.. .~-.~ - - - -- ~~------ .- -- --- ----- -... -- - Inquiry ~~~~ Cook, Dick Engineering _~_.~~.~ ..--- -. -.~ ---~~ -- -----~ ~ -~~~ ~~ ~~ Inquiry
Garrison, Ray Building ~__ -. inquiry
Redevelopment -/----..- Fire lnauirv I- , __p-d_.--- -.
Abbey, Raenette
Burke, Carol
Cashier !
-:._-- -.-.-~ -.--. -~-- Comm Development - _- ----
-~-- ______-
Counter
Dinsmore, Val -~__ -- -. Eubank, Bruce
Farme(~hy- Hoder, BobM-~-.-~-- Planning -. Johnson Diane Planning
K&r&If, Kathy --.--. _~-. -__- - Engineering
Masterson, Michele Engineering
Millbrand( John ~.~_ Building
Miner. Joan Water
I-
Peterson,-tijke ..-_ ~~-. ~.-.-- --_..-. ~- - Building
Plan&g bata Ent~~~--%%n&
Power
‘Power
-i----l Power
Power
.Pokier
-Power ..-__ -Power L Plouffe,-Nanci
Rick, David
Ruiz, Craig-
Ryge, Kris ..- Schuck, Sandy - ----
~~--- ..L Engineering -.- Engineering
: Redevelopment _-.-.. Planning
Water
+ower
Power - .- --:I Power
-Power -~
-Power -
TV-- Allen, Richard Engineering
(Aauilera. Martin
Balch, Colleen
Black, Larry
Fire
Fire
Planning
I- Blackburn, ‘Elaine -- -Planning
DeCerbo, Chns -
Engineering
Engineering
Plannina
-Standard --
Standard
-Standard
.Standard
Standard
‘Standard
-Standard
Standard
Page 1
Engineer 1 Water Standard _.-- -- Engineer 2 Water Standard Engineer 3 Water -Standard Engineer 4 Water -Standard
Entezari. Pat Engineering Standard
Evans, Scott Engineering ’ -Standard ~-
Federko, Joe -.-~-- --- - ~- ~.~. Engineering _ ~.. Standard - -. .- ~~~ Fisher, Greg Planning -.Standard . __~~~-~~. .- Fountain, Debbie Redevelopment Standard
Gale, Jim Engineering ‘Standard
Gibson, Jeff Planning Standard - - ~~-- Godfrey, Pepper Water j Standard ----. -____--- ..-. ___ Green, Robert Planning Standard --- __~__..~___ Grim Mike --2---.- Planning Standard -- -__--__---.--- --. ___ ~_ __.__ Hauser, David Engineering Standard -- -_I-- -..--.. Howard, Sheri Engineering Standard
Hubbs, Lloyd ._~_________ ~~~ --~ __._ ~ _____ ~ Engineering Standard .- ---. -__ _--- -.-- __~__~ _ --.-.__ Hunter, Brian Planning Standard --- -.- Hysong, Anne Planning ----Standard
Jimeno Frank --I- Engineering Standard . . . ________---_--__-_- -..- -. .~.. - .~~-~--~ .~ ~. -~. --.-_-- Johnson, Bob Engineering Standard -. - .--- ---- Kim John -I- Engineering Standard ---. --~-~.-.-- -- -~- ___. Landers, Dee Planning Standard ---- __.~----~---__--- - - . ..-_.~.-_-- .-__ Lynch, Van Planning Standard
Munoz, Eric . Planning Standard
Murray, Jim Engineering Standard --- Neu, Don Planning Standard ~--- ---____- _.--- -- Quon, Ken Engineering Standard
Shirey, Mike Engineering Standard .siickroaRonna~-~- -~----- -
. --!.-- Building Standard __-.-___.___..-__ Turner, Dennis Planning -. .---. -~.-- Standard
Walger, Marge Building Standard
Wayne, Gary Planning Standard
Westman, Christer Planning Standard .- ~-__. Wickham, Clyde Engineering Standard --_--.-- --.-~ ~ --.- _ ~~ WieskQerek Engineering Standard
Wojcik, Bob j Engin,&ring-~e- - ~------- ‘St~&~~w-- __ -.- Woods, Teresa : Planning Standard
Page 2
Exhibit A
SOFTWARE LICENSE AGREEMENT - INSTALLATION SERVICES FOR INFORMIX VERSION
A. SCSI shall provide the foliowing Programs and services (Basic Migration Services) relating to the “Software”:
1. Migration programs supplied to user for relocating activity types to the ‘PERMITS’PZus~ platform.
2. Migration programs to relocate ‘PERMITS’ T” history data to ‘PERMITS’ PIusm. This includes old permits, parcel data, contractor data and data tables. 3. Programs to replace periodic update programs for Contractors and Assessor’s data, when these
programs exist and were originally supplied by Sierra. 4. User Training/Technical classes for four (4) days at the SCSI site for 2 members of the agency’s staff.
5. ‘PERMZTS’PIut n software and shipping.
B.
C.
D.
SUBTOTAL A
Additional services, not included as part of the Basic Migration Services described in Paragraph A above, may be
contracted for on a time and materials basis at the hourly rates listed in paragraph “D” below. The expenses and
travel time include 4 onsite visits. These costs reflect normal and customary charges. Additional site visits if required will be charged a maximum of 6 hours for travel time per visit and normal and customary charges.
Hours Budgeted Rate Dollars Budgeted 1. Travel to and from Agency Site 20
2. Design/Review Assistance 0 3. Activity Development Assistance 60
4. Project Management 0 5. Additional Training (per day) 3 days
6. Wotldlow Assistance 0 7. DBMS Assistance 50
8. ODBC Drivers N/A
9. Document Assistance 0 10. Scripts Assistance 0 11. Reports Assistance 0
ISSystem Modifications 0
13.Estimates 0 14.Travel Expenses N/A 15.Other 20
$ 67.00
$ 67.00 $ 67.00
$ 67.00 $1.100.00
$ 67.06 $ 140.00
$ Rio $ 67.00 8 67.00
$ 67.00
$ 67.00
$ FL0
$i,740.00
0 $5,220.00
0 $3,300.00 0
$7,000.00 0
0
0
0 0
SUBTOTAL B $20,300.00
Peripheral Technologies, when added to the ‘PERMITS’Phtm system are priced independently.
cost Included Assistance Hours Dollars Budgeted
‘PERMITS’POS +” $5,000.00 No 0 0
‘PERMITS’ TmeGIS TU $5,000.00 No 0 0
‘PERMITs’Imagingr” $5,000.06 No 0 0
‘PERMiTS’Net”l $9.500.00 No 0 0
‘PERMITS’ Scan-It TY $2,000.00 No 0 0
‘PERMITS’ voice r” $5.OOO.O6 No 0 0
‘PERMITS’PDA - $2,ooo.00 No 0 0
Metto Scan Interface $2600.00 No 0 0
‘PERMITS’ DatEx m $2.00600 No 0 0
SUBTOTAL C $ 0
Sierra’s published hourly rates, effectiie Januaty 1,1997
1. Data Base/NetworWConnectiiity Assistance $140.00 Per Hour or $1,120.00 Per Day 2. Project Management/Implementation Assistance $67.00/Hour or $696.00 Per Day 3. Programming ServiceslEnhancementsModificationslTravel $60.00/Hour or $640.00 Per Day 4. Documentation/Research $&OO/Hour or 6512.00 Per Day 5. Clerical Support Services $32.00klour or $256.00 Per Day 6. Additional Onsite Training (No Expenses Included) $l,lOO.OO Per Day
t20,ooo.oo
These costs do not include Drivers, Emulators, Report Generators, Database Engines (except for Access), Computer or Networking
hardware/software. Other consulting and onsite assistance is available at our prevailing rates.
Carlsb-I 5
-
‘PERMITS’ Plus TM
AGREEMENT BETWEEN
Sierra Computer Systems, Inc., hereinafter referred to as SCSI, and City of Carlsbad, CA hereinafter referred to as User.
Executed this &day of
User must eXeCUte this agreement and return to SC
RECITALS
SCSI provides ‘PERhUTS’ Gold M “SOFIWARE MAINTENANCE” for the product listed below. Software maintenance provides both software update service and software problem resolution service. While there is no charge for updates while under annual maintenance agreement, substantial product enhancements may carry a nominal charge.
Customer
Address
City of Carlsbad
1200 Carisbad Village Dr.
City/State/Zip
Product Name :
SCSI Reference No :
Carlsbad, CA 92008
‘PERMITS’Ph*r rM
WIN97
Release No 01 or Hlgher
No. of Licenses : 32
Fee Plus Tax : $10342.12 (Includes client eerver INFORMIX option and additional ineured)
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN SCSI AND USER
GENERAL CONDITIONS OF ‘PEXMlTS’Phu N SOFTWARE MAINTEMANCE
Al .OO. HEADINGS. Headings are for convenience only and shall not be deemed to be part of this Agreement.
A2.00. MODIFICATION. No modification or variation of this Agreement shall be valid unless in writing signed by both parties.
A3.00. SEVERABILITY. If any provision of this Agreement shall be construed to be illegal or invalid. the legality or validity of any other provision hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to
have the broadest scope permissible under the law of said jurisdiction, and if no validating construction is possible, shall be severable, and all other
provisions hereof shall remain in full force and effect.
A4.00. DELAYS.
.Ol Neither party shall be liable, in damages or otherwise. for any delay in the service to be rendered hereunder, or for failure to give
notice of any delay, when such delay is due to the elements, acts of nature, acts of civil or military authorities, acts of other party which are not
provided for in this Agreement and which cause unreasonable delays in this Agreement by the other party, any delay in transportation or delay in
delivery by its vendors beyond its reasonable or actual control, or any other causes beyond the reasonable or actual control of the party. Each party’s schedule of performance shall be extended by a period of time equal to the time lost because of any such delay, provided written notice has
been given to the other patty of such delay and its estimated duration, within five (5) days of the time the party has actual knowledge of such delay.
.02. Notwithstanding the fore-going, in every case, the delay or failure to perform must be beyond the control, and without the fault or negligence of, the party claiming excusable delay.
A5.00. STATEMENT OF WORK.
.Ol. SCSI agrees to perform Software Maintenance. while there is no charge for ‘PERMITSPlus N updates while under this annual
maintenance agreement, substantial product enhancements will be offered under a separate Agreement.
.02. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to
vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both User and SCSI.
Carlsb-m USER k@\ SCSI&
63. SCSI shall provide User with consultation by telephone to assist the User in software problem resolution, during SCSls normal
working hours.
64. SCSI shall provide User with remedial maintenance of software to substantially conform the software to SCSl’s published program
specific&ion for that rek?aSe level of SOfhME identified in the most current release. SCSI shall, within a reasonable time period, supply computer
program code to correct any reproducible error provided that SCSI’s diagnostics indicate that such non-conformity or error was in existence during the subscription period or during the initial Warranty Period extended to the User in the purchase agreement for SCSI software,
.06. Suspected eKOr conditions will be investigated and corrected by SCSI personnel at SCSI’s offices to the extent possible. Onsite corrections shall be at the exclusive judgment of SCSI at no additional cost to the User, User may, however, request that SCSI conduct such
investigations and travel to the location of the User at the User’s request. If SCSI, in its reasonable judgment, determines that the suspected error
condition was attributable to a cause other than an error in SCSl’s software or an enhancement by SCSI, the User will pay for SCSI’s efforts on a time and materials basis, as well as reasonable travel and subsistence expenses incurred by SCSI.
.06. SCSI may provide the User with unsolicited error corrections or changes to the software, without additional charge, which SCSI
determines are necessary for proper operation of its software, and User shall incorporate these corrections or changes into the software within 180
days of release by SCSI. SCSI will provide all documentation changes necessary as a result of changes to the software.
.07. SCSI will provide User all enhancements released by SCSI as standard enhancements, and which a’m generally made available to
other users purchasing comparable software during the term of this Agreement.
A6.00. TERM OF AGREEMENT.
.Ol. The term of this agreement shall commence upon the execution of this agreement if maintenance coverage is paid for User’s existing
version of ‘PE.RMITSTM through June of 1998. The User will receive maintenance coverage for both products for the cost of existing maintenance
through June 30 of 1998. Thereafter, this Agreement may be renewed on a yearly basis on July 1 of each year if mutually agree upon by both
parties.
.02. Payment for software maintenance services must be paid yearly in advance. User may not skip any period and then resubscribe to
User support at a later date without paying the fees missed. No refunds will be paid for unused support for Users who terminate support.
.03. Custom programming/consulting or additional software problem resolution service, will be billed in addition to yearly software maintenance and will be billed at SCSI prevailing rate.
94. Exclusive, however, of income taxes based on the income of SCSI, which taxes shall be paid by SCSI, User agrees to pay any tax for which it is responsible hereunder, or which is assessed against User directly. and, if any such tax is paid by SCSI, to reimburse SCSI therefore upon
receipt by User of proof of payment. Sales tax will be charged on 50% of the fee.
,061. Total payment for software problem resolution service and software enhancements under the terms of this Agreement shall not
exceed $10,167.50 per year unless approved in writing by both parties. Plus sales tax for California $374.62 for a grand total of $10542.12
A7.00. RELATIONSHIP OF PARTIES.
.Ol. At all times during the term of this Agreement, SCSI shall be an independent contractor and shall not be an officer, agent, or
employee of User. User shall have the right to control SCSI only insofar as the result of SCSI services rendered pursuant to this Agreement.
.02. Nothing contained in this Agreement shall be deemed to create a partnership or joint venture. Neither party shall incur any debts or make commitments for the other party.
A8.00. SYSTEM SECURITY AND ACCESS.
.Ol . Each party acknowledges that all information concerning the other party is “Confidential and Proprietary Information”. Each party
agrees that it will not permit the duplication, use or disclosure of any such Confidential and Proprietary Information to any person (other than its own employee who must have such information for the performance of obligations under this Agreement), unless authorized in writing by the other party
or as required by law.
.02. No information, repolts, documents or any other materials given to or prepared by SCSI, or to which SCSI has access by reason of Agreement, shall be made available to any indiviiual or organization other than User or User’s employees without the prior written approval of the
User except as required by law.
.03. All financial, statistical, personnel, technical, and other information or data relating to the User, which is designated confidential by the
User but made available to SCSI in order to carry out this Agreement, will be protected by SCSI from unauthorised use and disclosure. SCSI shall
also observe the same or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI shall instruct its
personnel to keep such information confidential. SCSI shall not be required to keep confidential any data or information which is or becomes publicly available.
Carlsb-m 2 USER i&CSI i(
; A9.00. HOLD HARMLESS CLAUSE.
.Ol. During the term of this Agreement SCSI will use its best efforts to maintain the software free of defects and imperfections that would
prevent the software from performing according to the original or then prevailing specifications set forth in SCSI’s published material. Except for any
express warranty contained herein, SCSI makes no warranty of any kind whatsoever, either express or implied, including without limitation, and
express or implied warranties of merchantability and/Or fitness for a particular purpose. The express warranty and exclusive remedy stated herein is
in lieu of all liabilities or obligations of SCSI for damages arising out of or in connection with the delivery, use, or performance of the software or breach by SCSI of any tefl’n Of this Agreement. In no event shall SCSI have any obligation or liability for damages, whether direct, incidental,
consequential, or of any other natUra whatsoever, even if SCSI has been advised of the possibility of such damages.
AlO.OO. USERS INSTRUCTION.
.Ol. SCSI shall be responsible for ensuring that its employees, servants, and agents will, whenever on User’s premises, obey all reasonable instructions and directions issued by User.
.02. Unless otherwise agreed by the parties, SCSI personnel, while working on User’s premises, shall observe the working hours, working
rules and holiday schedules of User applicable to such User premises. User agrees to provide reasonable working space, resources and materials
which are necessary for the performance of services under this Agreement, provided, however, that such working space, resources and/or materials are agreed upon by User for such services and the use of any such working space, resources and/or materials is arranged so as to minimize any
disruption to User’s normal business operations.
.03. User agrees that all enhancements provided by SCSI shall be the exclusive property of SCSI pursuant to the previous SCSI Software
License Agreement.
94. User will be responsible for maintaining the computer hardware, communications equipment, telephone lines, cabling, modems, and
all other hardware equipment. User will make available computer time for the testing and maintenance of software. User will make available all
necessary supplies such as paper, magnetic tape, and disk packs.
.05. Software service requires the installation by the User of any Bell 212compatible autoanswer 4800 baud (minimum) modem, PC
Anywhere software or similar product approved by SCSI at User expense. This device will permit SCSI to effect software diagnostics, changes, and corrections from a remote location, when appropriate.
96 Maintenance service is provided during SCSI’s normal forty (40) hour work week. Certain critical conditions may exist which require
work outside these hours, and SCSI will make a best effort to respond. However, SCSI reserves the right to provide a price quotation and estimate
of time for service requested by the User which requires substantial work outside SCSl’s normal working hours.
Al 1.00. COMPLIANCE WITH LAWS.
.Ol. SCSI agrees to comply with all laws. regulations, rules and guidelines of the Federal, State and Local jurisdictions and any agency
thereof governing SCSI and its operations.
.02. This Agreement shall be governed and construed under the laws of the State of California. Any acbon to enforce the provisions of
this Agreement shall be filed in a court located in the County of San Diego, California.
.03. There shall be no discrimination on the basis of race, sex, religion, or national origin against any person employed by SCSI for the performances of services herein described.
94. The User has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that SCSI will not be required to file a conflict of interest statement as required of this agreement. However, SCSI hereby acknowledges that SCSI has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases SCSI from this responsibility.
A12.00. WARRANTIES. SCSI warrants and represents that it has full authority to enter into this Agreement and to consummate the transaction
contemplated hereby and that this Agreement is not in conflict with any other agreement to which SCSI is a party or by which A may be bound.
A13.00. TERMINATION.
.Ol This Agreement automatically terminates on June 30th each year, and is subject to renewal only if mutually agreed upon.
Al4.00. WAIVER.
.Ol It is expressly understood and agreed that no waiver granted by the User for any violation of any covenant, term or condition of this
Agreement shall be construed to constitute a waiver of the same of any further violation without the prior written approval of the User.
Al 5.00. ASSIGNMENT AND DELEGATION.
.Ol. User shall not assign, sublet or transfer any interest in or duty under this Agreement without the written consent of SCSI.
.02. SCSI cannot assign, sublet or transfer interest without written notification to USER.
Carlsb-m 3 USER #.\ SCSI a&
-
A18.00. RESOLUTION OF DISPUTES.
.Ol tt is anticipated that disputes between SCSI and the User will be res&ed b&Wf+n the pa&s. The part& agree that in attempting to
resolve disputes they will act promptly, reasonably, and in good faith.
A17.00. NOTICE. All notices, @oueSt% demands and other communication shall be in writing and sent by register& mail, c&i&d mail or hand
delivery, addressed to the party’s pnncipal place Of business herein written. Either party may by notice in writing, &ret3 that future notices, requests,
or demands be sent to a different address. Notices given by personal delivery shall be deemed given at the time of a&al delivery.
SCSI Sierra Computer Systems, Inc.
I 731 West Walnut Avenue Visalia, California 93277
USER City of Carlsbad
I.S. Director
1200 Carlsbad Village Dr. Car&bad, CA 92008
A18.00. SCSI INSTRUCTIONS
.Ol SCSI shall be responsible for delivery of the ‘Software’ Source Code of ‘PERMZTS’Pltu n to SCSI’s escrow account. Source code
for those modules will be made available from the escrow agent to User if: a) The most current version of the “Software” is not supported.
In such case if User is actively covered under this Agreement, copies of the ‘Software’ (most current version) will be provided to the User under the
terms of this Agreement. The Source Code for all these modules created by SCSI will be made available for a fee equal to the total License fee paid by the User to SCSI. User has unrestricted access to the ‘Software’ it has accepted from SCSI. However, User is bound by the original terms of their
License Agreement and may not transfer the Software’ under any terms.
A19.00. INSURANCE
.Ol. SCSI shall maintain automobile liability insurance in the amount of $1 ,OOO.OO combined single-limit per accident for bodily injury and
property damage, and shall name the User as additional insured.
User hereby acknowledges that User has read this Agreement understands it and agrees to be bound by its terms and conditions. User further agrees that it is the complete and exclusive Agreement between User and SCSI relating to the subject matter of this Agreement. User acknowledges receipt from SCSI of a true copy of this Agreement.
IN WITNESS WHEREOF,~~/J%J% ve executed this Agreement as of the day and year first above written.
SCSI
By:
Typed:
USER
By:
Typed:
k
Robert Aushemran, President
Sierra Computer Systems, Inc. 1731 West Walnut Avenue
Visalia, California 93277
City of Carlsbad
1200 Cartsbad Village Dr.
Carlsbad, CA 92008
Carlsb-m USER A$?&- SCSI l&ii
* ‘,
.e
-
‘PERMlTS’Plus - VERSION
AGREEMENT BETWEEN
Sierra Computer Systems. Inc., hereinafter referred to as SCSI, and City of Car&bad. CA hereinafter referred to as User.
Executed thisl&day ofkf 1997.
User must execute this agreement and return to SCSI by July 31, 1997 to be valid.
RECITALS
SCSI provides the ‘PERMITS’Phu m System, hereinai?er referred to as “Software”.
SCSI provides this “SOFTWARE” and licenses its use.
: City of Carlsbad
: 1200 Carlsbad Village Dr.
City/State/Zip : Cartsbad, CA 92008
Product Name : ‘PaFRMITs’Phu-
SCSI Reference : WIN97
Release No. : 01 or Higher
No. of Licenses : 32
Fee : $2O,OOOBO (Includes Client Server lnformix version)
TERMS AND CONDITIONS OF AGREEMENT BETWEEN SCSI AND USER
GENERAL CONDITIONS OF ‘PERMITS’Plus ‘Iw LICENSE
A1.OO. HEADINGS. Headings are for convenience only and shall not be deemed to be part of this Agreement.
A2.00. MODIFICATION. No modification or variation of this Agreement shall be valid unless in writing signed by both parties.
A3.00. SEVERABILITY. If any provision of this Agreement shall be construed to be illegal or invalid, the legality or validity of any other provision
hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have the broadest scope permissible under the law of said jurisdiction, and if no validating construction is possible, shall be severable, and all other
provisions hereof shall remain in full force and effect.
A4.00. DELAYS.
.Ol Neither party shall be liable, in damages or otherwise, for any delay in the installation and implementation of the “Software” or any
component thereof or any service to be rendered by it hereunder, or for failure to give notice of any delay, when such delay is due to the elements, acts of nature, acts of civil or military authorities, acts of the other party which are not provided for in this Agreement and which cause unreasonable
delays in this Agreement by the other party, any delay in transportation or delay in delivery by its vendors beyond its reasonable or actual control, or
any other causes beyond the reasonable or actual control of the patty. Each party’s schedule of performance shall be extended by a period of time equal to the time lost because of any such delay, provided written notice has been given to the other party of such delay and its estimated duration, within five (5) days of the time the party has actual knowledge of such delay.
.02. Notwiihstanding the foregoing, in every case, the delay or failure to perform must be beyond the control. and without the fault or
negligence of, the party claiming excusable delay.
A5.00. PAYMENT.
.Ol. The sum of $20,000.00 for the “Software” services shall be paid in two installments, the first $lO,OOO.OO within 45 days after receiving
migration programs. The balance $1 O,OOO.OO within 12 months of the execution of this agreement or within 45 days after going live with ‘PERMITS’ 7-M
.02. User agrees to pay any tax for which it is responsible hereunder, or which is assessed against User, exclusive however, of income
taxes based on the income of SCSI. If any such tax is paid by SCSI, to reimburse SCSI therefore upon receipt
Carlsb-I 1
.03. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all
preliminary negOtiatiOnS and agreements Of whatsoever kind or nature are merged herein. No verbal agreements or implied covenant shall be held
to vary the provisions hereof. Any modification Of this Agreement will be effective only by written execution signed by both User and SCSI.
~34. This LiCeftSe fee illCtU&S lnstaflation Services as specified in Exhibit A..
A9.00. PATENT AND COPYRIGHT INDEMNITY.
.Ol. SCSI agrees to defend, hold harmless and indemnify User from and against any claim, action, liability, cost or damage for
infringement of any Patent, copyright or similar property riiht (including, but not limited to, misappropriation of trade secrets) based on any software or any other materials furnished hereunder by SCSI. SCSI shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise, unless otherwise mutually agreed to in writing by the parties hereto.
A7.00. RElATIONSHIP OF PARTIES.
.Ol. At all times during the term of this Agreement, SCSI shall be an independent contractor and shall not be an officer, agent, or
employee of User. User shall have the right to control SCSI only insofar as the result of SCSI services rendered pursuant to this Agreement.
.02. Nothing contained in this Agreement shall be deemed to create a partnership or joint venture. Neither party shall incur any debts or make commitments for the other party.
A8.00. “SOFTWARE” SECURITY AND ACCESS.
.Ol. Each party acknowledges that all information concerning the other party is “Confidential and Proprietary Information”. Each party agrees that it will not permit the duplication, use or disclosure of any such Confidential and Proprietary Information to any person (other than Is own
employees and agents who must have such information for the performance of obligations under this Agreement), unless authorized in writing by the
other party, as allowed by statute.
.02. All financial, statistical, personnel, technical, and other information or data relating to the User, which is designated confidential by the
User but made available to SCSI in order to carry out this Agreement, will be protected by SCSI from unauthorized use and disclosure. SCSI shall
also observe the same or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI will instruct its personnel to keep such information confidential. SCSI shall not be required to keep confidential any data or information which is or becomes
publicly available, is already rightfully in SCSl’s possession, is independently developed by SCSI outside the scope of this Agreement, or is rightfully obtained from third parties.
A9.00. USERS INSTRUCTION.
.Ol. SCSI shall be responsible for ensuring that its employees, servants, and agents will, whenever on User’s premises, obey all reasonable instructions and directions issued by User.
.02. Unless otherwise agreed to by the parties, SCSI personnel, while working on Users premises, shall observe the working hours, working rules and holiday schedules of User applicable to such User premises. User agrees to provide reasonable working space, resources and materials which are necessary for the performance of services under this Agreement, provided, however, that such working space, resources and/or
materials are agreed upon by User for such services and the use of any such working space, resources and/or materials is arranged so as to minimize any disruption to User’s normal business operations.
.03. User shall be responsible for the input of all data into the computer memory and for reconciliation and accuracy of that data and for taking such administrative steps necessary to input that data. SCSI shall sup&r programs and services as desicribed in Exhibit A.
94. Any (i) modification, change, addition or substitution to the ‘Software” made by User, (ii) any interfacing of the “Soflware” with any
other program or programs, or (iii) any change in the operating environment of the “Software” may degrade the performance of the “Soflware”. User
acknowledges that any such modification, interfacing or change shall be made at the sole request and expense of User and that SCSI shall have no
responsibility for any consequences thereof.
Al 0.00. SCSI INSTRUCTIONS
.Ol. SCSI shall be responsible for delivery of the most current verson Licensed Software Source Code to SCSl’s escrow account.
Licensed Software Source code will be made available from the escrow agent to User if:
a) The most current version of the “Software” is not supported by SCSI.
In such case, copies of the Software written by SCSI and documentation will be provided to the User under the terms of this agreement. Source
Code (most current version) will be made available for a fee equal to the License Fee ( The License Fees for 32 users is $12.49500). User has unrestricted access to all software it has accepted from SCSI, but may not transfer source code or documentation to any other agency, commercial or private business under any conditions.
Al 1 .OO. APPLICABLE LAW.
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.Ol. This Agreement shall be governed and construed under the laws of the State of Califamia. Any action to enforce the provisions of
this Agreement shall be filed in a court IOCbd in the State of California.
A12.00. SOFIWARE LICENSE.
.Ol SCSI grants and User accepts upon the terms and conditions contained herein, non-exclusive, non-transferable, perpetual license to
unlimited use of “Software” solely for Ur&s own PuIpOSeS. The license granted under this Agreement authorizes User to use the “Software” in
machine readable form by 32 WnCUtTent users. The “Software” shall include in its meaning, documentation and technical information provided to User in written form for use in connection with the software.
.02. SCSI warrants that it has good title to such “Software” and that User will have undisturbed use of the “Software” in accordance with
the terms of this Agreement.
.03. User expressly agrees that it will not sell, lease, assign or in any way transfer, such “Software” or any rights herein to any person,
partnership, corporation or other entity.
94. User shall include and shall not alter, remove or conceal, any copyright, trade secret or other proprietary notices on the “Software”.
.05. Title and ownership to the “Software” and Intellectual Property Rights is not hereby nor in any other way transferred to User. User
acknowledges that SCSI retains the exclusive right to sell, lease, license, assign, or otherwise transfer the “Software” (and any module thereof) and that SCSI may enter into similar or identical conveyances of similar or identical rights with other SCSI clients.
96. Intentionally left blank.
.07. The User acknowledges that the “Software” contains valuable proprietary information and trade secrets and that unauthorized dissemination of the “Software” Programs (including, without limitation, disassembly, decompiling or reverse engineering) could cause irreparable
harm to SCSI.
.08. The User shall not make copies of the “Software” except that reserve copies of a magnetically recorded “Software” that is delivered on tape or magnetic disk media may be made to protect against “Software” destruction for back-up procedures.
.09. The User may copy documentation for its own use provided that copyright and other proprietary notices on any copies are made in
accordance with SCSI or its supplier’s instructions.
.lO. Other Agencies in your Countv, as defined by SCSI, may purchase a three user concurrent license for a fee of $5.49590 plus any
applicable sales or use tax. This license can be used on User system or on the new agencies own system. Any increases to the number of licenses
will be charged at the then prevailing rate. The new agency will be required to maintain a separate Maintenance Agreement with SCSI. Any implementation services required of SCSI will be charged at SCSls then prevailing rate. This option is available through July of 1997 unless
extended in writing by SCSI.
Al 3.00. WARRANTIES.
.Ol SCSI warrants and represents that it has full authority to enter into this Agreement and to consummate the transaction contemplated
hereby and that this Agreement is not in conflict with any other Agreement to which SCSI is a party or by which it may be bound.
.02. SCSI warrants that the “Software” will meet all advertised specifications in our manuals.
.03. The software provided by SCSI under this Agreement is warranted to be free from reproducible defects through June 30 of 1998. All material and labor to repair any such defects will be provided free of charge for the full warranty period.
This warranty is void if:
(a) The “Software” is used in other than it!r normal customary manner;
(b) The “SotMare” has been subjected to misuse; (c) The “Software” has been subjected to modifications initiated by the customer without the express prior wnsent and written approval of SCSI.
.04. The HP 3000 version of ‘PERhUTS’ly~ IS also covered under maintenance through June 30, 1998.
Al4.00. WAIVER.
.Ol. It is expressly understood and agreed that no waiver granted by User for any violation of any covenant, term or condition of this
Agreement shall be construed to constitute a waiver of the same or any further violation without the prior written approval of the User.
Al 5.00. RESOLUTION OF DISPUTES.
.Ol It is anticipated that disputes between SCSI and the User will be resolved between the parties. Disputes or questions of interpretation
may be referred to a committee composed of representatives from SCSI and the User. The parties agree that in attempting to resolve disputes they
will act promptly, reasonable and in good faith.
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~16.00. NOTICE. All notices. requests demands and other communication shall be in writing and sent by registered mail, certified mail or hand
delivery, addressed to the Party’s PnnciPal Place of business herein written. Either party may by notice in writing, direct that future notices or
requests, or demands be sent to a different address. Notices given by mail shall be deemed given upon deposit in the United States mail. Notices
given by hand delivery shall be deemed given at the time of actual delivery.
SCSI Sierra Computer Systems, Inc. I 731 West Walnut Avenue Visalia, California 93277
USER City of Cartsbad IS. Director
1200 Carlsbad Village Dr, Carlsbad. CA 92008
User hereby adtnowkdges that User has read this Agreement, understands it and agrees to be bound by its terms and conditions. User further agrees that it is the complete and exclusive Agreement between User and SCSI relating to the subject matter of this License.
5 fromzreement.
User acknowledges
Typed: Robert Ausherman, President Sierra Computer Systems, Inc. 1731 West Walnut Avenue
USER
By:
Typed: 1260 Carl&ad Village Dr. Carlsbad. CA 92008
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EXHIBIT 1
RESOLUTION NO. 97-547
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE A CONTRACT BETWEEN THE CITY OF CARLSBAD
AND SIERRA COMPUTER SYSTEMS, INC.,
TO PURCHASE PERMITS PLUS SYSTEM
WHEREAS, in April 1997, the City Council approved purchase of the Sierra
Permits Plus Software system; and
WHEREAS, staff negotiated a contract with Sierra Computer Systems, Inc., to
include purchase of the software and provision of implementation assistance; and
WHEREAS, purchase of a new permits system is included as part of Phase 6 of
the overall Financial Information System Project; and
WHEREAS, funds are currently available in the Financial Information System
Project budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor of the City of Carlsbad is authorized to sign the contract
between the City of Carlsbad and Sierra Computer Systems, Inc.
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t AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
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EXHIBIT1
3. That staff is authorized to proceed with the purchase and implementation
of the Sierra PERMITS Plus System.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
on the 22nd day of July , 1997, by the following vote, to wit:
NOES: None
ABSENT: None
ATTEST:
EETHA L.
/ Q*-&-&-
RAtiTENKRANZ, City Clerk
(Seal)
July 29, 1997
Mr. Robert Ausherman, President
Sierra Computer Systems, Inc.
1731 W. Walnut Avenue
Visalia, CA 93277
CONTRACT FOR PURCHASE OF PERMITS PLUS
Thanks so much for your patience and cooperation during the flnalization of the contract
for the purchase of “PERMITS Plus”. We received Council approval on July 22, 1997,
and have enclosed the following documents:
1. Copy of Council Resolution No. 97-547, approving the contract.
2. One fully-executed original Software License Agreement.
3. One fully-executed original Software Maintenance Agreement.
4. Schematic of our computer network.
5. The completed “Sierra Migration Workbook”.
If we have failed to provide some information that you need, please don’t hesitate to call.
We look forward to the successful implementation of Permits Plus at the City of
Carlsbad, and to continuing the positive working relationship with your firm.,
Information Systems Director
lr
Enclosures
1200 Carlsbad Village Drive - Cartsbad, California 92008-l 989 - (760) 434-2808 @