HomeMy WebLinkAboutHANSEN INFORMATION TECHNOLGIES
SOFTWARE LICENSE AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into as of the :J..r day of
July 2005 (the Effective Date") by and between Hansen Information Technologies, Inc.
("Hansen") a California corporation having corporate offices at 11092 Sun Center Drive, Rancho
Cordova, CA 95670, and Augusta, Georgia, a political subdivision of the State of Georgia
("Licensee"), with its place of business at 530 Greene Street, Augusta, Georgia, U.S.A., 30911.
This contract will operate in accordance with Augusta, GA RFP 04-114 and any item herein
outside of such must be completed as in contract or be subject to penalty clause. In case of
conflict between the original RFP and this contract, this contract shall supersede all previous or
contemporaneous negotiations, commitments and writings with respect to matters set forth
herein. It may only be modified in writing and must be signed by authorized representatives of
both parties.
Recitals
WHEREAS, Hansen owns the rights and possesses the intellectual property to certain computer
Software products and related services from which Hansen derives substantial independent
economic value; and
WHEREAS, Hansen has the capability and desires to provide Software licensing and related
services to the Licensee; and
WHEREAS, the Licensee desires to obtain licensing for the use of the defined computer
Software products and access to related services covered under the Hansen-owned copyrights,
trademarks, trade names, patents and intellectual property rights solely in accordance with terms
and conditions set forth in this Agreement:
NOW THEREFORE, the parties hereto agree as follows:
/
1.0 DEFINITIONS
1.1. "Agreement" means this Agreement, together with all appendices, exhibits, schedules,
attachments, and addenda as the same may be amended, modified or supplemented.
1.2. "Software" means the computer programs, in object or executable form, which Hansen
offers for license to its customers, and related user documentation and source materials.
Products covered by this Agreement include Hansen's product library of Microsoft
Windows-based client/server asset management, billing, tax and permit systems
satisfying the requirements described in Attachment 1, attached hereto and made a part
hereof, and other associated products and related services as may be included in this
Agreement or as part of any future addenda. For the purposes of this Agreement, the
term "products" includes any improvements, enhancements, changes, alterations,
modifications, or amendments to the products provided by Hansen.
1.3 "Object Code" means a collection of statements making up a Software program, whether
in written form or in magnetic or other machine-readable form, and characterized by the
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SOFTWARE LICENSE AGREEMENT
1.3 "Object Code" means a collection of statements making up a Software program, whether
in written form or in magnetic or other machine-readable form, and characterized by the
fact that, in written form, it consists solely of numbers or other symbols and is not
intelligible without deciphering or translation.
1.4 "Source Code" means a collection of statements making up a Software program, whether
in written form or in magnetic or other machine-readable form, and characterized by the
fact that it is intelligible in written form.
1.5 "Source Materials" means a computer program's source code; printed copies (listings) of
the source code; all related written materials, comments, and documentation; database
schemas, and any and all other materials used by Hansen in the development,
maintenance, and support of the products.
1.6 "Price Quote" means the listing of Hansen products, services and associated prices to be
provided under this Agreement, attached to this Agreement as Attachment 2.
1.7 "Software Tools" means a set of auxiliary programs supplied by Hansen to servIce,
maintain or otherwise modify the Software.
1.8 "Proprietary Information" means any information related to the above-stated purpose
which is identified as proprietary information, including, but not limited to, technical
information in the form of designs, concepts, requirements, specifications, software,
interfaces, components, processes, and also business and financial information, or the
like.
2. LICENSES
2.1 Hansen grants to Licensee and Licensee agrees to accept on the following terms and
conditions a non-exclusive and non-transferable license to use the Software and other
associated written materials and documentation (referred to separately and collectively as
"the Software"). Said Software, and the costs therefore, is described on Attachment 2
incorporated in and made a part of this Agreement and such other Software,
documentation or materials as Hansen provides Licensee.
Hansen grants Licensee the following rights provided Licensee complies with all terms
and conditions of this Agreement:
a. Installation - Server Software. "Server Software" provides services or
functionality on Licensee's server (Licensee's computers capable of running
Server Software are "Servers"). Licensee may install and use one copy of the
Server Software on a single processor. Licensee may also install a Training and
Test instance, but only one Production instance.
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SOFTWARE LICENSE AGREEMENT
If the Server Software is used on a Server that fails, Licensee may use the Server
Software on a temporary basis on a Server that is employed only for fail-over
support.
b. Server Client Access License (HCAL'') Requirements. CALs that Licensee
acquires may be used in conjunction with any of Licensee's Server Software.
Licensee must acquire a separate CAL for each User that accesses or otherwise
utilizes the services of the Server Software.
Hardware or software that reduces the number of Users directly accessing or
using the Server Software does not reduce the number of required CALs. The
number Licensee needs is based on the number of distinct inputs to the hardware
or software "front end'.
Version Matching. Any CAL must have the same or later version number than
the corresponding version number of the Server Software being used.
c. Reservation of Rights. Hansen reserves all rights not expressly granted to Licensee
regarding Server and End User License Agreement.
d. Downgrades. Instead of installing and using the Server Software, Licensee may
install and use one copy of an earlier version of the Server Software on a single
Server, provided that the Licensee completely removed such earlier version and
install the original Server Software within a reasonable time. Licensee's use of
such earlier version shall be governed by this Agreement and the Licensee's rights
to use such earlier version shall terminate when Licensee installed the original
Server Software.
2.2 Licensee recognizes that Hansen is and shall continue to be the owner of the Software
and that the Software is not rented, loaned, or sold to Licensee. All rights not specifically
granted in this Agreement are reserved to Hansen.
2.3 The license under this Agreement authorizes Licensee to use the Software subject to the
terms and restrictions set forth in this Agreement. Neither this License Agreement, the
license provided for herein, nor the Software may be assigned, sublicensed, or otherwise
transferred to any person or entity by Licensee. Licensee may license additional software
in the future utilizing this Agreement.
2.4 Licensee shall not copy the Software except as expressly authorized herein; provided that
Licensee may make as many copies as reasonably necessary for archival and back-up
purposes. All trademark, copyright and proprietary rights notices must be faithfully
reproduced by Licensee and included on such authorized copies. Licensee may copy
limited documentation for its internal training, management, and process control
purposes. Licensee may move the Server Software to a different Server.
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2.5 To use a Product identified as an upgrade, Licensee must first be licensed for the product
identified by Hansen as eligible for the upgrade. After upgrading, Licensee may no
longer use the product that formed the basis for Licensee's upgrade eligibility.
2.6 This Agreement applies to updates or supplements to the original Product provided by
Hansen, unless other terms are provided along with the update or supplement. The
Product may contain certain Modules (each, a "Module") that included a separate end
user license agreement (a "Module Agreement". The terms of any Module Agreement
are herein incorporated by reference to this Agreement; in the event of any
inconsistencies between this Agreement and any Module Agreement, the terms of this
Agreement shall control. Each assigned user will require a CAL. During the term of this
Agreement, Hansen grants Licensee the right to acquire Licenses to additional application
packages offered by Hansen, upon payment of the applicable license fees. In the event
Licensee elects to exercise its rights to acquire Licenses to one or more of the additional
application packages, the terms of the License for such additional application packages
shall be as set forth in this Agreement.
3. PAYMENT / FINANCIAL CONSIDERATIONS
3.1 In consideration of the license granted to Licensee by this Agreement and the services set
forth in the System Requirements described in Attachment 1, Licensee shall pay to
Hansen the fees and expenses as set forth in Attachment 2. The total amount paid by
Licensee shall not exceed this Fee unless approved by Licensee in writing.
3.2 Labor costs, costs associated with subcontract work, bonding costs, and direct expenses
such as printing, meter rental, telephone and commercial computer software are included
in the maximum compensation. Hansen will invoice Licensee for services (including
installation, customization, training and additional services) as detailed in Attachment 2.
3.3 Prior to the making of this contract, Hansen shall have obtained a performance bond in
the amount of $420,000.00 (four hundred twenty thousand dollars). Proof of the
acquisition of the bond shall be provided to the Licensee and attached to the contract as
Attachment 10.
3.4 Hansen will invoice thirty percent (30%) of the total contract amount upon contract
signing, forty percent (40%) upon software installation, and the balance will be invoiced
at Project Acceptance as detailed Attachment 3. Payment will be due upon receipt of
InVOIce.
4. PROFESSIONAL SERVICES
4.1 Licensee hereby retains Hansen and Hansen hereby agrees to perform certain
Professional Services as set forth herein. The project will consist of the delivery of the
Software, installation, implementation, data conversion analysis, scope requirement
analysis (financials), GIS Consultation, and training, as specified in Attachment 2 and
Attachment 3.
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SOFfW ARE LICENSE AGREEMENT
4.2 Professional Services fees are provided in Attachment 2. Professional Services will be
invoiced according to the project schedule and milestones found in Attachment 3.
4.3 Payment shall be made within thirty (30) days of invoice. Licensee will make every
effort to pay all invoices as expediently as possible.
4.4 Hansen agrees to provide the services of Melissa Oliver as Project Manager for Licensee
while in the employment of Hansen in the capacity of project manager. Hansen further
agrees that the Licensee has the right, acting reasonably, to terminate the use of, and
request Hansen to replace any employee of Hansen assigned to the Licensee who does not, in
the sole opinion of the Licensee meet the Licensee's requirements. Likewise, if Ms. Oliver's
position or job should change through promotion or other means (other than reassignment to
another project not at the request of Licensee) Licensee agrees to work with a qualified
replacement candidate for the remainder of the project.
5. PROPRIETARY INFORMATION AND OPEN RECORDS
5.1 Licensee acknowledges that the Software, the Documentation and other information
relating thereto (including all customizations and modifications developed for Licensee)
disclosed to Licensee pursuant to this Agreement are owned by Hansen and include trade
secrets and other confidential and proprietary information of Hansen, and Licensee shall
maintain in confidence and not disclose the same, directly or indirectly, to any third party
without Hansen's prior written consent or pursuant to Court order.
5.2 Licensee shall make no attempt to reverse compile, disassemble, or otherwise reverse
engineer the Software or any portion thereof. These obligations of confidentiality shall
survive termination of the license granted herein.
5.3. Licensee shall not create, or allow any other person or entity to create, any derivative
work or product based on or derived from the Software, data model or documentation or
modify any Software, data model, or documentation without the prior written consent of
Hansen. Licensee acknowledges that the Software and related output are trade secrets of,
and proprietary to, Hansen. Licensee agrees not to: (i) use any of the Software and
related output except in accordance with the terms of this Agreement, (ii) disclose any of
the Software and related output to any other person, or (iii) allow any other person to
inspect, use or copy any of the Software and related output.
5.4. Licensee acknowledges and recognizes that the Software; including, but not limited to
Object and Source Codes, and Source Materials, and all associated intellectual property
rights are the property of Hansen and that Hansen holds the copyright interests therein,
. the Programs and Documentation being treated as unpublished works. Licensee also
recognizes and acknowledges the trademarks, trade names, copyrights, patents,
intellectual property and trade secrets of any proprietary software utilized within or in
connection with the Software (e.g. Oracle). Licensee and its employees agree to
cooperate in good faith to secure and preserve Hansen's right and title to the trademarks,
trade names, copyrights, patents, intellectual property and trade secrets. Licensee and its
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SOFfW ARE LICENSE AGREEMENT
employees understand: (1) that Hansen's trademarks, trade names, copyrights, patents,
trade secrets and intellectual property have independent economic value, (2) that the
independent economic value derives from the fact that Hansen's information is not
generally known to the public nor known to Hansen's competitors or others in the public
works Software field, (3) that this Agreement to maintain Hansen information secrecy is
reasonable, and (4) that they owe a duty to Hansen to maintain and protect secrecy.
5.5. Licensee and its employees expressly agree to retain in confidence all information,
formula, compilations, programs, methods, techniques, processes, ideas and concepts
imparted by Hansen regarding the trade secrets of Hansen, including but not limited to,
Hansen's data element dictionary, data definition language, data model, technical and
instructional manuals, documentation, descriptions, computer screens, reports, table
codes, forms, schema, flow diagrams, instructions and any other information provided by
Hansen to Licensee.
5.6. Licensee agrees to limit its use of any knowledge obtained from Hansen to those
activities covered under the terms of this Agreement. Specifically, Licensee and its
employees are explicitly prohibited from the design, development, or reverse engineering
of any product. Licensee also is explicitly prohibited from modifying, changing,
customizing, improving, or enhancing Hansen's products. Furthermore, Licensee
understands that any individual characteristic or component supplied by Hansen, each of
which, by itself, may be in the public domain, but is contained in the unified Hansen
process, design and operation of its products, represents a unique combination and
affords a competitive advantage and is a protectable secret.
5.7. Hansen's products are copyrighted by Hansen. Except as provided for herein, Licensee
agrees not to remove any copyright notices or confidential or proprietary legends from
the Software, incorporated products or Software tools without Hansen's prior written
consent. Except as provided for herein, neither Hansen nor Licensee shall use the other's
trademarks or trade names on products or other materials without the prior written
consent of the other.
5.8. Licensee shall require that the Hansen Software and associated materials be maintained in
a manner so as to reasonably preclude unauthorized persons from having access thereto.
Licensee shall use reasonable efforts to assist Hansen in identifying any unauthorized
use, copying, or disclosure of any portion of the Hansen Software by any present or
former staff member, upon being provided reasonable evidence that such unauthorized
disclosure, use, or copying may have occurred.
5.9. Licensee acknowledges that this Agreement and certain documentation may be subject to
the Georgia Open Records Act (O.C.G.A. S 50-18-70, et seq.) Hansen shall cooperate
fully in responding to such request and shall make all records, not exempt, available for
inspection and copying as required by law. Hansen shall clearly mark any information
provided to Licensee which Hansen contends is Proprietary Information. Hansen shall
notify Licensee immediately of any Open Records request arising out of this contract and
shall provide to Licensee a copy of any response to the same.
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SOFTWARE LICENSE AGREEMENT
6. LICENSEE RESPONSIBILITIES
6.1 Licensee shall assist Hansen by placing at its disposal all available information pertinent
to the project including previous reports and any other data relative to the Hansen
servIces.
6.2 Licensee shall obtain advice of an attorney, insurance counselor and other Consultants as
Licensee deems appropriate, for examination and rendering of decisions pertaining to
documents presented by Hansen relating to this project within a reasonable time so as not
to delay the services of Hansen.
6.3 Licensee shall give prompt written notice to Hansen whenever Licensee observes or
otherwise becomes aware of any development that affects the scope or timing of Hansen
Services.
6.4 Licensee shall bear all costs incident to compliance with the requirements of Section 6.
6.5 Licensee agrees to provide Hansen with appropriate access to their facilities, personnel,
data systems, and other resources, as necessary. Licensee acknowledges that the
implementation is a cooperative effort and that Licensee must complete its designated
tasks in a timely manner in order for Hansen to proceed with and complete the Services.
7. HANSEN RESPONSIBILITIES
7.1 Hansen warrants the Software to operate in all material respects as specified in the
Documentation. This warranty shall be perpetual as long as Licensee has a current
maintenance agreement with Hansen. For one (1) year following installation, Hansen will
design, code, check out, document, and deliver promptly any amendments or alterations
to the software that may be required to correct errors present at the time of acceptance.
This warranty is contingent upon Licensee advising Hansen in writing of such errors
within one (1) year from "Go Live" of the last module implemented as defined herein.
7.2 As this project will potentially encompass data that existed prior to the year 2000, Hansen
represents that Hansen software application has been tested and is Year 2000 compliant.
Specifically, Hansen software shall correctly process date data within and between the
20th and 21 st century, provided that (a) the software is used in accordance with its
associated documentation, and (b) all other technologies used with it properly exchanges
date data within it. Hansen has proposed modern technology be used with this project
which Hansen is informed and believes is year 2000 compliant.
8. RIGHTS OF TERMINATION
8.1 The license granted by this Agreement is effective until terminated. Hansen has the right
to terminate the license granted under this Agreement if Licensee is in default of any term
or condition of this Agreement, and fails to cure such default within sixty (60) days after
receipt of written notice of such default. Without limiting the foregoing Licensee shall be
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SOFTWARE LICENSE AGREEMENT
deemed to be in default if Licensee becomes insolvent or any proceedings should be
commenced by or against Licensee under any bankruptcy, insolvency or similar laws. In
the event that the license granted under this Agreement is terminated, Licensee shall
forthwith return to Hansen all copies of the Software, the Documentation and other
materials provided to Licensee pursuant to this Agreement and will certify in writing to
Hansen that all copies or partial copies of the Software, the Documentation and such
other materials have been returned to Hansen or destroyed. Furthermore, either party may
terminate this Agreement at any time upon the giving of written notice:
8.1.1 In the event that the other party fails to discharge any obligations or remedy any
default or breach under this Agreement for a period continuing more than sixty
(60) days after the aggrieved party shall have given the other party written notice
specifying such failure or default and that such failure or default continues to exist
as of the date upon which the aggrieved party gives such notice so terminating
this Agreement; or
8.1.2 In the event that the other party makes an assignment for the benefit of creditors,
or commences or has commenced against it any proceeding in bankruptcy,
insolvency, or reorganization pursuant to bankruptcy laws or laws of debtor's
moratorium; or
8.1.3 In the event that appropriated and otherwise unobligated funds are no longer
available to satisfy the obligations of Licensee.
8.2 Hansen shall indemnify and hold Licensee harmless from any and all liability, loss or
damage Licensee may suffer as a result of claims, demands, costs or judgments against it
arising out of the Hansen negligence in the performance of this Agreement.
9 IMPLEMENT A TION
9.1 Hansen agrees to have the software implemented and "Ready for Live" according to the
schedule specified in Attachment 3: Implementation Schedule and Project Acceptance.
"Ready for Live" is defined as Hansen delivering software, consulting, and training
sufficient to enable Licensee to begin operational use of the software and the date Hansen
states Licensee can "Go Live" with the software. Hansen shall not be responsible for
performance of obligations that are postponed as a result of delays beyond Hansen's
reasonable control.
9.2 The work described shall be carried out as expeditiously as possible. Hansen shall not be
liable to Licensee, if delayed in, or prevented from performing the work as specified
herein through any cause beyond the control of Hansen, and not caused by his own fault
or negligence including acts of nature or the public enemy, inclement weather conditions,
acts, regulations, or decisions of the Government or regulatory authorities after the
effective date of this Agreement, fires, floods, epidemics, strikes, jurisdictional disputes,
lockouts, terrorism, and freight embargoes.
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10. PENAL TY
10.1 In recognition of the importance of this timeframe, Hansen offers the following penalty
and procedures:
10.1.1 Hansen will give written notice to Licensee, when in Hansen's judgment, the
software has been implemented and Licensee is "Ready for Live"
(Implementation date). Licensee shall be deemed to be "Ready for Live" five (5)
working days after receiving Hansen's written notice, unless during this period,
Licensee gives written notice to Hansen, describing in reasonable detail, any
critical deficiencies in Hansen's software or the delivery of consulting, training or
hardware which precludes Licensee from being "Ready for Live". If Licensee
gives proper notice of not "Ready for Live" then:
10.1.1.1
10.1.1.2
Hansen shall respond immediately to remedy the deficiency, or
If Hansen determines, reasonably and in good faith, that there is no
critical deficiency and that Licensee is "Ready for Live", then Hansen
shall give written notice to Licensee explaining that determination in
reasoriable detail. Licensee shall be deemed to have accepted the
"Ready for Live" date of Hansen's notice as described in this
paragraph, unless notice of a dispute is provided to Hansen in writing
with five (5) working days.
10.2 Provided Licensee meets its deadlines set forth in the Project Schedule attached as a part
of Attachment 3, Hansen agrees to pay Licensee a late penalty of $200 per day for each
workday after the established "Go-Live" date, which Hansen fails to have Licensee
"Ready for Live". All penalties will become due and payable upon failure to meet the
"Ready for Live" date for each implementation phase identified in Attachment 3.
11. NOTICES
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11.1 All notices hereunder shall be in writing and shall be duly given if delivered personally or
sent by registered or certified mail, return receipt requested, postage prepaid, to the
respective addresses of the parties appearing on page one of this Agreement. Any notice
given shall be deemed to have been received on the date, which it is delivered if delivered
personally, or, if mailed, on the fifth business day next following the mailing thereof.
Either party may change its address for notices by giving notice of such change as
required in this Section 11.
SOFTWARE LICENSE AGREEMENT
11.2 To ensure effective communications, Hansen shall submit all invoices and
correspondence regarding accounts payable and receivables shall be made to the
following address:
Hansen Information Technologies, Inc.
Attn: Charles A. Hansen, Pres/CEO
11092 Sun Center Drive
Rancho Cordova, CA 95670-6109
T: 916.921.0883
F: 916.921.6620
City of Augusta Georgia
Tameka Allen, IT Director
530 Greene Street, A-101
Augusta, GA 30911
T: 706.821.2522
F: 706.821.2530
Copies to:
Fred Russell, City Administrator
530 Greene Street, Room 801
Augusta, GA 30911
T: 706.821.2400
Software License Agreement
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Mike Blanchard, IT Application Manager
530 Greene Street, A-101
Augusta, GA 30911
T: 706.821.2862
F: 706.821.2530
12. LEGAL ASPECTS OF THIS AGREEMENT AND VENDOR/LICENSEE
RELATIONSHIP
12.1 Licensee acknowledges having read and understood this Agreement and agrees to be
bound by its terms and conditions. Licensee also agrees that this Agreement, together
with any Attachments and other applicable agreements, referencing this Agreement and
expressly made a part hereof that are duly signed by the parties, represents the complete
and exclusive agreement between the parties with respect to the subject matter hereof and
supersedes all prior agreements, negotiations, discussions or understandings between
them in any way relating thereto. No other terms, conditions, representations, warranties
or guarantees, whether written or oral, express or implied, shall form a part hereof or
have any legal effect whatsoever. In the event of any conflict or inconsistency between
the provisions of this Agreement and any provisions of the contract(s) as identified in the
Attachments to this Agreement, the latter provisions shall be of no force and effect and
the provisions of this Agreement shall govern. This Agreement shall not be modified
except by later written agreement signed by both parties.
12.2 This Agreement shall be governed by and construed in accordance with the laws of the
State of Georgia. All claims, disputes and other matters in question between Licensee and
Hansen arising out of, or relating to, this Agreement, or the breach thereof, shall be
decided in the Superior Court of Richmond County, Georgia. Hansen, by executing this
Agreement, specifically consents to venue and jurisdiction in Richmond County, Georgia
and waives any right to contest jurisdiction and venue in said Court.
SOFTWARE LICENSE AGREEMENT
12.3 This Agreement shall not be construed to create any employment relationship,
partnership, joint venture or Licensee relationship or to authorize any party to enter into
any commitment or agreement binding on the other party.
12.4 This Agreement, or any of the rights or obligations of Hansen created herein, may not be
assigned by Hansen without Licensee's consent, which consent shall not be unreasonably
withheld, but this Agreement is for the sole benefit of Licensee and may not be assigned
by Licensee without the express written consent of Hansen.
12.5 No delay or failure in exercising any right hereunder and no partial or single exercise
thereof shall be deemed to constitute a waiver of such right or any other rights hereunder.
No consent to a breach of any express or implied term of this Agreement shall constitute
consent to any prior or subsequent breach. If any provision hereof is declared invalid by
a court of competent jurisdiction, such provision shall be ineffective only to the extent of
such invalidity, so that the remainder of that provision and all remaining provisions of
this Agreement shall be valid and enforceable to the fullest extent permitted by applicable
law. All notices required to be given hereunder shall be given in writing and shall be
delivered either by hand, by certified mail with proper postage affixed thereto, by
overnight express delivery (guarantying next business morning delivery), or by facsimile
(with confirmation copy sent by registered mail) addressed to the signatory at the address
set forth in Section 11, or such other person and address as may be designated from time
to time in writing. All such communications shall be deemed received by the other party
upon actual delivery. No modifications, additions, or amendments to this Agreement
shall be effective unless made in writing and signed by duly authorized representatives of
the parties.
12.6 Licensee acknowledges that Product is of U.S. origin. Licensee agrees to comply with all
applicable international and national laws that apply to the Product, including the U.S.
Export Administration Regulations, as well as end-user, end-use and destination
restrictions issued by U.S. and other governments.
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13. LIMITED WARRANTY. Hansen warrants that the Product will perform, without
material deviations, in accordance with the specifications in the product documentation
for a period of one year from the date of acceptance of products implemented according
to the Project Schedule attached as part of Attachment 3 and will conform to the
specifications stated in the Statement of Work without material deviations for a period of
one year from date of acceptance.
If an implied warranty or condition is created by Licensee's state jurisdiction and federal
or state law prohibits disclaimer of it, Licensee also has an implied warranty or condition,
but only as to defects discovered during the period of this limited warranty (one year). As
to any defects discovered after the one year period, there is no warranty or condition of
any kind. Some provinces/jurisdictions do not allow limitations on how long an implied
warranty or condition lasts, so the above limitation may not apply to Licensee.
SOFTWARE LICENSE AGREEMENT
Any supplements or updates to the Product, including without limitation, any (if any)
service packs or fixes provided to Licensee after the expiration of the one year Limited
Warranty period are not covered by any warranty or condition, express, implied or
statutory.
LICENSEE'S EXCLUSIVE WARRANTY REMEDY. Hansen's entire liability and
Licensee's exclusive remedy shall be, at Hansen's option from time to time exercised
subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair
or replacement of the Product, that does not meet this Limited Warranty. Licensee will
receive the remedy elected by Hansen without charge. This Limited Warranty is void if
failure of the Product has resulted from accident, abuse, misapplication, abnormal use or
a virus not introduced by or the result of the actions of Hansen.
14. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the
only express warranty made to Licensee and is provided in lieu of any other express
warranties (if any) created by any documentation or packaging. Except for the Limited
Warranty and to the maximum extent permitted by applicable law, Hansen provide the
Product and Support Services (if any), and hereby disclaim all other warranties and
conditions, either expressed, implied or statutory.
15. INDEMNIFICATION. Hansen agrees to and does hereby indemnify, defend and hold
Licensee harmless from liability against any and all claims that the Software infringes
any rights of third parties in patent, copyright or trade secrets in the United States and any
and all actions arising out of such claims. In the event of any such claim or action,
Hansen shall have the option to either; 1) modify the Software so as to render it non-
infringing so long as it continues to conform to the specifications and warranties herein;
or 2) procure for Licensee the right to continue using the Software. Any such
indemnification under this Section shall be contingent upon Licensee 1) promptly
notifying Hansen in writing of any claim or action of which indemnification is sought; 2)
immediately ceasing use of the Software upon notice of any such claim or action; and 3)
affording to Hansen sole control of the defense or settlement of any such claim or action.
16. LIMITATION OF LIABILITY. The aggregate liability of Hansen arising from or
relating to this agreement (regardless of the form of action or claim - e.g. contract,
warranty, tort, malpractice, and/or otherwise), is limited to the total fees paid to Hansen
for professional services and software. Hansen shall not in any case be liable for any
special, incidental, consequential, indirect or punitive damages even if they have been
advised of the possibility of such damages. Hansen is not responsible for lost profits or
revenue, loss of use of the software, loss of data, costs of re-creating lost data, or the cost
of any substitute equipment or program.
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IN WITNESS WHEREOF, this Agreement has been read, understood, and signed by duly
authorized officials of Hansen and Licensee.
AUGUSTA:
By:
Name:
Charles A. Hansen
Title:
President/CEO
Attest:
Interim Mayor
'7)~ tV ~a<<d.;
ft~ V~/
Lena Bonner .
By:
Title~Clerk of Commission
Software License Agreement
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SOFfW ARE LICENSE AGREEMENT
Attachment 1 - System Requirements
ID Description Vendor Response
I. BUSINESS LICENSE
A. Application Approval Process
I Get the following information from GIS
. Zoning Y
. Census Tracts
. Commission Districts
2 Allow the inspector to update the application status and y
enter comments, if applicable
B. Application Process
1 The system shall capture all information entered on a Y
License Application (business and alcohol). This
includes Bond, Insurance, and State Card Applications
2 The business license application form shall be in the y
same order in which the information will be entered
into the computer. 1
3 The system shall generate a blank application form. Y - using selected
reporting tool.
4 The system shall have the capability to allow the Y - using
customer to complete the application on-line (via DynamicPORT AL.
Internet or workstation at the counter. Agency specific
. System shall require appropriate security. workflow/functionality
. System shall prompt the customer through can be defined during
(based on type of application) so only required the implementation.
information is requested/entered. (Example:
Different information is gathered for a business
license than an alcohol license.
5 The system shall have the capability to step the clerk Y
through the appropriate fields (depending upon the type While the program
of application) so only required information is does provide some
requested/entered. (Example: Different information is workflow around data
collected for a contractor than for a professional.) entry, some differences
in data entry must be
managed through
training.
6 The system shall have the ability to put a HOLD on a N
business and require an explanation and whenever The Hold indication
anyone pulls up that business, a message box will will show up when
automatically pop up indicating the HOLD and requesting status or
displaying the explanation. attempting to update.
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7 The system shall have the ability to track all decals y
(number and quantity).
. Taxi Cabs
. Wreckers
. Limo's
. Contractor Vehicles
. Vending Machines
8 The system shall provide the capability to void a y
transaction and start over and do reversing entries. The
system shall capture the void reason and an audit trail
of who did it and when. (Examples: If the payment
tender is incorrect (cash/check). If the Application was
approved, but the applicant changed their mind about
opening a business.
9 The system shall allow for the exemption of fees and y
shall capture an exempt reason. (Examples: Non-
profit, Interstate Commerce, Veterans, and Raffles)
10 The system shall allow the entry of free-form y
comments. (Examples: Inspector comments, General
comments, and Status comments)
II The system shall be able to create NDOC (Non- Y
Domiciled) licenses and only charge for the decal
(currently $1 per decal).
12 The system shall have the capability to charge half of ;Y
the fee for the following, if the alcohol license is
obtained after July I:
. Consumption on Premises, Liquor
. Consumption on Premises, Beer
. Consumption on Premises, Wine
. Retail, Liquor
. Retail, Beer
. Retail, Wine
. Wholesale, Liquor
. Wholesale, Beer
. Wholesale, Wine
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13 The system shall track the following and capture the y
date of expiration and shall have the ability to indicate
if any of these are N/ A. If applicable, a business
license cannot be issued or renewed if any of these
have expired.
. Insurance
. Bond
. State Card
. Agriculture
. Health Department
. Fire Department
. Sheriff s Department
14 The system shall have the ability to capture multiple Y - the select is not a
phone numbers - for business and person (party name) dropdown, the fields
with a drop-down select for (1) cell, (2) pager, (3) are static.
home, (4) FAX, etc.
15 The system shall have the ability to separate business Y
license from alcohol licenses.
16 The system shall have the ability to track which Y
businesses have the following:
. Consumption on Premises, Liquor
. Consumption on Premises, Beer
. Consumption on Premises, Wine
. Retail, Liquor
. Retail, Beer
. Retail, Wine
. Wholesale, Liquor
. Wholesale, Beer
. Wholesale, Wine
. Sunday Sales
17 The system shall have the ability to separate one-day Y
licenses from the regular licenses - both for business
licenses and alcohol license.
18 The system shall have the ability to duplicate an Y
existing license so the information will not have to be
re-entered and only the appropriate information will be
changed to facilitate business that get multiple one-day
licenses.
19 The system shall have the ability to print any new Y - using selected
business licenses upon approval of the application and reporting tool.
shall allow the entry of additional data into the system.
20 The system shall have the ability to print a receipt. Y - using selected
reporting tool.
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ID Description Vendor Response
21 The system shall have the ability to endorse the back of Not directly supported
a check. - integration would be
possible.
C. Gross Revenue Posting Process
1 The system shall produce an "Urgent Reminder" form Y - using selected
to be mailed to every business (excluding Alcohol, One- reporting tool.
Day, Temporary, and NDOC licenses) requesting their
gross revenue for the previous year. The next year's bill
shall be calculated based on this amount while
professionals shall have the option to pay a flat fee
instead.
2 The system shall provide a way to quickly enter gross N - the scope and
revenues en masse. exact expectation of
this requirement is too
vague to permit a yes
response.
3 The system shall compare the newly entered gross Y - would require use
revenue to last year's gross revenue and if the amount is ofthe Workflow
the same or less, display a warning message. manager to provide
this functionality.
4 When entering gross revenue for Consumption on Y - this would depend
Premises Liquor licenses, the system shall compare the on how the relevant
gross revenue reported on the Urgent Reminder to the data is captured and
accumulated gross revenue reported on the Excise Tax stored and would
forms for the previous October through September. If require use of the
the tax bracket is different, the system shall display a Workflow manager to
warning - Either the clerk made a typographical error or provide this
the business reported the wrong amount. functionality.
5 Businesses completed and return the Urgent Reminder Y - additional analysis
form to submit gross revenues on an annual basis. If a is required regarding
business does not submit their gross income, the system accepting a PT 440
shall automatically add a user-defined percentage to the form.
previous year's gross revenue for the next year's billing.
The system shall accept a PT440 form from Banks that
contains gross revenue.
6 If the business does not return the Urgent Reminder to Y - using selected
report their gross revenue, the system shall generate a reporting tool.
warning letter for the business stating we will not renew
their business license. This warning letter shall provide
a place for them to indicate their gross revenue to return
to L&I.
7 The system shall produce letters for all Alcohol license Y - using selected
holders asking them to submit any changes. reporting tool.
.
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D. License and Renewal Process
1 The system shall have the ability to print and reprint Y - using selected
bills to the following specifications: reporting tool.
. Bills are printed in mid- to late-December
. The renewal period is from January 1 to January
31 of each year.
. Anyone who has a current Business License
(excluding temporaries, raffles, and exempts)
gets a renewal notices.
. Mailed to the Business Name and Address.
. Have the ability to print in batch mode or
individually.
2. The system shall have the ability to print business Y - using selected
licenses in batch mode or one at a time. (Examples: reporting tool.
Business and Alcohol, or Print all licenses that have
been paid for and have not been printed already (i.e.,
Someone standing at the counter will want their license
as soon as they pay for it while mail-ins can all be
printed at the end of the day for the next day's mailing.)
3 The business license shall indicate any decals (including Y
quantity) that need to be mailed with the license.
. Taxi Cabs
. Wreckers
. Limos
. Contractor Vehicles
. Vending Machines
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4 The system shall track the collection of payments. Y
. The total of the payment(s) must be equal or y
exceed the total of all fees.
. Shall have user-defined parameters set for N
acceptable ranges for over/short. (Example: If
"short" is set to $1, a payment that is up to $1 less
than the fees shall be accepted and processing
shall continue. If"over" is set to $5, an
overpayment of up to $5 shall be accepted
without automatically refunding. Refunds shall
be done if the applicant requests.
. Capture the check number, if paid by check. y
. Capture the money order number if paid by y
money order. y
. Capture the last 4 digits ofthe credit/debit card
number and an authorization number if paid by
credit/debit card.
. No limit to the number, or combinations, of y
payments accepted as long as it is posted in one
transaction. No partial payments. Y - using selected
. A business license cannot be printed until the
total amount has been paid. reporting tool
5 The system shall NOT allow the acceptance of partial N - the system does
payments and allow combinations of different tender accept partial
types. **Note** The system shall accept a partial payments. However,
payment if the payment equals or exceed the original rules can be
amount due. This comes into play when the penalty goes potentially applied to
into effect. (Example: Original Due = $70, Penalty = the database to not
$7, Total Due = $77. Payment of at least $70 shall be allow partial
accepted and a balance due bill sent.) payments.
6 The system shall calculate the total business license fee Y
amount based on either gross revenue or flat fee.
7 If multiple SIC codes have been assigned to the license, Y - using selected
all SIC codes shall print on the business license. reporting tool.
8 For temporary license, the beginning and ending date Y - using selected
shall print on the Business License. All other licenses reporting tool.
shall default to 12/311<current year> for the ending date.
9 The system shall have a procedure to effectively balance Y -if using the
cash drawers at the end of the day. Hansen 8 Cashiering
module.
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10 The system shall have the ability to check the Property Y - an interface can
Tax Billing and Collecting application database to see if be developed.
taxes are owed.
. Based on the business account number created by
the Tax Assessor's Office, then forwarded to the
Tax Commissioner's Office via the tax digest.
. If there is not match on business account number,
the system shall display a message indicating "no
match" .
. If there is a match and no taxes are owed, the
system shall proceed with renewal.
. If there is a match and taxes are owed, the system
shall display a message indicating "taxes due".
E. Administration
1 The system shall allow the capability to enter fee Y
amounts.
. Shall allow entry of quantity to automatically
calculate quantity by rate. (Example: Multiple
doctors in the same practice - business license
under the corporate number - Quantity only
applies when they choose the flat fee option.
. Only certain fee types. Most are automatically
calculated based on gross revenue. The only
exceptions are banks and professionals. We
accept whatever amount the banks send.
Professionals can choose from flat fee or gross
revenue.
2 The system shall allow the user to add, modify and Y
deactivate fee types and amounts (in a fee table). These
fees are assigned to business licenses.
. Some fees are fixed amounts and some are
calculated based on gross revenue.
. Professionals can choose from flat fee or gross
revenue.
3 There are currently six tax classes (GRSl through Y
GRS6) and each has a fee schedule. The system shall
have the ability to add additional tax classes and shall
have the ability to update the amounts in these tables.
4 The system shall provide an audit trail of all updates, Y - in combination
who made them, and what date/time they were made. with the audit tracking
of the selected
RDBMS.
5 The system shall have built-in security. (Examples: Y
Administrator, Supervisor, Clerk, Inquiry only)
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6 The system shall have a place to store business account Y
number(s) created in the Tax Assessor's Office.
F. Reports
**NOTE** All reports specifically listed shall be
available upon implementation. If your system does not
include these specific reports, and if providing them is
not included in the cost of your application, please
itemize them in the "Customization Costs" section of the
Price Proposal.
**NOTE** Unless specifically noted, reports shall only
include businesses with a status of "active".
1. Appropriate reports for the purpose of balancing cash Y - using selected
drawers at the end of the day. reporting tool.
. The system shall have the ability to run for a
specific clerk or an accumulation of all clerks.
2 Appropriate reports to produce the daily deposits. Y - using selected
. The system shall have the ability to run for a reporting tool.
specific clerk or an accumulation of all clerks.
3 The system shall produce an SIC Code Report. Y - using selected
. The system shall allow users to enter or select reporting tool.
the SIC Code(s) requesting
. As the user enters the SIC Code numbers, the
system shall take them to that point in the list of
SIC Codes.
. The system shall have the ability to enter the
first few numbers of the SIC Code and the report
will include every business that begins with the
specified numbers.
. The system shall include all businesses that have
the specified SIC Code(s), whether it's the
primary or subsequent SIC Code listed for that
business.
. The system shall have the option to include or
exclude the amount due.
4 The system shall have the ability to generate reports Y - using selected
based on fee types. (Example: The system shall reporting tool.
produce a report showing how much money has been
collected for Administration Fees.)
. The system shall allow the user to select the fee
type (via drop-down) to show on the report.
. The system shall include a total number of
records at the bottom of the report.
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5 The system shall have the ability to generate reports Y - using selected
based on: reporting tool.
. Consumption on Premises, Liquor
. Consumption on Premises, Beer
. Consumption on Premises, Wine
. Retail, Liquor
. Retail, Beer
. Retail, Wine
. Wholesale, Liquor
. Wholesale, Beer
. Wholesale, Wine
. Sunday Sales
6 The system shall have the ability to generate a report of Y - using selected
all businesses that have been closed, denied, revoked, reporting tool.
suspension, or put on probation (select the appropriate
business status(es)) and shall allow for the comparison of
the amount billed to what will not be collected.
. Based on a specified date range.
. Shall show the total number of businesses and
total amount billed at the bottom of the report.
. Shall list each business.
. Shall have the ability to select either business
license or alcohol license.
. Shall have the ability to select the sequence -
either by street name or business name.
7 The system shall have a report showing the total number Y - using selected
of businesses and total dollar amount billed. reporting tool.
. Shall have the ability to select detail or summary.
The detail report shall have the totals at the end.
. One column for money collected and one column
for outstanding.
. Select the status( es) (Example: active, closed,
pending, etc.)
8 The system shall have the ability to print or export any Y - using selected
report. reporting tool.
. Export options shall include (at least) report
format, ASCII file, Excel, or .pdf.
9 The system shall have the ability to generate a report of Y - using selected
all exempt businesses to be used for printing and mailing reporting tool.
out their businesses licenses.
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10 The system shall have a report that lists all past due Y - using selected
licenses. reporting tool.
. Shall show the total number of businesses and
total amount billed at the bottom of the report.
. Shall list each business.
. Shall have the ability to select either business
license or alcohol license.
. Shall have the ability to select the sequence -
either by street name or business name.
11 The system shall have a report that shows outstanding Y - using selected
penalty and interest only. reporting tool.
12 The system shall have a report that shows businesses that Y - using selected
have expired: reporting tool.
. Insurance
. Bond
. State Card
. Agriculture
. Health Department
. Fire Department
. Sheriff s Department
. Shall have the ability to enter a projected date.
(Example: In March, those businesses that expire
in April will be sent reminders, if desired)
13 Should be able to print reminders for businesses with Y - using selected
expired (or soon to expire): reporting tool.
. Insurance
. Bond
. State Card
. Agriculture
. Health Department
. Fire Department
. Sheriff s Department
14 The system shall have a New Business report that can be Y - using selected
selected by date range and/or business or alcohol. reporting tool.
15 The system shall have a report that shows restaurants that Y - using selected
have more than 50% sales in alcohol. reporting tool.
16 The system shall have a report that lists gross revenues Y - using selected
reported for the past 3 years. reporting tool.
17 The system shall have a report of businesses that did not Y - using selected
report gross revenue for the year. reporting tool.
18 The system shall have a report showing all one-day Y - using selected
licenses (selected by business or alcohol). reporting too I.
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19 The system shall have the ability to provide performance Y - using selected
measurement reports. reporting tool.
G. Miscellaneous
1 All Application and License records shall be converted. Y
2 The system shall covert the existing account numbers y
(rather than assigning new account numbers).
3 The existing SIC Code table shall be converted. This Y
table, provided by the Federal Government, is subject to
change periodically.
4 The system shall have the following search criteria
capabilities:
. Business Name Y
. Business Address y
. Mailing Address y
. Home Address N
. Business Phone y
. Home Phone y
Owner Name y
.
SIC Code y
.
y
. SSNO Y
. State Card # y
. Federal ID #
**NOTE** The status of the business should show in
the search results list/grid.
5 The system shall have Inquiry Only access to allow Y - but this will
personnel in other departments to see Business License require a named
information (i.e., Tax Assessor's Office, Housing and license.
Neighborhood Development, etc.) This access shall
NOT require any additional licenses and preferably be
web based. No confidential information shall be
displayed on the Inquiry Only screen. (Example:
SSNO, Gross Revenue)
6 Should have Inquiry Only access to allow the public to Y - using
see Business License information (i.e., Internet or DynamicPORTAL.
Public terminals, etc.) No confidential information shall Agency specific
be displayed on the Inquiry Only screen. (Example: workflow/functionality
SSNO, Gross Revenue, State ID, Federal ID, Home can be defined during
Address (if different from business address), Home the implementation.
Phone Number(if different from business phone))
7 The system shall track changes made (who made the Y - system always
change, date and time of the change and From/To tracks who and when
values). last change was made.
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8 The system shall produce an audit trail (report or N - it may be
displayed on the screen) of changes made to a specific possible to create a
record. change history report
using the system
RDBMS and the
selected reporting
tool.
9 The system shall have document imaging capabilities so Y - this would
all paper files can be scanned and stored with the require a link to a
associated record. (Example: Application form with standard EDS system.
signature) The Hansen system
will also allow
inserting images into
the comments section
of the application
forms.
10 The system shall provide a means to create an export file Y
for the County's General Ledger, maintained by the
Accounting Department.
II. EXCISE TAX
A. Payment Process
1 The system shall identify the businesses that are subject to Y
Excise Tax.
. Liquor Taxes - Alcohol licenses with
Consumption on Premises Liquor.
. Hotel/Motel Taxes - Hotel/Motel, Lodge or Inn
License - SIC Code 72111. The system shall look
at all SIC Codes associated with a license (not just
the 1 st listed).
. Car Rental Taxes - Car Rental License - SIC
Codes 44111, 44112, 532111. The system shall
look at all SIC Codes associated with a license (not
just the 1 st listed). (Example: New and used car
dealers that rent cars also.)
. Wholesale Whisky and Wine Taxes - Alcohol
licenses with Wholesale Liquor or Wholesale
Wine.
. Wholesale Malt Beverage Taxes - Alcohol
licenses with Wholesale Beer.
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2 The system needs to track the due dates for businesses y
subject to Excise Tax.
. Liquor Taxes - 20th of the each month.
. Hotel/Motel Taxes - 20th of the each month.
. Car Rental Taxes - 20th of the each month.
. Wholesale Whiskey and Wine Taxes - 20th of the
each month.
. Wholesale Malt Beverage Taxes - loth of the each
month.
All due dates shall to be user-maintainable.
3 The system shall track the amount that is being reported by y
the businesses for Excise Tax.
. Liquor Taxes - Shall report monthly 3% ofliquor
taxable sales.
. Hotel/Motel Taxes - Shall report monthly 6% of
hotel/motel taxable sales.
. Car Rental Taxes - Shall report monthly 3% of car
rental taxable sales.
. Wholesale Whiskey and Wine Taxes - Shall report
$.22 per liter sold.
. Wholesale Malt Beverage Taxes - Shall report
based on containers sold.
All fees and rates shall to be user-maintainable
4 The system shall handle discounts for businesses that pay Y
Excise Taxes on time.
. Liquor Taxes - 3% oftaxes due.
. Hotel/Motel Taxes - 3% of taxes due.
. Car Rental Taxes - 3% oftaxes due.
. Wholesale Whiskey and Wine Taxes - 2.5% of
taxes due.
. Wholesale Malt Beverage Taxes - No discount
available.
All fees and rates shall to be user-maintainable
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5 The system shall automatically assess penalty for Y - the system can
businesses who do not pay excise taxes on time. assess penalties and
. Liquor Taxes - 10%. interest fees but the
. Hotel/Motel Taxes - 5% per month with a term
maximum of 25%. 'automatically'
. Car Rental Taxes - 30 day grace period, then 10% does not make the
for the 1 st 30 days, and an additional 5% per month. exact requirement
. Wholesale Whiskey and Wine Taxes - 30 day here clear.
grace period, then 10% for the 1st 30 days, and an
additional 5% per month.
. Wholesale Malt Beverage Taxes - No penalty.
All fees and rates shall to be user-maintainable
6 The system shall automatically assess interest for Y - the system can
businesses who do not pay excise taxes on time. assess penalties and
. Liquor Taxes - 1 % per month. interest fees but the
. Hotel/Motel Taxes - 1 % per month. term
. Car Rental Taxes - No interest. 'automatically'
. Wholesale Whiskey and Wine Taxes -No interest. does not make the
. Wholesale Malt Beverage Taxes - No interest. exact requirement
All fees and rates shall to be user-maintainable here clear.
7 The system shall track the following dates for each N - this will be
payment: future functionality
. Effective Date (Date Received) however.
. Actual Date (for bank deposits)
. Payment Period (Example: post a February
payment in June.)
8 The system shall track total food sales and total alcohol Y
sales for Liquor Taxes
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9 The system shall track the collection of payments. Y
. Should have user-defined parameters set for
acceptable ranges for over/short. (Example: If N
"short" is set to $1, a payment that is up to $1 less
than the fees will be accepted, and allow processing
to continue. If "over" is set to $5, an overpayment
of up to $5 will be accepted, without automatically
refunding. Refunds will be made if the applicant
requests.)
. Shall capture the check number, if payment by y
check.
. Shall capture money order number if payment by y
money order.
. Shall capture last 4 digits ofthe credit/debit card y
number and an authorization number if payment by
credit/debit card.
. Shall have no limit to the number, or combinations, y
of payments accepted as long as it is posted as one
transaction.
10 The system shall allow payments to be posted based on y
date received (which is not necessarily the date posted.)
(Effective Date.)
11 When the payment is posted, the system shall indicate Y - Each payment
which month and year the payment is for. (Pay Period) record includes a
unique payment
number, the current
status of the
payment (Paid,
Awai ting, or
Void), the
amount of the
payment, and other
information.
Additionally, you
can use the
paymentnurnberto
locate transaction
records related to a
payment.
12 If payment received is for the discount amount, but Y - using selected
received after the due date, the payment is posted and a reporting tool.
balance due bill is created and sent to the businesses.
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B. Audit Process
1. The system should have the capability to remotely collect N - but an interface
audit information in the field. (Working Papers.) or integration could
. Create a blank spreadsheet for each type of excise be developed at
tax. additional cost.
. Fill in the blank when the auditor is in the field
performing an audit.
2 The system should have the capability to compare the y
actual figures reported by the business to the figures
discovered via the audit.
3 The system shall have the capability to charge the business y
a penalty for "under-reporting".
C. Reports
**NOTE** All reports specifically listed shall be
available upon implementation. If your system does not
include these specific report, and if providing them is not
included in the cost of your application, please itemize
them in the "Customization Costs" section of the Price
Proposal.
1 The system shall have the ability to produce a past due Y - using selected
report, selecting: reporting tool.
. No return was made
. Insufficient funds received
. Both
2 The system shall produce past due bills for businesses that Y - using selected
have not made a return. The bill shall specify: reporting tool.
. The type of excise tax owed. A business may owe
more than one type of excise tax. (Example:
Hotel with a bar.)
. The ordinance (number and description) being
violated.
3 The system shall produce past due bills for businesses that Y - using selected
have not paid the full amount due. (Example: included reporting tool.
discount and did not include penalty or interest.) The bill
shall specify:
. The type of excise tax owed. A business may owe
more than one type of excise tax. (Example:
Hotel with a bar.)
. The ordinance (number and description) being
violated.
. Penalty and Interest.
. Total amount due.
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4 The system shall produce past due follow-up letters for Y - using selected
businesses that have not made a return. The letter shall reporting tool.
specify:
. The type of excise tax owed. A business may owe
more than one type of excise tax. (Example: Hotel
with a bar.)
. The ordinance (number and description) being
violated.
5 The system shall produce past due follow-up letters for Y - using selected
businesses that have not paid the full amount due. reporting tool.
(Example: included discount and did not include penalty
or interest.) The letter shall specify:
. The type of excise tax owed. A business may owe
more than one type of excise tax. (Example: Hotel
with a bar.)
. The ordinance (number and description) being
violated.
. Penalty and Interest.
. Total amount due.
6 The system shall produce passed due final notice letters for Y - using selected
businesses that have not made a return. (Continuous reporting tool.
failure) The letter shall specify:
. The type of excise tax owed. A business may owe
more than one type of excise tax. (Example: Hotel
with a bar.)
. The ordinance (number and description) being
violated.
. Penalty and Interest.
. Total amount due.
. The date and time of the County Commission
Meeting that will hear their case regarding the
status of their business and/or alcohol license.
7 The system shall have a report that compares gross revenue Y - using selected
reported (in October) to excise tax reported. reporting tool.
8 The system shall produce a report of excise taxes collected. Y - using selected
. Select the date range (select which date to check- reporting tool.
effective, actual, or payment period)
. Select the type of excise tax.
9 The system shall produce a report of wholesale taxes Y - using selected
(whiskey and wine, and malt beverage) collected, - broken reporting tool.
down by container size to be used by Accounting for the
purpose of disbursing funds.
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10 The system shall produce a report of each of the other Y - using selected
excise taxes based on gross sales to be used by Accounting reporting tool.
for the purpose of disbursing funds.
II The system shall produce the appropriate reports for the Y - using selected
purpose of balancing cash drawers at the end of the day reporting tool.
and shall have the ability to run for a specified clerk or an
accumulation of all clerks.
12 The system shall produce the appropriate reports to Y - using selected
produce the daily deposits and shall have the ability to run reporting tool.
for a specified clerk or an accumulation of all clerks.
13 The system shall have the ability to provide performance Y - using selected
measurement reports. reporting tool.
D. Miscellaneous
1 The system shall provide a means to create an export file Y
for the County's General Ledger, maintained by the
Accounting Department.
III. BUILDING PERMITS
A. Plan Review Process
I The system shall allow the inspector to update the plan Y
status (accept or reject) and enter comments, if
applicable.
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ID Description Vendor Response
2 The system shall indicate the following documents were y
received, the date they were received and if the item was
N/A:
~ Commercial
. Building Plans, and number of copies (new
construction or major alteration)
. Electrical Plans
. Plumbing Plans
. Mechanical Plans
. Site Plans (New Commercial) Approved by
Planning and Zoning
. Fire Marshall Approved and Amount
. Fire Sprinkler System Plans
~ Residential
. Application
. Building Plans, and number of copies
. Plat
. Soil erosion form
. RESCHEK calculation form (energy calculation)
. Water & Sewer Tap Fees Receipt
. Septic Tank approval letter (from the Health
Department)
. Signs
. Application
. Plans
3 The system shall be able to enter where the plans are y
stored (Bin number and plan number) and shall have the
ability to search and find a specified plan.
Issues Permit Process
1 The permit application form shall be in the same order in y
which the information will be entered into the computer.
2 The system shall have the ability to generate a blank Y - using selected
application form. reporting tool.
3 If the application requires a signature (depending upon Y - in conjunction
the permit type), the system shall have the ability to scan with compatible
and store the application with the permit so a paper copy scanning soft and
is not needed. hardware.
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ID Description Vendor Response
4 The system should have the capability to allow the Y - using
customer to complete the application on-line (via Internet DynamicPORT AL.
or workstation at the counter). Agency specific
. The system shall require appropriate security. workflow/functionalit
. The system shall prompt the customer through so Y can be defined
only required information is requested/entered. during the
implementation.
5 When the application is entered by the clerk, the system Y
shall step them through the appropriate fields (depending While the program
upon the type of application) so only required does provide some
information is requested/entered. workflow around data
entry, some
differences in data
entry must be
managed through
training.
6 The system shall calculate based on square feet. (Only Y
on new house).
. Square feet shall come from Customer.
. Clerks shall enter square feet
. Square footage shall be stored as numeric.
. The price per square foot shall be based on a user-
maintained table.
. The system shall calculate charges for electrical,
mechanical, plumbing, and low voltage for all
new houses. These charge amounts come from a
user-maintained table. These are separate charges
that are tied to the master permit. The system
shall have the capability to have either the general
contractor or the sub-contractor pay for this
portion of the permit.
. The system shall have the capability to add an
additional charge for a fireplace. This fee is
stored in a user-maintained table.
7 The system shall calculate labor and materials. (All Y
construction other than new homes.)
. Labor and material costs are provided by the
Customer.
. Cost for labor and material is based on a user-
maintained table.
. Clerk will enter labor and material.
. There is one fee for the combined cost for labor
and materials.
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ID Description Vendor Response
8 The system should have the option to use the building y
construction valuation table supplied by the International
Code Council (ICC) to compare to construction costs
supplied by contractors.
. Would like the option to use either value.
9 When checking insurance and bonds, etc., the system Y - will require use
shall NOT allow the permit to be sold if they are not in of Workflow
compliance. The message displayed should indicate if manager during
it's expired or not - not just display the date. The system implementation to
shall have the ability to do an Administrative override to provide this
allow the permit to be sold. functionality.
10 The system shall track to make sure that contractors are Y - however,
certified and shall maintain an expiration date. (Same as information is stored
State Card, Insurance, and Bond.) Per proposed in Trade License, not
regulations (not defined as of 4/30/04). This information Business License.
should be stored in the Business License application, but
viewable and maintainable from the Building Permits
application.
11 The system shall have the ability to flag an address or a Y - will require use
contractor with "Do not issue a Permit" and allow of Workflow
comments to explain why. (Example: If a contractor manager during
owes money for additional inspections, another permit implementation to
will not be sold until he has paid in full.) provide this
. The system shall have a reminder to come up functionality.
automatically to check to see if these are still
valid.
. The number of days for the reminder should be
user maintainable.
12 The system shall have the ability to enter permits that Y
were submitted via FAX and do NOT include payments.
. The system shall have a reminder to come up
automatically to check to see if payment has been The bulleted
received. requirements are
. The number of days for the reminder should be unclear in this
user maintainable. context
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SOFTWARE LICENSE AGREEMENT
13 The system shall track when the power company notifies Y
L&I that power has been requested. Currently they FAX
a form to L&I.
. Information on the form from the power company
is (1) Date, (2) Applicant, (3) Service Location,
(4) Lot, Block, and Subdivision, (5) Person who
sent the FAX, and (6) the electric company's
internal # (JEC SVO#).
. When the electrical inspection is passed, we need
to complete the form (with date, inspector, and
clerk) and send it back to the power company.
(Currently this is done via FAX.)
. This information needs to be stored in the system
so we do not need to keep the paperwork.
. Would like a way to electronically notify the
power company.
14 The system shall have the ability to track the "contact" y
person(s) and phone number(s).
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ID Description Vendor Response
15 The system shall alert the clerk when more inspections Y - the system can
are requested/entered than were paid for. handle this
requirement but not
as 'assumed' by the
form of this
requirement.
16 The system shall allow for fire plan review cost. Any Y
commercial construction over 10,000 square feet. The
fees shall be stored in a user-maintained table.
. Example: $100 for the first 10,000 square feet
plus $.15 for every additional 1,000 square feet.
No cap.
. Even though the calculation is listed above, the
Fire Department shall set the fire plan review
cost.
. Clerks shall enter the amount provided by the Fire
Department if review is necessary.
17 The system shall allow entry for plan review cost. Only Y
commercial construction will get this fee, but not
applicable to all commercial construction. The fees must
be stored in a user-maintained table.
. The system shall automatically calculate the plan
review cost.
. The system shall have the ability to check a box.
to indicate the plan review costs should be
calculated.
18 The system shall calculate citations. The fees shall be Y
stored in a user-maintained table.
. A citation is a violation of an ordinance.
. Inspectors determine violations.
. Enter a new permit into the system with a citation
code. The only one the Building Permits section
assigns (currently) is "working without a permit".
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ID Description Vendor Response
19 The system shall track the history of warnings and y
citations given to contractors.
. Currently, the first offense is $500 with an option
of a warning. Second offense is $1,000.
. When an inspector in the field detects a violation,
he needs to know their history so he knows how
to site them (warning, $500, or $1,000).
. This information shall be tracked by contractor -
not project/permit.
. This information needs to be accessible and
maintained by the Building Permits staff.
20 The system shall have the ability to capture and calculate y
inspection fees. The fees shall be stored in a user-
maintained table.
. The system shall have the ability to override the
fee amount.
. Default to a specified number of inspections per
permit, to be stored in a user-maintained table.
The system shall have the ability to override the
default number of inspections.
21 The system shall have the ability to capture Y
miscellaneous fees.
. Reports, copies, bad check fee, Certificate of
Occupancy (CO), Letter of Completion, etc.
. These could be tied to a valid permit (bad check)
or stand alone (report or copy).
22 The system shall allow entry and scheduling of y
inspections.
. Some requests for inspections come from the
customer, and some come from the inspector.
. Should have the ability for clerks and/or
inspectors to enter inspection requests and results.
The typical practice is for the clerk to enter the
request and the inspector to enter the result.
. Shall track the date, clerk name, permit #, type of
inspection, property address and status
(inspection result).
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ID Description Vendor ResDonse
23 The system shall track the collection of payments. Y
. Should have user-defined parameters set for N
acceptable ranges for over/short. (Example: If
"short" is set to $1, a payment that is up to $1 less
than the fees shall be accepted and processing
shall continue. If"over" is set to $5, an
overpayment of up to $5 shall be accepted
without automatically refunding. Refunds shall
be done if the applicant requests.)
. Shall capture the check number, if payment by y
check.
. Shall capture money order number if payment by y
money order.
. Shall capture last 4 digits of the credit/debit card y
number and an authorization number if payment
by credit/debit card. y
. Shall have no limit to the number, or
combinations, of payments accepted as long as it
is posted as one transaction.
24 The system shall allow the collection of the Fire Marshal Y
fees (based on square footage) if applicable.
25 The system shall provide appropriate end-of-day Y - using the Hansen
balancing procedures. 8 Cashiering Module.
26 The system shall provide a means to create an export file Y
for the County's General Ledger, maintained by the
Accounting Department.
27 The system shall be able to produce a printed building Y - using selected
permit and receipt. reporting tool.
~ The receipt shall indicate (at least):
. Project/permit number
. Total transaction amount
. Method of payment
. Check #, if applicable
. Clerk
. Date/time
28 If a contractor owes money for inspections and/or re- Y
inspections, the system shall NOT allow them to
purchase another permit. (Allow an override.)
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ID Description I Vendor Response
Certificate of Occupancy and/or Letter of Completion Process
I The system shall indicate the following documents were y
received, the date received, and if the item is N/ A:
. All Permits were issued and paid
. All Inspections Approved and Signed Off
. All Fees Paid, including re-inspection fees
. Trees & Parks Compliance Statement (Trees &
Landscape Department)
. Street numbers on structure (4" Minimum)
. Signs
. Yard Sprinkler
. Fire Protection Sprinkler (if applicable from
Plan Review)
. Health Department
. Fire Marshal (If applicable from Plan Review).
. Handicapped Requirements
. Back Flow Test Certificate
. Site Plan Compliance Form
2 If all of the applicable documents were not received, the Y
system shall NOT allow the CO or Letter of Completion
to be issued.
3 The system shall allow the issuing of a temporary Letter Y - using selected
of Completion or CO and shall capture a "good reporting tool.
through" date. When the date is past, the system shall
issue a reminder.
Close out a Project/Permit
1 The system shall have a way to indicate that a permit is Y
closed.
2 When the permit is marked closed, the system shall Y
check to make sure all inspections have been paid for.
If not, the system shall display a warning.
3 The system shall provide the capability to flag a Y
contractor if they owe money so subsequent permits will
not be issued.
4 The system shall have a way to indicate that a project is Y
closed.
Administration
1 The system shall maintain and assign tax districts. Y
. I - Urban, 2 - Suburban
. Shall allow for additional districts
. Should determine the tax district from GIS
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SOFTWARE LICENSE AGREEMENT
ID Description Vendor Response
2 The system shall maintain a table for permit codes. y
Permit codes are types of permits sold.
. Conversion from existing application
.-
. A permit code is assigned to every permit
. Shall be a user-maintained table.
3 The system shall provide an audit trail of all updates, Y - Hansen tracks
who made them, and what date/time they were made. who and when the last
change to a record
occurs. If a history is
required this can done
using the RDBMS.
Reports
**NOTE** All reports specifically listed shall be
available upon implementation. If your system does not
include these specific reports, and if providing them is
not included in the cost of your application, please
itemize them in the "Customization Costs" section of
the Price Proposal.
1 The system shall generate the required federal and state Y - using selected
forms. FW Dodge, HUD, Census Bureau, etc. reporting tool.
2 Permit Summary Y - using selected
reporting tool.
3 The system shall produce the appropriate reports for the Y - using selected
purpose of balancing cash drawers at the end of the day reporting tool.
and shall have the ability to run for a specified clerk or
an accumulation of all clerks.
4 The system shall produce the appropriate reports to Y - using selected
produce the daily deposits and shall have the ability to reporting tool.
run for a specified clerk or an accumulation of all clerks.
5 The system shall produce the appropriate report(s) to Y - using selected
produce the disbursements. reporting tool.
6 The system shall produce a Permits Sold Report listing Y - using selected
every permit type by date range. The report shall reporting tool.
include count and dollar amount and shall have the
ability to run for a specified clerk or an accumulation of
all clerks.
7 Void Summary Y - using selected
reporting tool.
8 Fee Code - from the Administrative table Y - using selected
reporting tool.
9 Inspection Listing by Inspector (outstanding) Y - using selected
reporting tool.
10 Number of Inspections by Inspector (by date range) Y - using selected
reporting tool.
SOFTWARE LICENSE AGREEMENT
ID Description Vendor Response
11 Letter of Completion (renovations, additions, and Y - using selected
repairs) reporting tool.
12 Certificate of Occupancy (new construction) Y - using selected
reporting tool.
13 Re-inspection Report Y - using selected
reporting tool.
14 Unpaid Permit Report Y - using selected
reporting tool.
15 The system shall have the ability to create user-defined Y - using selected
reports and include them in the system. reporting tool.
16 The system shall have the ability to provide Y - using selected
performance measurement reports. reporting tool.
Miscellaneous
1 The system shall have Inquiry Only access into the Y - but this will
application for inspectors and other departments. This require a named
access shall NOT require any additional licenses and license.
preferably be web based.
2 The system shall have built-in security. (Example: Y
Administrator, Supervisor, Clerk, Inquiry Only)
3 The system shall link to the Business License Y
application.
. Shall make sure the contractor have a business Hansen would suggest
license prior to issuing a permit. using Trade License to
. Shall verify insurance, bond, and state card. validate Contractors.
. If the dates have expired, the contractor can
present their current information and the
building permit personnel can update this
information.
. Get address for mailing.
. Show status to check for bad check and have the
ability to update the status if the permit side
receives a bad check.
4 The system shall have the ability to pull the following Y
information from GIS:
. Map & Parcel
. Census Tract
. Flood Plain
. Tax District
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ID Description Vendor Response
5 The system shall provide document imaging Y - in conjunction
capabilities. with compatible
. The system shall have the ability to scan scanning software and
documents and attach them to appropriate hardware.
records. (Example: Building Plans, Plats,
Letters/Forms received from the customer or
other agencies)
. The system shall have the ability to attach MS
Word documents that were created in-house to
appropriate records (Example: Letter of
Completion, CO)
6 The system shall allow searches by the following fields: Y
. Permit Number
. Project Number
. Owner Name
. Contractor Name
. Project Address
7 The system shall have the ability to get the contractor Y
contact information that is stored in the Business
License application
8 All addresses should be broken into the following Y
components:
. Street Number
. Prefix (direction)
. Street Name
. Road Type (Example: Road, Street, Avenue)
. Suffix (direction)
. Apartment/Suite
9 The system shall be able to link permits together using a Y
master (project) number.
. Commercial and Residential
. Inspections are all on the master permit
(Residential only)
. Individual contractors get their own permits with
no inspections.
. If there is a master permit, capture additional
information. 1 - Project name, and 2 -
Contractor Name
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ID Description Vendor Response
10 The system shall be able to view the status of a Y - using
project/permit via the Internet. DynamicPORT AL.
Agency specific
workflow/functiona
lity can be defined
during the
implementation.
V. CODE ENFORCEMENT
Overview
I All modules must have a similar "look and feel" in terms Y
of navigation, use, etc.
2 The system shall be written with a Windows style GUI. Y
(The system shall be easy to navigate for the users who are
familiar with the Windows environment.)
3 All users shall be able to be logged on at all times. Please N - Being Web
indicate if there are any procedures or processes that based the session
would require users to log off on a day-to-day basis. will 'time out'
during periods of
extend in-activity.
4 Describe how the system handles two or more users Y - if a user
attempting to open and update the same record in a table. attempts to update a
record that another
user has just
updated the system
will inform the user
they need to reload
the record before
updating.
5 The system shall have Inquiry Only access to allow Y - but this will
personnel in other departments to see Code Enforcement require a named
information (i.e., County Administrator's Office (Augusta license.
Cares), Mayor's Office, Marshall's Office, Public Works,
etc.) This access shall NOT require any additional
licenses and preferably be web based. No confidential
information shall be displayed on the Inquiry Only screen.
6 The public and some staffwill not regularly use the Y
system. The system shall provide features designed to
help the casual user navigate through screens (without
assistance) such as the point and describe feature
commonly found in Microsoft Windows based programs.
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ID Description Vendor Response
7 Explain what messages are given to the user when the Licensing is named,
maximum number of users is exceeded. not concurrent. A
licensed user would
never receIve a
message.
8 If City of Augusta, GA employees elect to create additional y
programs (e.g., Reports using Crystal Reports), can those
programs be added to the system menus or toolbars by the
system administrator.
9 The system shall be designed with sufficient editing, Y - However, all
coding, and validation routines to guarantee that data entry types of data entry
errors are avoided and data entry consistency is enforced. errors can never be
entirely 'avoided'.
10 The system shall use pick-lists, or drop-down boxes, to Y
assist users in correctly entering data.
11 When users are entering text, the system shall have word- Y
wrap features like a traditional word processor. (i.e.,
Microsoft Word)
12 Users shall be able to "cut and paste" and "mail merge" Y - cut and paste is
text both from and to word processing packages. supported but there
is no 'mail merge'
functionality.
13 Users shall be able to associate scanned images or other Y - Cases,
items with cases, parcels, etc. Please list all entities to Inspections,
which the user may attach scanned images; explain how Reviews, Hearings,
the user becomes aware that such images exist; and list all Parcels, Addresses,
supported file types. Properties. When
the attachment tab
is selected, the list
of attachments is
visible. All
Windows
compatible file
types are supported.
14 The system shall have the ability to export selected data Y - this is
items to a variety of file formats (i.e., Word, Excel, and supported through
Access, etc.) Please list the file formats you support. the open API and
functionality will
be dependent upon
specific interfaces
created for that
purpose.
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ID Description Vendor Response
15 The proposed software application shall utilize client- This is a MS .Net
server technology. Please explain your recommendation app. The App
for where the application should reside. Please explain resides on the
your recommendation for where the database should Application server.
reside. The database would
reside on the
selected database
server.
16 The system shall have database logging capabilities N/A - This is
managed by the
RDBMS.
17 The system shall provide an audit trail of all updates, who Y - Hansen tracks
made them, and what date/time they were made. who and when the
last change is made
to all records. The
RDBMS can be
used to provide
additional audit
trails.
18 The system shall be able to produce an audit trail (report or N -it maybe
displayed on the screen) of changes made to a specified possible to create a
record. change history
report using the
system RDBMS
and the selected
reporting tool
19 An ongoing maintenance agreement must provide for Y
minor updates and revisions as well as major releases of
the software.
20 The system shall provide a way to remove old records to Y
history (not display them with the active case records), but
stilI provide access to them on-line.
21 The user shall be able to create new or change existing Y
document templates without assistance from the vendor.
22 The vendor shall provide an updated copy of the Y
production database schemas for the purpose of
understanding the system and generating reports. The
vendor shall provide current updates if/when the schemas
change.
Inspection Scheduling and Tracking
1 I The system shall permit an unlimited number of violations Y
relative to a case number.
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ID Description Vendor Response
2 The violation types shall be stored in a predefined table for y
data entry consistency. These tables shall be user
maintainable.
3 The inspection codes for each type of violation shall be y
stored in a predefined table for data entry consistency.
These tables shall be user maintainable.
4 The system shall have the capability to store all Ordinance Y - an interface can
Codes (International Property Maintenance Code Book, be created.
local ordinances, Comprehensive Zoning Ordinance Book,
etc.) in user maintainable tables. The system shall be able
to update these codes electronically ifupdates are issued.
5 The system shall have the ability to create a checklist of Y
"required" processes and prohibit the approval of another
process until all other required processes are completed.
(Work Flow)
6 Inspections and/or re-inspections must automatically get Y
put on the inspector's schedule.
7 Each violation that the City of Augusta, GA assigns may Y
have a different time period to comply. The system shall
allow for rescheduling of inspections based on which
violation has been assigned to a case.
8 The system shall be able to assign cases to inspectors Y - however, this
based on the overlay of an inspector area GIS layer and a will require some
GIS roads layer. If the boundaries of the inspector's area additional
are altered, the system shall allow for a new GIS layer to configuration
be used for case assignment. processes.
9 The system shall allow for extensions of time to be Y
applied to cases. The system shall track why an extension
of time was given. (e.g., appeals, death). The system
shall automatically reschedule the next inspection on the
inspector's calendar.
10 The system shall allow the inspector to track contacts Y - using selected
associated with a case. The system shall allow for these reporting tool.
contacts to be included in the mailing of letters. (May
need multiple letters to go to multiple names/addresses.
Example: Owner and tenant) When generating letters, the
system shall automatically pull in name and address
information to print onto the letters/envelopes. All letters
shall be designed so that window envelopes can be used.
11 The system shall allow for an inspection to be placed at Y - Inspections
the top of the inspection calendar as a priority inspection. have individual
scheduled dates.
These can be
updated as required.
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ID Description Vendor Response
12 Inspectors (with appropriate security) shall have the ability y
to enter the results of inspections.
13 The system must automatically update the case status to Y
"FINAL" once all of the necessary final inspections have
been approved.
14 The system shall time and date stamp every action y
associated with a case number from the beginning to the
end.
15 The system shall track what type of mail is used to send a Y - using selected
letter (e.g., certified, regular, hand delivery). The system reporting tool.
shall be able to print the type of mail on the top right
corner ofthe letter.
16 The system shall allow for a default number of copies for Y - using selected
each type of mailing. The default number of copies must reporting tool.
be user maintainable.
17 The system shall give the inspectors the option to print Y - using selected
any of the Word documents available for all cases at any reporting tool.
time and apply the contact(s) from the case as the person
who will receive the letter(s). (Example: Produce the
letter and hand deliver the letter while he/she is in the
field.)
18 The system shall track when letters are signed for or if Y - in conjunction
they are not signed for within the specified time frame. If with the Hansen
the time limit expires, the system shall automatically Workflow
schedule the next appropriate process. Manager.
19 The system shall allow for an alias table for later updates N - Aliasing is not
in regards to all names, addresses, and positions listed in directly supported.
the letters. (e.g., Mayor Bob Young will not always be However, updates
our Mayor. If an office moves the address may not always to contact
be the address now.) information is
dynamically
propagated
throughout the
system.
20 The system shall allow for the Manger to forward a case to Y
another inspector/manger. Public Officer cases shall allow
the Inspector to forward the case to the Manager.
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21 The City of Augusta, GA schedules inspection Y - using selected
appointments in increments based on inspection reporting tool.
complexity. The system shall:
. Generate a daily inspection schedule for each
inspector based on type of inspection, location of
inspection, or other criteria.
. Cancel inspections
. Schedule certain more complex inspections for
more than standard inspection appointment
(override the default).
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ID I Description Vendor Response
Code Enforcement and Complaint Tracking
1 The system shall have the ability to record, store, and y
retrieve all necessary complaint information about citizen
concerns, which mayor may not lead to code violations.
2 The system shall use AutoText or some other procedure to Y
ensure that road names and suffixes are entered correctly.
(May be a valid map & parcel - PIN - but may not have a
valid address yet. Example: property is subdivided.)
3 The system shall allow the user to print the completed Y - using selected
complaint form if needed. reporting tool.
4 The system shall have the ability to create a reminder or Y
"tickler" so that the user is alerted to the next required
action for a particular complaint/inspection.
5 The system shall have some type of print queue that the Y - using selected
secretaries will have access to in order to print letters, reporting tool.
envelopes, and labels at a time convenient for them.
6 The system shall be able to produce letters and labels Y - using selected
using information from existing case records. reporting tool.
7 The system shall allow for tracking of Certified Mail Y
Numbers.
8 The system shall have the ability to retrieve and place Y - using selected
complaint information into form letters and notices of reporting tool.
violation.
9 The system shall allow the ability to document every time Y
a citizen calls to check the status of a complaint, and
subsequent action that was taken.
10 The system shall track any/all action that was taken on a Y
case. (Example: research and notes.)
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ID Descri
Inte ration with Other S stems, Technolo 'es
1 GIS
Currently the City of Augusta, GA uses ArcGIS 8.3 SDE
Geo database. All image files are in Mr. Sid format. We
have complete Citywide parcels, building outlines, roads,
aerial photography, etc.
. Please describe any integration or interfaces you
offer between the software and GIS.
. The system shall allow for individual parcel-scale
mapping based on the address entered for the
complaint.
· The system shall allow for an identity tool, along
with zooming and panning capabilities so that the
person taking the complaint can follow the
complainant to find an address/PIN if they do not
actually know the address they are complaining
about.
. The system shall periodically update the client's
machines GIS coverages to insure they have the
most current information. Please explain how this
is done.
. Please provide program specs, requirements
(including other software), and costs to achieve
this integration in the Price Proposal.
Software License Agreement
Vendor Res onse
Hansen offers
GeoAdministrator,
an ArcGIS
extension, for
performing
integrated editing
and data
maintenance. It can
read/write to all
ESRI supported file
formats. Also, Map
Drawer utilizes
ArcIMS
technology, which
can read ESRI
supported file
formats.
Page 50 of 64
SOFTWARE LICENSE AGREEMENT
ID Description Vendor Response
2 Hand-held devices/Laptop computers Hansen Mobile
The system shall provide the appropriate capabilities to Solution (HMS)
allow users to operate in the field with either hand-held provides field
devices or with laptop computers. workers with
. Please describe your recommendations. Provide functionality to
the cost in the Price Proposal. complete their daily
. Please explain in detail and provide the cost in the tasks, either via
Price Proposal, if this includes wireless download/upload or
communication. via wireless
connection
including "store
and forward,"
where users can
complete work, and
transmit when
connected. We
recommend HMS
be deployed on a
tablet or laptop.
Optionally, Hansen
8 is a Web
application, and if
field workers have
remote access they
can run full Hansen
8 from the field.
3 Please outline any special features that you offer if these Send inspections
technologies are utilized. Provide cost information, if and work orders to
appropriate, in the Price Proposal. inspectors/worker
out in the field.
Log inspection
results, notes, etc.
and send back to
the server via
wireless, and if not
connected, utilize
"store and forward"
functionality that
sends when
connected.
Soflware License Agreement
Page 51 of64
SOFTWARE LICENSE AGREEMENT
ID Description Vendor Response
4 MS Word All reporting and
The system shall allow generation of an infinite number of 'letters' would be
custom letters. generated using the
. Please describe how your application generates agencies selected
letters within the application. reporting tool. All
. The system shall allow "new" letters to be created functionality
with merged data fields from the database. including creating
. The system shall store a copy of every letter archival copies
created. would be based on
that applications
functionality.
5 Global Positioning Systems (GPS) Real-time inspector
The system shall accommodate a data collection device tracking would be
(example: laptop, PDA, etc.) to have a built-in GPS unit. achieved by an
. Should have the capability to track and display the interface or custom
location of any/all inspector(s) in real-time from development.
the manager's workstation. Hansen has partners
. Should enable the system to use GPS to track the who specialize in
inspector's mileage. telematics, and
. Should allow for real-time directional mapping tracking, as well as
based on where an inspector is and where his next using GPS to show
inspection will be. where the inspector
. Should enable the system to pinpoint the location is and routing.
of the inspector within 15 feet. Hansen Map
Drawer can
currently plot the
location of the
inspector either by
address or X, Y,
however GPS
polling would need
to be accomplished
with an interface or
partner.
6 Security N/ A - Hansen 8 has
. The system shall provide security so that only appropriate security
someone with the appropriate security can login to features that work
the hardware device and access the system. in conjunction with
. Would like the system to provide an alarm button the database.
if an inspector is in trouble. (i.e., panic button) Hardware devices
are expected to
come with their
own security
features.
Soflware License Agreement
Page 52 of64
SOFTWARE LICENSE AGREEMENT
ID Description Vendor Response
7 Digital Photos Y - Hansen 8
The system must allow multiple digital photos to be allows you to attach
attached to a case for later reference and printing. photos and other
Windows
acceptable file
formats to a case.
8 Document Imaging Y IN Hansen 8
The system shall have the capability to scan documents, allows you to attach
pictures, etc. and attach them to a case. photos and other
Windows
acceptable file
formats to a case.
Access to a scanner
is required.
9 Internet Access Hansen's
. The system shall provide Inquiry Only access to DynamicPORT AL
allow the public to see the status of Code provides citizen
Enforcement cases via the Internet or Public access via the
workstations. This access shall NOT require any Internet to inquire
additional licenses. No confidential information about, or even
shall be displayed on the Inquiry Only screen. submit a service
. The system shall allow complaints to be entered request, report code
via the Internet or Public workstations. violations, or apply
for or view permits.
Citizen access is
achieved via their
Web browser.
Reports and Queries/Searches
**NOTE** All reports specifically listed shall be
available upon implementation. If your system does not
include these specific reports, and if providing them is not
included in the cost of your application, please itemize
them in the "Customization Costs" section of the Price
Proposal.
1 Please provide a listing of reports that are packaged with None
the system. If the list of reports is too lengthy to outline,
please describe the different "families" of reports that
come with the system.
2 Please describe any features within the system that assist This will be
users in developing custom reports. dependent upon the
selected reporting
tool.
3 The staff shall be able to create custom reports as needed Y - using selected
and have them accessible within the application. reporting tool
Software License Agreement
Page 53 of64
SOFTWARE LICENSE AGREEMENT
ID Description Vendor Response
4 List the report writing software(s) compatible with your Crystal Reports (9
application. and above) and MS
Reporting Services
5 The system shall provide performance measurement Y - using selected
reports. reporting tool
6 All reports shall have totals at the end for record count and Y - using selected
any dollar amount listed. reporting tool
7 All reports shall have a date range option. Y - using selected
reporting tool
8 All reports shall have the capability to select cases that are Y - using selected
active, inactive or both. reporting tool
9 All reports shall have capability to select cases assigned to Y - using selected
a specified inspector(s) or all inspectors. reporting tool
10 The next four (4) reports (preceded by "*,, ) shall have the Y - using selected
ability to be generated by: reporting tool
. Zip code
. Commission district
. Subdivision
. Historic districts
11 The next four (4) reports (preceded by "'*") shall list the Y - using selected
following information: reporting tool
. Inspector initials
. Case number
. Date violation letter was sent
. Property address
. PIN #
. Violation Type (e.g., 7-2-2, 7-1-16 MH, 4-2-2, etc.)
. Date certified mail was signed for
. Date letter returned (unclaimed, refused, etc.)
. Court date
. Owner name
12 * The system shall have a report listing properties that are Y - using selected
condemned for occupancy. reporting tool
13 * The system shall have a report of all properties that Y - using selected
involve structures. reporting tool
14 * The system shall have a report listing selected violation Y - using selected
type(s). reporting tool
15 * The system shall have a report listing active and/or Y - using selected
inactive cases for selected (or all) inspector(s). reporting tool
16 The system shall have a Court Case report. Y - using selected
reporting tool
17 The system shall have a Vacant Lot report. Y - using selected
reporting tool
Sonware License Agreement
Page 54 of 64
Software License Agreement
Page 55 of64
SOFTWARE LICENSE AGREEMENT
ID Description Vendor Response
18 The system shall have a Public Officer report and shall Y - using selected
have the ability to select a date range for hearing date. reporting tool
19 The system shall have an Activity report. Y - using selected
reporting tool
20 The system must allow on-line queries/searches of the Y
following fields:
. Complainant last name
. Commission District
. Case #
. Certified mail number
. PIN #
. Street #
. Street name
. GBA Request or Work Order # (Augusta Cares)
. Inspector
. Subdivisions
. Referred By
. All active cases
. All inactive cases
. All combined cases
. Order to proceed (city crew)
. All court cases
. All active court cases
. Dismissed court cases
SOFTWARE LICENSE AGREEMENT
Attachment 2 - Cost of Services
Augusta, GA
Pricing for Hansen 8™ for License & Inspection Software
Prepared for: Ms. Geri Sams / Purchasing Department
Solicitation Number: 04-114
SOFTWARE COSTS Unit Price Quantity
Catalog#
Server Licenses
LC-08 Hansen 8™ - Building & Use Permits
(includes Use, Project, Planning)
LP-08
LL-08
Hansen 8™ - Code Enforcement
Hansen 8™ - Business & Trade
Licensing
Hansen 8™ - Customer Service
(includes all the call center software,
knowledge base, SOPs, and
workflow)
Cashiering Licenses
CS-08
CM-Ol
Client Access Licenses (CALs)
CAL Universal CALs
View Only Access
Extended Licenses
Map Drawer
Data Miner
Attachments Catalog
DYP-P DynamicPORTALTM for Permits (see
notes below)
Mobile Solutions Software (Price
MBL-HWY Includes Custom Coding)
SOFTWARE TOTAL
56% Software Discount
(Excludes MBL-HWY)
DSI ESCROW - FLEX SAFE
AGREEMENT
NET SOFTWARE TOTAL
Soflware License Agreement
$25,000
$25,000
$25,000
$25,000
$7,500
$2,500
NC
Included
Included
Included
$35,000
$2,500
1
1
I
1
2
40
Cost
$25,000
$25,000
$25,000
$25,000
$15,000
$100,000
NC
NC
NC
NC
1 $35,000
10 $25,000
$275,000
($140,000)
NC
I $135,000
Page 56 of 64
SOFfW ARE LICENSE AGREEMENT
Per Day
PROFESSIONAL SERVICES & (unless
FEES Unit Price noted)
PS-PM Project Manager $1,500 30 $45,000
PS-IS Configuration Specialist $1,500 40 $60,000
BAN Business Analyst $1,400 20 $28,000
PS-ICT Installation and Configuration (per
server) $7,500 1 $7,500
PS-DCD Data Conversion AnalysisI $7,500 2 $15,000
PS-SRA Scope Requirement Analysis for
Interface DevelopmentI (per data $6,000 1 $6,000
source)
Report Development $1 ,400 30 $42,000
PS-Ol On-Site Training $1,500 20 $30,000
PS-DPI Configuration and Installation for $15,000
DynamicPORTALTM Permits3
Installation and Setup for HMS
MBL-HWY (standard functionality) $15,000
EXP Out of Pocket Expenses $21,000
PROFESSIONAL SERVICES &
FEES TOTAL $284,500
TOTAL IMPLEMENT A TION
COSTS6 $419,500
Software
ON-GOING SUPPORT COSTS Rate Costs
Hansen's Service and Maintenance
SMA-CS Agreement 7 - Year 2 20% $275,000 $55,000
(Excludes Crystal Report Writer)
Mobile Software Service and
SMA-MBL Maintenance Agreement 7 - Year 2 20% $25,000 $5,000
Days or
OPTIONAL Rate Users
Pre-Deployment Design Analysis8 $1,200 0 $0
CRY -01 Crystal Report Writer $1,500 1 $1,500
Hansen Authorized Signature9 ~~ ~ ~
Date: Revised May 19,2005 Price Quote by Tammi
Rowlan
Software License Agreement
Page 57 of 64
NOTES
SOFfW ARE LICENSE AGREEMENT
***Please see Descriptions tab for detailed information on software***
I Data conversion and system interface analysis costs are based upon the analysis of each
data source. Additional design and developments costs will be determined after analysis,
if needed. The analysis will be billed according to the prices shown and mayor may not
be credited to the actual price of the interface development.
2 3 days of PS-GIS are required when purchasing GeoAdministrator™ which consists of
data consulting, implementation, and training for up to 1 0 users.
3 Configuration and Installation for DynamicPORT ALTM Permits - Includes 1 day setup
by PS-NE and 9 days of coordination and testing by PS-PM.
4 Includes 10 days of analysis by the PS-PM to document configuration requirements for
'Step 5 - Job Details' pages and custom PDFs. The analysis will be billed according to
the prices shown and will not be credited to the actual prices of the DynamicPORTAL
development.
5 Expenses are estimated. Actual amount(s) to be billed as incurred.
6 The unit costs, i.e. software costs per seat, hourly rates, daily rates etc. are firm and
considered fixed. Hansen Information Technologies has put forth its best efforts to
accurately determine the needs of your agency, but the precise needs cannot be
determined at this juncture. The needs of a client, such as data conversion, training,
project management, interface analysis and the number of seats of software required, are
dependent upon the individual circumstances of that client. Therefore, Hansen
Information Technologies cannot state unequivocally that all costs for the entire proposal
are fixed and firm; although, every effort has been made to be as accurate as possible.
7 SMA Payment Schedule.
Total Maintenance Cost
Maintenance per Module
Per Module per Month
$55,000
$13,750
$1,146
Code Enforcement
Business License
Excise Tax
Building Permits
8 This option consists of doing a pre-deployment study of the Agency's existing business
process in order to determine a firm amount of professional services the Agency's
implementation will cost. The analysis will be billed according to the prices shown and
will not be credited to the actual price of the implementation.
9 Unless accompanied by an authorized signature above, this quote is for budgetary
purposes only. If signed, this quotation is valid for 90 days.
Soflware License Agreement
Page 58 of64
SOFTWARE LICENSE AGREEMENT
Software, Professional Services & Fee Descriptions
Attachments A collection of files that can be attached to Hansen 8™ records. The catalog
Catalog points to a directory on a server that contains the actual files. A catalog may
include a variety of types of files, such as images of common problems or
instructional documentation records.
Hansen's Cashiering module provides you with the ability to perform front-office
transactions with each of these Hansen module. The Cashiering module accepts
payments, provides receipts to customers, and displays relevant information about
the transaction and customer. It also features full keyboard input and direct
interfaces to credit card readers, cash drawers, and receipt printers. In addition,
bills which are not stored in your Hansen database can be paid and recorded under
categories that you define.
A license giving an individual user access to the Hansen 8™ product.
Cashiering
License(s)
(CM-Ol)
Client Access
License (CAL)
Crystal Report
Writer
Data Miner
Dynamic
PORTALTM
Software License Agreement
This represents Hansen's standard and ad hoc reporting module using a
combination of off-the-shelf Crystal Reports software and Help Desk support.
Clients have found that Hansen 8 includes the majority of the reports they need.
However, for your unique reporting requirements, Crystal Reports, backed by
training and phone support from professionals familiar with Hansen software will
add the functionality you need.
The Data Miner is a tool that allows you to view information from other parts of
Hansen 8 that relate to a contact or location. For example, if your agency has
purchased the Hansen 8 Customer Service product, you can use the Contact Data
Miner to view any service requests submitted by that customer and the Location
Data Miner to view any service requests associated with the address. When the
Contact or Location Data Miner opens, it will display tabs for some of the products
your agency has purchased.
Hansen's DynamicPORTALTM provides several intention-specific service portals
for Hansen customers. These portals will allow state and local governments to
provide automated services from their Web sites as a service to their
citizens/customers by simply providing users with a link to the hosted site. Page
presentations for DynamicPORTALTM are branded to match agency standards for
Web presence and site graphics. Services provided by these offerings will directly
connect with the Hansen database. When a citizen selects a process from the
DynamicPORTALTM page, a secured browser window (or portal) opens to receive
the information required to complete the intended process. Prior to a
DynamicPORT AL implementation, it is assumed that the client will obtain and
configure an application server according to the specifications detailed here:
http://www.hansen.comlpublications/Dynami cPortal-specs. pdf.
Page 59 of 64
SOFTWARE LICENSE AGREEMENT
Building permits are typically required and issued for the construction, alteration,
addition or repair of both major and minor structures including commercial and
residential buildings, sheds, detached garages, fences, decks, and pools. Building
permits support plan review processes, field inspections, re-inspections, tracking
and resolving code violations, auto assignment of both inspections and reviews, job
estimation, calculating and managing fee schedules and the payment of fees.
Additional conditions of approval can also be managed and tracked.
Use permits are issued to allow the use of public spaces or structures by private
individuals and businesses or the use of privately owned building and building
equipment by the public. The types of uses would include periodic safety
inspections of elevators, pressure vessels and other building elements; temporary
atypical storage uses, and special events such as flea markets, fairs, etc. Use
permits support fee calculation and fee payment, periodic inspection schedules,
auto assignment of inspections, review processes and conditions of approval.
Planning Actions are typically required when the boundaries or use of land is to be
altered or actively developed. Typical planning actions include rezoning,
subdividing, subdividing with commercial or residential development, special uses,
and many others. Planning applications support complex review processes, the
application and management of planning conditions, scheduling and tracking the
results of board hearings, fee calculation and payment and additional conditions of
approval.
Project Permits are intended to be used to manage larger construction 'projects'
such as a major subdivision, shopping mall, or high rise building, that will allow
the users to attach or link many individual building permits to that single large
project. The Project module also supports the creation and management of
standardized tract housing 'models' that can later be associated to many different
individual building permits. Projects supports plan review processes, field
inspections, re-inspections, tracking and resolving code violations, auto assignment
of both inspections and reviews, job estimation, calculating and managing fee
schedules and the payment of fees. Additional conditions of approval can also be
mana ed and tracked.
Soflware License Agreement
Page 60 of 64
SOFTWARE LICENSE AGREEMENT
Trade Licenses are used to issue and/or track professional certification in either the
construction trades (mechanical, electrical, plumbing) or any other certification
that the agency wishes to track (certified or licensed architect, third party
inspections, etc). Trade licenses support reviews and testing as well as renewal
processes, fee assessment and collection, and associating licensed individuals with
other entities (such as contracting firms, developers, architectural firms, etc.).
General Licensing is used to authorize and track any of the following categories of
activities: commercial licensing (business), equipment, animal, premises.
Licensing includes the ability to manage multiple activity categories on a single
'master license' record (individual categories are referred to as endorsements),
renewal processes, fee assessment and collection, review processes, and additional
conditions of a rovaI.
The Customer Service (includes all the call center software, knowledge base,
SOPs, and workflow).
Hansen 8™ Customer Service product streamlines recording customer problem
calls, dispatching field personnel, recording field inspections and their costs, and, if
purchased with Hansen's Asset Management solution, provides the link between
the customer call and the work in the field. With this tool, problem resolution is
tracked along with the total cost from the call to the work.
Sollware License Agreement
Page 61 of64
SOFTWARE LICENSE AGREEMENT
Attachment 3 - Implementation Schedule and Project Acceptance
Task Task Description Status Date Date
ID Scheduled Complete
1 Contract Negotiation IN .
PROGRESS
2 Acquisition of Performance Bond by Hansen
3 Completion of Contract
City Attorney Contract Review ~l~~l(J$
Project Approval by Augusta Commission f1l~.lQ~
Augusta Mayor signature and Hansen fll.r,m$
signature
4 30% Payment upon signing of contract ilIJ$lQ$
5 License & Inspection Procedures Study and 8/15/05 -
existing database analysis, setup, and 12/16/05
converSIon.
6 Acquisition and Setup of Hardware: 8/8/05
Site should be ready for installation of software
according to details of the RFP.
7 Acquisition of Software 8/8/05
8 Appropriate Hansen Software installed and 8/8/05
configured.
Installation and configuration of appropriate
software on servers.
9 40% Payment upon completion of software 8/8/05
installation
10 Code Enforcement
A. Conversion of existing data for testing. 1/13/06
B. Training and Testing for Code Enforcement. 1/16/06 -
3/10/06
C. Final conversion of Code Enforcement Data 3/13/06
D. Go-Live for Code Enforcement (including 3/20/06
customizations as requested in advance)
E. Project Acceptance
45 days since "Go-Live" with no unresolved 5/4/06
system problems.
Satisfaction of all requirements in 5/4/06
Attachment 3 of this Agreement.
Completion of Code Enforcement Renewal 5/4/06
process in February 2006
F. 7.5% Payment upon Code Enforcement 5/4/06
Acceptance.
11 Business License
A. Conversion of existing data for testing. 2/10/06
B. Training and Testing for Business License. 2/13/06 -
4/7/06
Soflware License Agreement
Page 62 of 64
SOFTWARE LICENSE AGREEMENT
C. Final conversion of Business License Data 4/10/06
D. Go-Live for Business License (including 4/17/06
customizations as requested in advance)
E. Project Acceptance
45 days since "Go-Live" with no unresolved 5/31/06
system problems.
Satisfaction of all requirements in 5/31/06
Attachment 3 of this Agreement.
Completion of Business License Renewal 5/31/06
process in February 2006
F. 7.5% Payment upon Business License 5/31/06
Acceptance.
12 Excise Tax
A. Conversion of existing data for testing. 3/10/06
B. Training and Testing for Excise Tax. 3/13/06 -
5/12/06
C. Final conversion of Excise Tax Data 5/15/06
D. Go-Live for Excise Tax (including 5/22/06
customizations as requested in advance) .
E. Project Acceptance
45 days since "Go-Live" with no unresolved 7/6/06
system problems.
Satisfaction of all requirements in 7/6/06
Attachment 3 of this Agreement.
Successful run of monthly reports 7/6/06
F. 7.5% Payment upon Excise Tax Acceptance. 7/6/06
13 Building Permits
A. Conversion of existing data for testing. 4/7/06
B. Training and Testing for Business Permits. 4/10/06 -
6/9106
C. Final conversion of Business Permits Data 6/12/06
D. Go-Live for Business Permits (including 6/19/06
customizations as requested in advance)
E. Project Acceptance
45 days since "00- Live" with no unresolved 8/2/06
system problems.
Satisfaction of all requirements in 8/2/06
Attachment 3 of this Agreement.
Successful run of monthly reports 8/2/06
F. 7.5% Payment upon Building Permits 8/2/06
Acceptance.
Software License Agreement
Page 63 of 64
, r
. AlA Document A312m - 1984
Performance Bond
CONTRACTOR (Name and Address):.
310
SURETY (Name and Principal Place of
Business):
National Surety Co.
c/o: AMS Surety Holdings
Bond Underwriting Unit
One Commerce Center
] 20 1 North Orange Street
Wilmington, Delaware 1980]
OWNER (Name and Address): l" "
~ Augustat ~(.V 'l.Y~ A- nO (, l' (Kf .> vS -d.1 VI i4t~ c>f- -1\t..
..Qty Government - Municipalitl ~ tc:)v......~ ~~ ctf- Ge"'''''-'''4-
Purchasing Department
530 Greene Street, Room 605
Augusta, Georgia 30911
Hansen Information Technologies
Corporation, General Corporation
11092 Sun Center Drive
Rancho Cordova, California
95670-6109
CONSTRUCTION CONTRACT
Date: July 11,2005
Amount: $420,000.00
Description (Name and Location):
Hansen Information Technologies performing software consulting.
implementation, and technical services to the City of Augusta, located at:
City of Augusta
Information Technology Department
1815 Marvin Griffin Road
Augusta, Georgia
BOND
Date (Not earlier than Construction Contract f)ate): July 20, 2005
Amount: $420,000.00
Modifications to this Bond: cx=J None c=J See Last Page
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the
original AlA standard form. An
Additions and Deletions Report
that' notes added information as
well as revisions to the standard
form text is available from the
author and should be reviewed.
A vertical line in the left margin of
this document indicates where
the author has added necessary
information and where the author
has added to or deleted from the
original AlA text.
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
Any singular reference to
Contract, Surety, Owner or other
party shall be considered plural
where applicable.
AlA Document A312™ -1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is
protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of It, 1
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possIble under the law. This document was produced
by AlA software at 12:42:40 on 07/20/2005 under Order No. 1000187290_1 which expires on 7f712006, and is not for resale.
User Notes: (489659785)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Hansen ~AMS SURETY
Information I IOLDI:-.IGS
Technologies Corp.
Signature: Signature:
Name Chuck Hansen Name and
and Title: Chairman & CEO Title:
(Any additional signatures appear on the last page)
NO AGENT OR BROKER -
WRITTEN DIRECT BASIS
Purchasing Department
530 Greene Street. Room 605
Augusta. Georgia 30911
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE
(Architect, Engineer or other party):
AlA Document A312™ -1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It, 2
may result In severe civil and crIminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:42:40 on 07/20/2005 under Order No.l000187290_1 which expires on 7/7/2006, and is not for resale.
User Notes:. (489659785)
~ 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein
by reference.
~ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as provided in Section 3.1.
~ 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after:
~ 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the
Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with
the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be
allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's
right, if any, subsequently to declare a Contractor Default; and
~ 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the
contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety
have received notice as provided in Section 3.1; and
~ 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of
the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the
terms of the contract with the Owner.
~ 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
~ 4.1 Arrange for the Contractor, wi th consent of the Owner, to perform and complete the Construction Contract; or
~ 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent
contractors; or
~ 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the
Owner the amount of damages as described in Section 6 in excess of the Balance of the Contract Price incurred by
the Owner resulting from the Contractor's default; or
~ 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the Owner citing reasons therefor.
~ 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
~ 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety
elects to act under Section 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of
this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and
damages on the Construction Contract, the Surety is obligated without duplication for:
AlA Document A312™ -1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Documenlls
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, 3
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:42:40 on 07/20/2005 under Order No.l000187290_1 which expires on 7/7/2006, and is not for resale.
User Notes: (489659785)
~ 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
~ 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting
from the actions or failure to act of the Surety under Section 4; and
~ 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of the Contractor.
~ 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
~ 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
~ 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails
to perfonn its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit
shall be applicable.
~ 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the.
signature page.
~ 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted here from and provisions conforming to such statutory or other legal requireinent shall be
deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common
law bond.
~ 12 DEFINITIONS
~ 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any
amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which
the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the
Construction Contract.
~ 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
~ 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or
otherwise to comply with the terms of the Construction Contract.
~ 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as
required by the Construction Contract or to perform and complete or comply with the other terms thereof.
AlA Document A312™ - 1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, 4
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:42:40 on 07/20/2005 under Order No.1000187290_1 which expires on 7/7/2006. and is not for resale.
User Notes: (489659785)
~ 13 MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
(Space is provided below Jor additional signalllres oj added parties, olher lhan those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Hansen Information ~I AMS SURETY
Technologies Corp ~ IIOLDI~GS
Signature:
Name and Title:
Signature:
Name and Title:
Chuck Hansen
Chairman & CEO
11092 Sun Center Drive
Rancho Cordova. California
95670-6109
J. omas Maglio
Senior Vice-President
One Commerce Center
1201 North Orange Street
Wilmington. Delaware 19801
Address:
Address:
"':~'~"""""";';;i.
'ffr
i(
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.~ II/j~) 'a~-'<. <..' ',]
) f' ~~.:
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,rr.~n':'''''i'':''t~1
,.
lll.'~ J
" .",
.(,.,,',
. 0
...
AlA Document A312™ - 1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved. WARNtNG: ThIs AlA * Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrIbution of this AIA* Document, or any portion of It, 5
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:42:40 on 07/20/2005 under Order No. 1000187290_1 which expires on 7/7/2006, and is not for resale.
User Notes: (489659785)
Payment Bond
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of
Business):
AMS Surety Holdings. General
Corporation
One Commerce Center
120 I North Orange Street
Wilmington, Delaware 19801
Hansen Information Technologies Corporation.
General Corporation
11092 Sun Center Drive
Rancho Cordova, California 95670-6109
OWNER (Name and Address):
City of Augusta. City Government -
Municipality
Purchasing Department
530 Greene Street, Room 605
Augusta, Georgia 30911
CONSTRUCTION CONTRACT
Date: July 20, 2005
Amount: $420,000.00
Description (Name and Location):
Hansen Information Technologies performing software consulting, implementation, and
technical services to the City of Augusta. located at:
City of Augusta.
Information Technology Department
1815 Marvin Griffin Road
Augusta. Georgia
BOND
Date (Not earlier thall COlls/fllc/ion COlltrac/ Date): July 20, 2005
Amount: $420.000.00
Moditll'ations to this Bond: CD None CJ See Last Page
CONTRACTOR AS PRINCIPAL
Company: (Corpora/('S('a/)
.llanscn Infllrlll:llin.n ~I
1,'chnologl\:sLnrp ~
SURETY
Company:
M.1S SlIRLTY
IIOI.Dl:-.lGS
J. Thomas Maglio
Senior Vice-President
Signature:
Name and Title:
Signature:.
Name and Title:
Chuck Hansen
Chairman & CEO
(Any additional signatures appear Oil the last page)
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect.
Engineer or other parry):
NO AGENT OR BROKER - WRITTEN
DIRECT BASIS
Purchasing Department
530 Greene Street. Room 605
Augusta, Georgia 30911
AlA Document A312"" -1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document. or any portion of It. 6
may result In severe cIvil and criminal penalties, and will be prosecuted to the maxImum extent possible under the law. This document was produced
by AlA software at 12:42:40 on 07/20/2005 under Order No.1000t87290_1 which expires on 7/7/2006, and is not for resale.
User Notes: (489659785)
~ 1 The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference.
~ 2 With respect to the Owner, this obligation shall be null and void if the Contractor:
~ 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
~ 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or
entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the
performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety
(at the address described in Section 12) of any claims, demands, liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default.
~ 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
~ 4 The Surety shall have no obligation to Claimants under this Bond until:
94.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety
(at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being
made under this Bond and, with substantial accuracy, the amount of the claim.
94.2 Claimants who do not have a direct contract with the Contractor:
.1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner,
within 90 days after having last performed labor or last furnished materials or equipment included in
the claim stating, with substantial accuracy, the amount of the claim and the name of the party to
whom the materials were furnished or supplied or for whom the labor was done or performed; and
.2 Have either received a rejection in whole or in part from the Contractor, or not received within 30
days of furnishing the above notice any communication from the Contractor by which the Contractor
has indicated the claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the
address described in Section 12) and sent a copy, or notice thereof. to the Owner, stating that a claim
is being fnade under this Bond and enclosing a copy of the previous written notice furnished to the
Contractor.
95 If a notice required by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient
compliance.
96 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's
expense take the following actions:
96.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the
amounts that are undisputed and the basis for challenging any amounts that are disputed.
9 6.2 Payor arrange for payment of any undisputed amounts.
97 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
~ 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy c1ai ms, if any, under any Construction Performance Bond.
By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety
under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
99 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on
behalf of, or otherwise have obligations to Claimants under this Bond.
AlA Document A312™ -1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is
protected by U.S. Copyright Law and InternatIonal Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of It, 7
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:42:40 on 07/20/2005 under Order No.1 000187290_1 which expires on 7/7/2006. and is not for resale.
User Notes: (489659785)
~ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
~ 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from
the date (1) on which the Claimant gave the notice required by Section 4.1 or Section 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last materials or equipment were Furnished by anyone under the
Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited
by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
~ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the signature page.
~ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common
law bond.
~ 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
~ 15 DEFINITIONS
915.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor. materials or equipment for use in the performance of the Contract. The intent of this
Bond shall be to include without limitation in the terms "labor, materials or equiprilent" that part of water, gas,
power. light, heat. oil. gasoline, telephone service or rental equipment used in the Construction Contract,
architectural and engineering services required for performance of the work of the Contractor and the Contractor's
subcontractors. and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,
materials or equipment were furnished.
9 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
Signature:
Name and Title:
Chuck Hansen
Chairman & CEO
11092 Sun Center Drive
Rancho Cordova, California
95670-6109
Signature:
Name and Title:
915.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived. to pay the Contract
required by the Construction Contract or to perform and complete or comply with the other terms thereof.
916 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the c
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Hansen Information ~ I AMS SURETY
Technologies Corp ~ HOLDINGS
Address:
Address:
J. Tomas Maglio
Senior Vice President
One Commerce Center
120 I North Orange Street
Wilmington, Delaware 19801
AlA Document A312™ -1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved. WARNING: ThIs AlAe Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thIs AlAe Document, or any portion of It, 8
may result In severe civil and crimInal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:42:40 on 07/20/2005 under Order No.1 000 187290_' which expires on 7/7/2006. and is not for resale.
User Notes: (489659785)
Additions and Deletions Report for
@ TM
AlA Document A312 - 1984
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AlA document in order to complete it, as well as any text the author may have added to or deleted from
the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizonlalline through the original AlA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AlA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AlA software at 12:42:40 on 07/20/2005.
PAGE 1
Hansen Information Technologies
Corporation. General Corporation
11092 Sun Center Drive
Rancho Cordova. California
95670-6109
National Suretv Co.
c/o: AMS Suretv Holdings
Bond Underwriting Unit
One Commerce Center
120 I North Orange Street
Wilmington. Delaware 19801
Citv of Augusta
City Government - Municipality
Purchasing Department
530 Greene Street. Room 605
Augusta. Georgia 30911
~
Date: July 11. 2005
Amount:
Amount: $420.000.00
Hansen Information TechnoloQies performing software consulting,
imp[enlentation. and technical services to the City of AW2Usta. located at:
City of Augusta
Information Technology Department
1815 Marvin Griffin Road
AUQusta. Georgia
Data (Net cs.rlicr thslR CenGtruction Ce:'ltNlct Ds.tc):
Date (Not earlier than Construction Contract Date): July 20. 2005
l.mOl:lflt:
Amount: $420.000.00
ModificatioHS to this BOAd:
Modifications to this Bond:
[i3=:
See Last Page
See Last Page
B
PAGE 2
Hansen
Information
TcchnoIol!ies Corp.
AMS SURETY
HOLDlNGS
Additions and Deletions Report for AlA Document A312™ - 1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved.
WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this
AlA"' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under
the Jaw. This document was produced by AlA software at 12:42:40 on 07/20/2005 under Order No. t000187290_1 which expires on 7/7/2006, and is not for
resale.
User Notes: (489659785)
1
Name and Title:
Name and Title:
Chuck Hansen
Chairman & CEO
Name and Title:
Name and Title:
1. Thomas Maglio
Senior Vice-President
Name and
+it!ei-
Name
and Title:
Chuck Hansen
Chairman & CEO
Name and
+it!ei-
Name and
Title:
1. Thomas Maglio
Senior Vice-President
NO AGENT OR BROKER -
WRITTEN DIRECT BASIS
Purchasing Department
530 Greene Street. Room 605
Augusta. Georgia 30911
PAGE 5
Hanscn Information
Technologies Corp
AMS SURETY
HOLDINGS
Address:
Address:
11092 Sun Center Drive
Rancho Cordova. California
95670-6109
Address:
Address:
One Commerce Center
1201 North Orange Street
Wilmington. Delaware 19801
PAGE 6
Hansen Information Technologies Corooration.
General Corporation
11092 Sun Center Drive
Rancho Cordova. California 95670-6109
AMS Surety Holdings. General
Corporation
One Commerce Center
120 I North OranQe Street
Wilmington. Delaware 19801
Citv of AUQusta. City Government-
Municipality
PurchasinQ Department
530 Greene Street. Room 605
AUQusta. GeorQia 30911
!)ate.;.
Date: Julv 20. 2005
,^.mount:
Amount: $420.000.00
Hansen Information Technologies performing software consulting, implementation. and
technical services to the City of Augusta. located at:
City of Augusta
Information TechnoloQY Department
1815 Marvin Griffin Road
AUQusta. Geon!ia
Date (Nst cflrlier thal'! Censtruction Contract D81e):
Date (Not earlier than Construction Contract Date): July 20. 2005
Amount:
Additions and Deletions Report for AlA Document A312Tl.1 - 1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved.
WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrIbutIon of this 2
AlAe Document, or any portion of It, may result In severe cIvil and criminal penalties, and will be prosecuted to the maximum extent possible under
the law. This document was produced by AlA software at 12:42:40 on 07/20/2005 under Order No.l000187290_1 which expires on 7/7/2006, and is not for
resale.
User Notes: (489659785)
Amount: $420,000.00
ModificatioRs to t!:tis Bond:
Modifications to this Bond:
~::
II See Last Page
c=J See Last Page
Hansen Information
Technologies Com
AMS SURETY
HOLDINGS
Name aRd Title:
Name and Title:
Chuck Hansen
Chairman & CEO
Name aRd Title:
Name and Title:
J. Thomas Maglio
Senior Vice-President
NO AGENT OR BROKER - WRITTEN
DIRECT BASIS
Purchasilu! Department
530 Greene Street. Room 605
Augusta. Georgia 309 I I
PAGE 8
Hansen Information
Technologies Com
AMS SURETY
HOLDINGS
Name aRd Title:
Name and Title:
Chuck Hansen
Chairman & CEO
Name aRd Title:
Name and Title:
1. Thomas Maglio
Senior Vice President
.^.ddress:
Address:
11092 Sun Center Drive
. Rancho Cordova, Cali fornia
95670-6109
Address:
Address:
One Commerce Center
1201 North Orange Street
Wilmington. Delaware 19801
Additions and Deletions Report for AlA Document A312™ - 1984. Copyright @ 1984 by The American Institute of Architects. All rights reserved.
WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 3
AlAe Document, or any portion of It, may result In severe civil and criminal penaltIes, and will be prosecuted to the maxImum extent possible under
the law. This document was produced by AlA software at 12:42:40 on 07/20/2005 under Order No.1000187290_1 which expires on 7/7/2006, and is not for
resale.
User Notes: (489659785)
" .,>
Certification of Document's Authenticity
AIA@ Document 0401 ™ - 2003
l, J. Thomas Maglio, hereby certify, to the best of my knowledge, information and belief, that I created the attached
final document simultaneously with its associated Additions and Deletions Report and this certification at 12:42:40
on 07/20/2005 under Order No. 1000187290_1 from AlA Contract Documents software and that in preparing the
attached final document 1 made no changes to the original text of AlA@ Document A312™ - 1984 - Performance
Bond, as published by the AlA in its software, other than those additions and deletions shown in the associated
Additions and Deletions Report.
(S;g",~ 1l.uo .
.$tfoI;(Jl r/"P
(Title)
-
);) ~ 26th AfJ. AJ.!.At i . ..!...., b! .
(Dated) ~'\J
AlA Document 0401 TM - 2003. Copyrlght@ 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING; This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. UnauthorIzed reproduction or distribution of this AlA'" Document, or any portion of It, 1
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at t2:42:40 on 07/20/2005 under Order No.l000187290_1 which expires on 7/7/2006, and is not for resale.
User Notes: (489659785)
DOCUMENT NO. 05-AMS4100-6428
AMS SURETY HOLDINGS - NATIONAL SURETY
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS, That the National Surety Corp, AMS Surety Holdings Co., and First Florida Captive Holdings
Co.; a corporation of the State of Florida, having it's principal offices in the City of Wilmington, Delaware, does make, constitute, and appoint
-----J. THOMAS MAGLIO, SENIOR VICE-PRESIDENT; OF WILMINGTON, DELAWARE-------
Its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all
bonds, both admitted and non-admitted, letters of credit, undertakings, and contents of suretyship, provided that no bond or contract of suretyship
executed under this authority shall exceed in amount the sum of
------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED $7,500,000.00
SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
"RESOLVED, that the President, and the Secretary or Treasurer, acting mdividually or otherwise, be and they hereby are granted the power and
authorization to appoint by a Power of Attorney for the purpose only of executing and attesting bonds and other related undertakings and other
writings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries, and attorney(s)-in-fact, each appointee to have the
powers and duties usual to such offices to the business of the Corporation; the signatures of such officers and seal of the Company" AMS Surety
Holdings" may be affixed to such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or
certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any
bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or
without cause, by the Corporation, at any time."
IN WITNESS WHEREOF, the AMS SURETY HOLDINGS, NATIONAL SURETY, AND FIRST FLORIDA CAPTIVE HOLDINGS
CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affIXed and attested by its
Corporate Secretary, this 20th day of July, 2005.
. ,~~~~;"~~~~~4~~~~.
,\\).... lV..,....l;
.<,)' ., ~. 't', (.
~\... ,J"~ ~ \", ,.."',.!., ~ t'l(
~) ",.' (o"".'~ ~ \)
{ ,\\1 (to/I) 'I, \';
...fi ~~ ~~~. r /:
{,,'. .... (il'J ~:''''''' .' .
tIt. .. 13 ~ _',~/}_~.>~..
~ :~\ _r<../.:.~-~I .
~b ';; , ,~~ I~(,) "~l .
'lIt,. ,f ~'.\.
..! ,'t,t,':.il':'7r1 r'l'1~r_~, f~~~
Attest:
AMS SURETY HOLDINGS
NATIONAL SURETY CO
.
~? ',pf)
Dennis K. Banfie~
Corporate Secretary
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GOLD COLORED PARCHMENT PAPER WITH A RED COLOR BORDER.
IF YOU HAVE ANY QUESTIONS REGARDING THE AUTHENTICITY OF THIS DOCUMENT CALL 302-351-8167
Soflware Maintenance Agreement
Page I of II
SOFTWARE MAINTENANCE AGREEMENT
THIS AGREEMENT made as of the ~8+- day of July 2005, by and between Hansen
Information Technologies, Inc., a California corporation, with its place of business at 11092 Sun
Center Drive, Rancho Cordova, CA 95670 ("Hansen") and Augusta, Georgia, a political
subdivision of the State of Georgia, with its place of business at 530 Greene Street, Augusta,
Georgia, U.S.A., 30911 ("'Licensee").
WHEREAS, Hansen is the owner of the rights to certain software as identified as a
License and Inspection Software (known collectively as the "Software"), including copyright,
trademark, trade secret and other intellectual property rights;
WHEREAS, Licensee and Hansen have entered into a software license agreement dated
the ~ 8T''' day of July 2005, enabling Licensee to use the Software on the terms specified
therein (the "License Agreement"); and
WHEREAS, Licensee is desirous of participating In Hansen's annual maintenance
program for software;
NOW THEREFORE, in consideration of the covenants, conditions and agreements
herein contained, the parties agree as follows:
I. SERVICES. In consideration of payments to be made by Licensee to Hansen as set out
below, Hansen agrees to provide the following software maintenance services and
Professional Services as set forth in the Scope of Work during the term of this Agreement.
The project will consist of these Professional Services including Software, installation and
implementation, interface analysis and creation, data conversion, translation, and training.
A. Hansen will maintain the Software so that it operates in conformity in all material
respects in with the descriptions and specification for the Software set forth in the
documentation referred to, and as defined in, the License Agreement.
B. In the event that Licensee detects any errors or defects in the Software, Hansen will
provide reasonable telephone support, in the form of assistance and advice on the use and
maintenance of the Software, during the hours of 7:00 AM - 8:00 PM EST, Monday
through Friday, via a toll-free 800 number (800-8-HANSEN). There shall be no charge
to Licensee for Hansen services in the correction of errors or defects in the Software.
Hansen shall correct any nonconformance it has been properly notified of within a
reasonable time not to exceed 10 business days.
C. "Upgrades" and "Updates" are those enhancements to the Software that Hansen generally
makes available as part of the annual maintenance program. A "New Product" is any
update, new feature or major enhancement to Software that Hansen markets and licenses
for additional fees separately from Upgrades.
D. Hansen shall provide Licensee with Updates of the Software applicable to Licensee's
specific version of Hansen application software within the same operating environment at
no additional charge.
SOFTWARE MAINTENANCE AGREEMENT
E. Licensee shall be entitled to acqUIre a license to New Products at Hansen's then
prevailing license fees.
F. Software Upgrades, Updates, and New Products will be sent on CDs, DVDs, or any other
mutually-agreed upon transmission method with explanations, instructions and updated
documentation where appropriate. Hansen will also make other installation
developments, such as reports, interfaces, etc., available to Licensee if they are
appropriate for possible use by Licensee.
2. Maintenance service shall not include, and Licensee shall pay extra for, any and all
customization and training related to the application of the customizations.
a) Hansen will not support application software that is running on outdated operating
systems. Distribution of updates and enhancements, telephone support and
functional corrections will only be made available for current operating systems.
Licensee is responsible for maintaining compliance with the "industry standard"
version of the relevant operating system. Licensee should determine that an
upgraded version of a component part of the Hansen product (Oracle for example)
has been certified prior to installation.
b) Hansen is not responsible for loss of data due to lack of sufficient backup files.
Licensee is responsible for following standard backup procedures to insure data
integrity.
c) Custom programming or the development of specialized routines not associated
with Section 5 of this document are not covered under this Agreement.
d) Data conversions and problems associated with data conversions are not covered
under this Agreement. Hansen will assist Licensee through the Help Desk for
workstation installation only if other workstations are already installed and
working. The Help Desk will not install or upgrade server software or database
client software on a "first" machine.
e) Any service not covered in paragraph I above.
3. HANSEN SYSTEM DEFECT CLASSIFICATIONS. It is recognized that despite the
precautions associated with software, defects may be encountered. These defects are
defined in criticality categories:
a) Category I - System failure. Software does not work, data cannot be input,
reviewed, or revised. The system is inoperable. This failure is due to Hansen's
software failure, not related to database or system difficulties.
b) Category II - Key Hansen component failure. One or more Hansen modules or
functions do not work. In this case core functionality remains, however the system
is not fully operable. It might not print, for example.
c) Category III - Minor Hansen failure or defect. A calculation does not properly
function, printing might not be available for one feature, indexing might not have
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SOFTWARE MAINTENANCE AGREEMENT
full functionality. These generally center on a configuration issue or error. The
system works and work-arounds may be used.
d) Category IV - Defect. A feature or change in Hansen functionality desired by
licensee is not available or needs redesign or a misspelling or incorrect link is
encountered. Full functionality remains available.
4 RESPONSE GOALS AND ESCALATION. Response goals are based upon the
Category and Criticality of the problem.
a) Response goals for Category I will be within two hours of initial reporting (during
Hansen Customer service hours). Hansen will provide standard technical
telephone support to resolve the problem.
b) Response goals for Category II will be within four hours of initial reporting
(during Hansen Customer service hours). Hansen will provide standard technical
telephone support to resolve the problem.
c) Response goals for Category III issues will be within four working hours of initial
reporting. Normally, defects of this nature are resolved through installation of
new software or "bug fixes," or changes in the customized system configuration.
d) Responses for Category IV issues will be addressed as enhancement requests and
minor corrections. These will be distributed in standard software releases and
upgrades.
Service Escalation
In cases where a solution cannot be provided to restore major functionality within six
working hours after receipt of the initial call (Categories I and II), Hansen will assign its
technical and programming team to resolve the difficulty. If the difficulty cannot be
resolved in a timely fashion after the initial call, Hansen technical personnel may be
dispatched to the site at Hansen's discretion. Licensee will provide on-site technical staff
support, access and expertise to assist Hansen, regardless of the time of day or standard
work schedule. In all occurrences of Category I and II issues, Hansen will endeavor to
restore system functionality as soon as possible.
Hansen will use electronic delivery of files and software patches where possible, or
overnight delivery if required. In cases of system failures (Categories I and II) next flight
out delivery of media will be made. Licensee will be responsible to take delivery at the
closest practical airport.
Category III issues will be resolved as rapidly as practical provided they degrade system
performance or significantly decrease functionality. Electronic delivery of new software
or additional files may be appropriate. In cases where files are too large for satisfactory
electronic delivery, overnight mail will be used.
Category IV issues will be reviewed and resolutions will be distributed through standard
upgrade and update distributions. Enhancement suggestions should be made in writing
and sent to the Hansen Help Desk.
SOFTWARE MAINTENANCE AGREEMENT
All reports of system problems should be referred to the Hansen Help Desk, 1-800-
8HANSEN. These calls will be logged into the system and dispatched to the appropriate
work groups. In the event the Hansen Help Desk cannot be reached through the toll free
number, the Hansen general number should be used, or e-mail tohelpdeskcmHansen.com.
If satisfaction is not received, the complaint should be directed to the Hansen Service
manager, then to the Account Manager.
5. FEES. Licensee shall pay an annual maintenance fee to Hansen as provided in
Attachment 1 herein and in Attachment 2 of the Software License Agreement. The
annual fee shall remain the same as prior years unless Licensee is provided written notice
of a price change sixty (60) days prior to the expiration of the prior term. Annual
increases shall not exceed 3% from the previous year Maintenance Cost. The annual fee
will increase if Licensee purchases additional Software licenses of seat or modules.
Maintenance costs on new software licenses acquired shall be applied at the same rate. If
the price change is unacceptable to Licensee, the Agreement will not renew if Licensee
so informs Hansen in writing prior to the end of the current contract.
Professional Service fees are provided in Attachment 2 of the Software License
Agreement. Professional Services will be invoiced monthly for services as incurred. If
there is a change of scope initiated by the Licensee and additional days for Professional
Services are needed, a change order signed by both parties will be required. Any
Professional Services provided in excess of the days stated in Attachment 2 of the
Software License Agreement due to a change of scope initiated by the Licensee and
following the issuance of a change order signed by both parties will be charged at the unit
price stated in Attachment 2 of the Software License Agreement.
6. DOCUMENT A TION/MA TERIALS. Licensee agrees that all materials,
documentation, Upgrades, New Products, and other materials provided to the Licensee
pursuant to this Agreement shall be subject to the same conditions and rights of use as
apply to the Software under the License Agreement.
7. REMOTE ACCESS. Licensee shall, at Hansen's request, provide Hansen with the right
of remote access to servers on which the Software is installed, upon adequate notification
of the Licensee, so as to enable Hansen to monitor the operation of the Software.
8. INVOICING. Hansen will invoice Licensee for services (including installation,
customization, training and additional services) and related expenses on a monthly basis
for such services performed and related expenses incurred during each month.
Payment shall be made within thirty (30) days of invoice. Any late payment shall be
subject to any costs of collection (including reasonable legal fees) and shall bear interest
at the rate of one and one-half (1.5) percent, or the maximum rate allowed by law,
whichever rate is less, per month or fraction thereof until paid. The cancellation of any
professional service with two weeks notice or less prior to the date scheduled for the
services is subject to a $250 fee, plus all non-refundable travel expenses.
9. CONFIDENTIALITY. The parties hereto acknowledge that information obtained about
the other party pursuant to this Agreement includes confidential and proprietary
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SOFTWARE MAINTENANCE AGREEMENT
information (hereinafter the "Confidential Information"). Confidential Information is
defined as Work Project and Software such as business information (sales and marketing
research, materials, plans, accounting and financial information, personnel records and
the like) and other information designated as confidential expressly or by the
circumstances in which it is provided. Each party agrees not to disclose Confidential
Information to third parties, without the prior written consent of the other party or
pursuant to Court order. The parties agree that the Confidential Information does not
include any information which, at the time of disclosure, is generally known by the
public. Hansen acknowledges that this Agreement and certain documentation may be
subject to the Georgia Open Records Act (O.C.G.A. S 50-18-70, et seq.) Licensee shall
cooperate fully in responding to such request and shall make all records, not exempt,
available for inspection and copying as required by law. Hansen shall clearly mark any
information provided to Licensee which Hansen contends is Proprietary Information.
("Proprietary Information" means any information related to the above-stated purpose
which is identified as proprietary information, including, but not limited to, technical
information in the form of designs, concepts, requirements, specifications, software,
interfaces, components, processes, and also business and financial information, or the
like.) Hansen shall notify Licensee immediately of any Open Records request arising out
ofthis contract and shall provide to Licensee a copy of any response to the same.
Covenant Not to Disclose. Except as required by law, with respect to the other party's
Confidential Information, the recipient hereby agrees that during the Term and at all
times thereafter it shall not use, commercialize or disclose such Confidential Information
to any third party, with the exception of subcontractors or vendors under contract to the
party and which have undertaken non-disclosure obligations comparable to those
contained in this Agreement, without the prior written consent of the provider. Each
party shall use at least the same degree of care in safeguarding the other party's
Confidential Information as it uses in safeguarding its own confidential information.
10. TERM. The initial term of this Agreement shall be for a period of one (1) year following
the expiration of the warranty period set out in the License Agreement, and it shall be
automatically renewed as long as Licensee remains licensed by Hansen to use the
Software, unless earlier canceled in writing by either party at any time upon ninety (90)
days written notice. If a software maintenance agreement is not initiated immediately
after the warranty period, canceled or not renewed annually, there will be costs associated
with software reconciliation with the issuance and a new software maintenance
agreement with payment invoiced annually. Termination shall have no effect on
Licensee's obligation to pay the applicable labor rate (or an equitable portion of any fixed
fee) with respect to Services rendered prior to the effective date of termination.
11. TERMINATION OF AGREEMENT. Either party may terminate this Agreement if the
other party breaches any material provision hereof and fails within thirty (30) days after
receipt of notice of breach to correct such default or to commence corrective action
reasonably acceptable to the other party and proceed with due diligence to completion.
Either party may terminate this Agreement if the other party becomes insolvent, makes an
assignment for the benefit of its creditors, a receiver is appointed or a petition in
Bankruptcy is filed with respect to the party and is not dismissed within thirty (30) days.
Software Maintenance Agreement
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SOFTWARE MAINTENANCE AGREEMENT
A. Termination for Convenience. The Licensee may terminate this Agreement, or any
part hereof, for its sole convenience by giving written notice of termination to
Hansen. Upon Hansen's receipt of such notice, Hansen shall, unless otherwise
specified in the notice, immediately stop all work hereunder and, to the extent
permitted under each applicable subcontract or agreement, give prompt written notice
to suppliers and subcontractors to cease all related work. Hansen shall be paid the
price specified herein for all non-defective work performed hereunder as of the date
of the Licensee's termination notice, such payment to be made within sixty (60)
business days after Hansen delivers such work to the Licensee, in its then current
form, free and clear of all liens. Except for costs necessary to implement the
Licensee's termination directive, Hansen shall not be paid for any work done after
receipt of such notice, for any costs incurred by Hansen's suppliers or subcontractors
after receipt of the Licensee's termination notice, or for work which Hansen could
reasonably have avoided.
B. Either party has the right to terminate this Agreement if the other party breaches or is
in default of any obligation hereunder, and if such default has not been cured within
fifteen (15) days after receipt of notice of such default.
C. Either party may terminate this Agreement by written notice if the other party
becomes insolvent or bankrupt.
D. The obligations of each party pertaining to Confidential Information and taxes shall
survive the termination of this Agreement.
12. FORCE MAJEURE. Neither party to this Agreement shall be liable to the other party
hereto for loss or damage arising out of any delay or failure by such party in performing
its obligations hereunder, if such delay or failure was the unavoidable consequence of a
natural disaster, exercise of governmental power, strike or other labor disturbance, war,
revolution, embargo, insurrection, operation of military forces, or other event or
condition beyond the control of such party; provided that such party notifies the other
party of its inability to perform and the reasons therefore, with reasonable promptness;
and performs its obligations hereunder as soon as circumstances permit. Each of the
parties hereto agrees to give notice forthwith to the other upon becoming aware of an
Event of Force Majeure such notice to contain details of the circumstances giving rise to
the Event of Force Majeure. If a default due to an Event of Force Majeure shall continue
for more than three (3) months then the party not in default shall be entitled to terminate
this Agreement as a result of an Event of Force Majeure.
13. ASSIGNMENT. This Agreement, or any of the rights or obligations of Hansen created
herein, may not be assigned by Hansen without Licensee's consent, which consent shall
not unreasonably be withheld, but this Agreement is for the sole benefit of Licensee and
may not be assigned by Licensee without the express written consent of Hansen.
14. ENTIRE AGREEMENT. Licensee acknowledges having read and understood this
Agreement and agrees to be bound by its terms and conditions. Licensee also agrees that
this Agreement and Attachment 1, together with the relevant terms and conditions of the
contract(s) between Hansen and Licensee as identified in the Professional Services
Agreement, represents the complete and exclusive agreement between the parties with
respect to the subject matter hereof and supersedes all prior agreements, negotiations,
discussions or understandings between them in any way relating thereto. No other terms,
conditions, representations, warranties or guarantees, whether written or oral, express or
implied, shall form a part hereof or have any legal effect whatsoever. In the event of any
SOFfW ARE MAINTENANCE AGREEMENT
conflict or inconsistency between the provisions of this Agreement and the provisions of
the contract(s) identified in the License Agreement, the latter provisions shall be of no
force and effect and the provisions of this Agreement shall govern. This Agreement shall
not be modified except by later written agreement signed by both parties.
15. PROPRIETARY RIGHTS TO WORK PRODUCT. "Work Product" shall mean any
resulting software (including all functional and technical designs, programs, modules,
code, interfaces, algorithms, flowcharts, diagrams, documentation and the like) or any
modifications or changes to the Software created by Hansen after the effective date of
this Agreement and in furtherance of the Statement of Work. Hansen shall own all right,
title and interest to the Work Product. The parties acknowledge that the Work Product is
not a "work made for hire" under the Federal Copyright Law. The parties agree that the
Work Product shall be deemed to be and become a part of the Software for all purposes
under the License Agreement.
16. DISPUTES. In the event of any controversy, claim or dispute between the parties arising
from or related to this Agreement, the party initiating the controversy, claim or dispute
shall provide to the other party a written notice containing a brief and concise statement
of the matter, together with relevant supporting facts. In the event the Licensee's Project
Manager and Hansen's Project Manager are unable to reach a mutually satisfactory
resolution within five (5) days of receipt of notice, the problem shall be escalated to the
Licensee's IT Director and Hansen's President/CEO who shall have ten (10) days within
which to resolve the problem. If these efforts are not successful, either party may
commence litigation or other proceeding regarding the controversy, claim or dispute.
17. APPLICABLE LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia, U.S.A. All claims, disputes and other
matters in question between Licensee and Hansen arising out of, or relating to, this
Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond
County, Georgia. Hansen, by executing this Agreement, specifically consents to venue
and jurisdiction in Richmond County, Georgia and waives any right to contest
jurisdiction and venue in said Court.
18. WARRANTIES.
18.1 Limited Warranty. Hansen agrees to perform all Services described in
Attachment 3 "Implementation Schedule" of the Software License Agreement
known as the Statement of Work in a professional, workmanlike manner. Hansen
also agrees and warrants that: (a) it shall comply with all applicable laws and
regulations; (b) in rendering the Services, it and its employees have all necessary
rights, authorizations, or licenses to provide the Services hereunder and to provide
all related materials and services required under this Agreement; (c) each of its
employees assigned to perform services hereunder shall have the proper skill,
training and background so as to be able to perform in a competent and
professional manner and that all work will be performed in accordance with the
applicable Statement of Work; and (d) Hansen shall obtain for the Licensee the
unrestricted right to use each deliverable provided to the Licensee by Hansen
hereunder in accordance with the terms and conditions found in the Software
License Agreement.
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SOFTWARE MAINTENANCE AGREEMENT
18.2 No other Warranties. EXCEPT FOR THE EXPRESS LIMITED
WARRANTY SET FORTH IN SECTION 18.1, HANSEN MAKES NO
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE WORK
PRODUCT (WHICH IS WARRANTED UNDER THE LICENSE
AGREEMENT), ITS SERVICES OR ANY OTHER DELIVERABLES
PROVIDED HEREUNDER.
19. LIMITATION OF LIABILITY. The aggregate liability of Hansen arising from or
relating to this agreement (regardless of the form of action or claim - e.g. contract,
warranty, tort, malpractice, and/or otherwise), is limited to the total fees paid by the
Licensee to Hansen for professional services and software. Hansen shall not in any case
be liable for any special, incidental, consequential, indirect or punitive damages even if
they have been advised of the possibility of such damages. Hansen is not responsible for
lost profits or revenue, loss of use of the software, loss of data, costs of re-creating lost
data, or the cost of any substitute equipment or program. This provision does not apply
to indemnification claims subject to section 20.0 herein.
20. INDEMNIFICATION. Hansen agrees to indemnify, defend and hold harmless the
Licensee and its directors, officers, employees, agents, subsidiaries and affiliates, against
any and all losses, liabilities, judgments, awards and costs (including reasonable
attorneys' fees) arising out of or related to any claim: (i) for bodily injury or damage to
property arising out of the furnishing, performance or use of the Services or any
deliverable provided hereunder; (ii) for payment of compensation, salary or benefits
asserted by an employee of Hansen; and (iii) any claim arising out of Hansen's failure to
comply with any applicable law or regulation. The indemnities set forth in this Section
shall not be subject to any limitation ofliabiIity set forth herein.
21. INDEPENDENT CONTRACTOR STATUS. Each party and its employees are
independent contractors in relation to the other party with respect to all matters arising
under this Agreement. Nothing herein shall be deemed to establish a partnership, joint
venture, association or employment relationship between the parties. Each party shall
remain responsible, and shall indemnify and hold harmless the other party from the
withholding and payment of all federal, state and local personal income, wage, earnings,
occupation, social security, unemployment, sickness and disability insurance taxes,
payroll levies or employee benefit requirements (under federal, provincial law or
otherwise) now existing or hereafter enacted for its respective employees.
22. SECURITY, NO CONFLICTS. Each party agrees to inform the other of any
information made available to the other that is classified or restricted data, agrees to
comply with the security requirements imposed by any provincial or local government, or
by the Canadian or United States Government, and shall return all such material upon
request. Each party warrants that its participation in this Agreement does not create any
conflict of interest prohibited by the United States or Canadian government or any other
Software Maintenance Agreement
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SOFfW ARE MAINTENANCE AGREEMENT
domestic or foreign government and shall promptly notify the other party if any such
conflict arises during the Term.
23. INSURANCE. Hansen shall maintain adequate insurance protection covering its
activities hereunder, including, but not limited to coverage for statutory workers'
compensation, comprehensive general liability for bodily injury and property damage, as
well as adequate coverage for vehicles. Hansen shall provide the Licensee with
certificates of insurance on for each of these coverage types. Except for worker's
compensation insurance, Hansen shall name the Licensee as an additional insured on its
insurance policies, and such policies shall require 60 days prior written notice to the
Licensee for any coverage change. As of the date hereof, Hansen has at least the
following levels of coverage: workers' compensation ($1,000,000), comprehensive
general liability for bodily injury and property damage ($1,000,000).
24. NOTICES. All notices hereunder shall be in writing and shall be duly given if delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, to the respective addresses of the parties appearing on page one of this
Agreement. Any notice given shall be deemed to have been received on the date, which
it is delivered if delivered personally, or, if mailed, on the fifth business day next
following the mailing thereof. Either party may change its address for notices by giving
notice of such change as required in this Section 24.
Hansen Information Technologies, Inc.
Attn: Charles A. Hansen, Pres/CEO
11092 Sun Center Drive
Rancho Cordova, CA 95670-6109
T: 916.921.0883 F: 916.921.6620
City of Augusta Georgia
Tameka Allen, IT Director
530 Greene Street, A-I 0 1
Augusta, GA 30911
T: 706.821.2522 F: 706.821.2530
Copies to:
Fred Russell, City Administrator
530 Greene Street, Room 801
Augusta, GA 30911
T: 706.821.2400
Mike Blanchard, IT Application Mgr
530 Greene Street, A-I 0 1
Augusta, GA 30911
T: 706.821.2862 F: 706.821.2530
Software Maintenance Agreement
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Soflware Maintenance Agreement
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SOFTWARE MAINTENANCE AGREEMENT
25. MISCELLANEOUS PROVISIONS
25.1 Severability. In the event anyone or more of the provisions of this Agreement is
for any reason held to be invalid, illegal or unenforceable, the remaining
provisions of this Agreement shall be unimpaired, and the invalid, illegal or
unenforceable provision shall be replaced by a mutually acceptable provision
which comes closest to the intention of the parties underlying the illegal, invalid
or unenforceable provision.
25.2 Parties Bound. This Agreement shall be binding upon the parties hereto, their
successors, heirs, devisees, assigns, legal representatives, executors and
administrators.
25.3 General Obligations. As required, the Licensee agrees to provide Hansen with
appropriate access to their facilities, personnel, data systems, and other resources.
The Licensee acknowledges that the implementation is a cooperative effort and
that the Licensee must complete its designated tasks in timely manner in order for
Hansen to proceed with and complete the Services.
25.4 Final Agreement. This Agreement constitutes the complete, final and exclusive
expression of the parties' agreement regarding Professional Services, and it
supersedes all proposals and other communications made between the parties
concerning the subject matter hereof. This Agreement cannot be modified except
by written agreement that explicitly refers to this Agreement signed by all the
parties hereto.
25.5 Authority To Enter Into Agreement. The undersigned hereby represent and
warrant that they are duly authorized to sign and enter into this Professional
Services Agreement on behalf of their respective parties.
IN WITNESS WHEREOF, this Agreement has been read, understood, and signed by duly
authorized officials of Hansen and Licensee.
By:
HANSE~
By .
AUGUSTA:
Name:
Charles A. Hansen
;~me:
Title:
Willie H. Mays, III
Title:
President/CEO
Date:
Attest:
Interim Mayor
7'JOAt1/-< U 7??~;
/LJ1A.Cy2#~/
Lena Bonner
By:
Title~lerk of Commission /
Soflware Maintenance Agreement
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SOFTWARE MAINTENANCE AGREEMENT
Attachment 1 - Software Maintenance Agreement
Initial Professional Annual Maintenance
Item Licensed Product License Fee Services & Maintenance Start Date
Fees Fee *
License and One year
1 Inspection Software $170,600.00 $249,400.00 $55,000.00 from "Go-
Live" date.
* Licensee agrees to pay to Hansen in advance starting one year from "Go-Live" date, an
annual fee of $55,000.00 for services and maintenance provided in accordance with this
Agreement. The annual fee is calculated at 20% of the software costs of $275,000 prior to the
$104,400 discount on software per Attachment 2 "Pricinf!". The annual fee shall remain the
same as the prior year unless Licensee is provided written notice of a price change as detailed in
Section 5.
** Additional out of pocket expense is estimated at $21,000.00. Actual amount(s) to be billed as
incurred.
Attachment 5: DSI FlexSafe Escrow Agreement
Account Number
This Agreement is effective , 2005 between DSI Technology Escrow
Services, Inc. ("DSI") and Hansen Information Technologies, Inc. ("Depositor"), who collectively
may be referred to in this Agreement as "the parties" and. who are more fully identified in the
Exhibit A.
A. Depositor and Depositor's client, the City of Augusta, GA, have entered or will enter into
a license agreement, development agreement, and/or other agreement regarding certain
proprietary technology of Depositor (referred to in this Agreement as "the License Agreement").
B. Depositor desires to avoid disclosure of its proprietary technology except under certain
limited circumstances.
C. Depositor desires to establish an escrow with DSI to provide for the retention,
administration and controlled access of the proprietary technology materials of Depositor.
D. In the event bankruptcy proceedings are commenced in the United States of America by a
party to this Agreement, the parties hereto desire this Agreement to be supplementary to the
License Agreement pursuant to 11 United States [Bankruptcy] Code, Section 365(n).
E. In the event bankruptcy proceedings are commenced in Canada by a party to this
Agreement, the parties hereto will comply with the Bankruptcy and Insolvency Act of Canada
("Act") and the remedies provided therein, and unless otherwise ordered by the court,
Licensor/Depositor shall not interfere with the rights of the Licensee/Preferred Beneficiary to
elect to continue this Agreement as supplementary to the License Agreement.
ARTICLE 1 -- DEPOSITS
1.1 Obligation to Make Deposit. Upon the signing of this Agreement by the parties,
Depositor shall deliver to DSI the proprietary technology and other materials ("Deposit
Materials") to be deposited under this Agreement.
1.2 Identification of Tangible Media. Prior to the delivery of the Deposit Materials to DSI,
Depositor shall conspicuously label for identification each document, magnetic tape, disk, or
other tangible media upon which the Deposit Materials are written or stored. Additionally,
Depositor shall complete Exhibit B to this Agreement by listing each such tangible media by the
item label description, the type of media and the quantity. The Exhibit B must be signed by
Depositor and delivered to DSI with the Deposit Materials. Unless and until Depositor makes
the initial deposit with DSI, DSI shall have no obligation with respect to this Agreement, except
the obligation to notify Depositor regarding the status of the deposit account as required in
Section 3.2 below.
@ 1983,2000 DSI
Augusta GA
@ 1983,2000 DSI
Augusta GA
Attachment 5: DSI FlexSafe Escrow Agreement
1.3 Deposit Inspection. When DSI receives the Deposit Materials and the Exhibit B, DSI
will conduct a deposit inspection by visually matching the labeling of the tangible media
containing the Deposit Materials to the item descriptions and quantity listed on the Exhibit B.
1.4 Acceptance of Deposit. At completion of the deposit inspection, if DSI determines that
the labeling of the tangible media matches the item descriptions and quantity on Exhibit B, DSI
will date and sign the Exhibit B and mail a copy thereof to Depositor. If DSI determines that
the labeling does not match the item descriptions or quantity on the Exhibit B, DSI will (a) note
the discrepancies in writing on the Exhibit B; (b) date and sign the Exhibit B with the exceptions
noted; and ( c) mail a copy of the Exhibit B to Depositor. DSI's acceptance of the deposit occurs
upon the signing of the Exhibit B by DSI.
1.5 Depositor's Representations. Depositor represents as follows:
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority
to grant to DSI the rights as provided in this Agreement; and
c. The Deposit Materials are not subject to any lien or other encumbrance.
d. The Deposit Materials are readable and useable in their current form or if any
portion of the Deposit Materials is encrypted, the decryption tools and decryption
keys have also been deposited.
1.6 Deposit Updates. Updates to the Deposit Materials may be added to the existing deposit.
All deposit updates shall be listed on a new Exhibit B and the new Exhibit B shall be signed by
Depositor. Each Exhibit B will be held and maintained separately within the escrow account.
An independent record will be created which will document the activity for each Exhibit B. The
processing of all deposit updates shall be in accordance with Sections 1.2 through 1.5 above. All
references in this Agreement to the Deposit Materials shall include the initial Deposit Materials
and any updates.
1.7 Removal of Deposit Materials. The Deposit Materials may be removed and/or exchanged
only on written instructions signed by Depositor or as otherwise provided in this Agreement.
Attachment 5: DSI FlexSafe Escrow Agreement
DSI TECHNOLOGY ESCROW SERVICES@
An Iron Mountain Company
FlexSAFE Agreement
FlexSAFE is an uncomplicated, two-party agreement between the depositor and DSI that requires no
customer signature or approval. It was developed to meet the depositor's particular needs in an easy and
cost-effective way. In addition, it meets the requirements of a beneficiary mainly concerned about a
depositor's bankruptcy. With FlexSAFE, DSI notifies the beneficiary that an escrow account has been
established and sends semi-annual status reports to all parties.
Purpose
DSJ's FlexSAFE Agreement is generally used when:
Both parties agree that a basic level escrow protection is needed.
The beneficiary does not want to sign the escrow agreement. ,
· The beneficiary is mainly concerned with bankruptcy as a condition to release deposit materials.
The depositor wants to have control of the release of deposit materials.
· The escrow investment needs to be at a minimum.
Features
FlexSAFE customers benefit from these unique features:
· Standard terms and conditions that require no negotiation.
· The beneficiary may file directly with DSI for a release under bankruptcy.
· DSI direct billing to beneficiary.
· Deposit inspection with signed receipt for the depositor.
· Audit trail of deposit created through inspection, date stamping of all deposit materials.
Semiannual account histories listing all deposit activity sent to all parties.
Cost-effective escrow protection.
Atlanta. Boston. Chicago. Dallas. San Diego. San Francisco. Toronto
For More Information Call: (800) 962-0652 or Visit us at www.dsiescrow.com or www.ironmountain.com
@ 1983,2000 DSI
Augusta GA