Backup Documents 11/08/2011 Item #16A 8 16A8
MEMORANDUM
Date: November 17, 2011
To: James French, Manager
CDES Operations
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Software Maintenance Agreement w/N. Harris Computer
Corp.
Attached for your records, is an original of the item referenced above, (Item
#16A8), adopted on Tuesday, November 8, 2011.
The Minutes and Records Department will keep the original for the official
records of the Board.
Thank you.
Attachment
16A
SOFTWARE MAINTENANCE AGREEMENT
This Maintenance Agreement made and entered into this A- day of >20-0-em/46.4A„
2011, by and between N. Harris Computer Corporation, authorized to do business/in the State of
Florida, whose business address is 4464 Markham Street, Suite 1108, Victoria, British Columbia
V8Z 7X8, Canada, hereinafter referred to as "HARRIS" and Collier County, a political
subdivision of the State of Florida,Collier County, Naples,hereinafter called "Customer"
CUSTOMER MAILING ADDRESS
I I
Collier County Purchasing Department
Attention: Contracts
3327 Tamiami Trail East
Naples, FL 34112-4901
I I
ANNUAL MAINTENANCE CHARGE
The Initial CityView PreBuilts Annual Maintenance Charge shall be $69,680. Year 2 Annual
Maintenance charge shall be $138,000, payable on December 1st, 2011 and Year 3 Annual
Maintenance charge shall be $142,000, payable on December 1st, 2012. Subsequent years'
maintenance charges are subject to a three percent (3.0%) cap on any annual increase in the
maintenance charge.
The Initial CityView Portal Annual Maintenance charge shall be prorated at $2666.67 per month
for the period from the date of production utilization of the CityView Portal through November 30,
2011. Year 2 Annual Maintenance charge shall be $33,000 payable on December 1st, 2011 and
Year 3 Annual Maintenance charge shall be $34,000,payable on December 1St, 2012. Subsequent
years' maintenance charges are subject to a three percent(3.0%) cap on any annual increase in the
maintenance charge.
Total Annual Maintenance charges for CityView PreBuilts and CityView Portal are:
2011 $69,680+CityView Portal Maintenance(invoiced separately in first year)
2012 $171,000
2013 $176,000
2014 $181,280
2015 $186,718
TERMS AND CONDITIONS
1. TERM. The term of this contract shall commence on December 1, 2010, for a three (3)
year period with two (2)subsequent one(1)year renewals.
2. CHARGES. HARRIS shall invoice the Customer forty-five (45) days prior to the
anniversary date of each annual term, and the Customer shall pay the Annual Maintenance Charge
to HARRIS in accordance with Chapter 218, Florida Statutes, also known as the "Local
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Government Prompt Payment Act." HARRIS has the right to increase maintenance charges after
the initial three (3) year period at each annual anniversary date, during the renewal period of this
contract, by an amount not exceeding three percent (3.0%) of the cost currently in effect. Written
notice of such increase shall be given to the customer not less than ninety (90) days before the date
of the renewal term. In addition, the Customer shall pay all federal, state, or local taxes on the
services rendered or parts supplied. Customer is sales tax exempt pursuant to Chapter 212, Florida
Statutes.
3. SERVICE HOURS. This Maintenance Agreement provides for unlimited telephone
software support. Service may be obtained during HARRIS Technical Support office hours which
are 9:00 AM to 8:30 PM daily (Eastern Time, including Daylight Savings Time), Monday through
Friday, excluding US public holidays. Extended telephone support hours for Priority 1 issues will
be provided from 8:00AM to 9:00AM daily (Eastern Time, including Daylight Savings Time),
Monday through Friday, excluding US public holidays. If the Customer requests on site support,
the Customer will be billed at HARRIS established service rates plus expenses. HARRIS's
established service rates are attached hereto as Exhibit "A", and incorporated herein by reference.
Travel expenses shall be paid in accordance with Section 112.061, Florida Statutes. HARRIS shall
provide maintenance service as expeditiously as possible after notice from the Customer that the
Product is inoperable. Service at times other than during HARRIS Technical Support office hours
or extended telephone support hours for Priority 1 issues as noted herein, shall be furnished upon
the Customer's request and at HARRIS's labor charges attached as Exhibit "A." This section is
subject to the Harris Standard Support-Service Level Agreement and Table 1, attached hereto as
Exhibit`B"and incorporated herein by reference.
4. SERVICE NOTIFICATION. The Customer shall notify HARRIS of suspected
Product malfunction, by calling HARRIS Technical Support and identifying the problem and
symptoms.Notification may be made to HARRIS via email.
5. RISK OF LOSS. This Agreement does not cover service, maintenance or repair
necessitated by loss or damage resulting from any cause beyond the control of HARRIS, including,
but not limited to loss or damage due to fire, water, lightning, earthquake, riot, unauthorized
service or modifications, theft, or any other cause originating outside the Product. With respect to
any loss or damage, HARRIS shall submit to the Customer a description of the work to be done
and request the Customer's consent to restore the Product to normal operating condition at
HARRIS's rates. If the Customer does not agree to restore Product to normal operating condition,
HARRIS shall have the right to terminate its obligations under this Agreement.
6. PERFORMANCE. HARRIS shall exercise its best efforts in performing services
covered under this Agreement, but shall not be liable for damages, direct or otherwise, for failure
to perform services at a location deemed hazardous to health or safety or arising out of delays or
failure in furnishing parts or services caused by Acts of Nature, Acts of Government, labor
disputes or difficulties, failure of transportation, or other causes beyond its control, or for any
consequential damage whatsoever.
7. DEFAULT. In the event of payment default by the Customer, HARRIS shall be
entitled to collect interest pursuant to Chapter 218, Florida Statutes, also known as the Local
Government Prompt Payment Act, and collection costs, including court costs and reasonable
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attorney's fees. In the event of default by the Customer in any term or condition herein, HARRIS
may, at its option, refuse service or terminate its obligations under this Agreement if Customer does
not cure the default within thirty (30) days after notice by HARRIS. In the event of default by
HARRIS in its performance of this Agreement, Customer shall provide HARRIS with notice and an
opportunity to cure the default within thirty (30) days and suspend future payments until the default
is cured.
8. NOTIFICATION.Any notice required herein shall be in writing and shall be deemed
given if mailed or delivered to the other party at the address on page one (1) of this agreement, or
as modified in writing as accepted by both parties. HARRIS is required to send notification of
maintenance and or support cancellations via certified mail or recognized overnight carrier.
9. RIGHT TO CANCEL. Customer reserves the right to cancel support for partial
licenses with a reduction in maintenance and support payments as identified in the attached
Licensing Appendix, Exhibit"C"attached hereto and incorporated by reference.
10. REINSTATEMENT. If there is an interruption of payment for maintenance and
support, HARRIS agrees to accept one hundred percent (100%) of the back payment of the
software maintenance and support fees that would have been paid if maintenance and support had
been continued without interruption. The reinstatement will be based on fees that would have been
paid, rather than HARRIS's "current"rate.
11. WAIVER. This instrument contains the entire Agreement of the parties. It cannot
be changed, altered or modified orally. All changes or modifications must be in writing by the
parties hereto.
12. TAX. The Customer is responsible for any and all tax. Customer is sales tax
exempt pursuant to Chapter 212, Florida Statutes.
13. TYPES OF SUPPORT. Technical support includes telephone and email when the
Customer has problems or questions.
14. SOFTWARE SUPPORT. In consideration of payment of the annual support and
maintenance fee,the support shall include, but not be limited to,the following:
a) unlimited telephone support services concerning the use of the Application
Software;
b) response to all errors found in the Application Software within the timeframes
defined in Table 1 of the Service Level Agreement in Exhibit`B"
c) response to any Application Software non-conformances to the System
Specification within the timeframes defined in Table 1 of the Service Level
Agreement in Exhibit`B"
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d) copy of each subsequent update,revision,release or new version of the
Application Software and related material including related user and technical
documentation for each subsequent update,revision, release or new version;
e) copy of the new or updated documentation for the Application Software which
accurately reflects the changes in the update, revision,release or new version of
the Application Software;
f) installation, by HARRIS, of each update, revision, release or new version of the
Application Software on Customer's Network. HARRIS shall first perform the
installation in Customer's test environment. After Customer has tested the update,
revision,release or new version of the Application Software in the test
environment, HARRIS will perform the installation in Customer's live
environment.
g) At least a semi-annual review of Customer's Application Software and data base
and at any other mutually agreed upon time. Semi-annual review shall include the
following tasks:
1) Search for transaction fragments such as unpaid fees, unprinted letters, and
incomplete activities that could be slowing down the Search screens, Queues, and
Lists. Analyze these items to discern any patterns and recommend process
refinements.
2) Analyze the letter recipients and letter templates tables and correct any
oversize issues that could be slowing down access to Correspondence.
Recommend process refinements as needed.
3) Review database backup logs and procedures. Recommend refinements as
needed.
4) Run performance checks on the application server to check for memory, CPU,
and disk capacity issues. Recommend configuration refinements as needed.
5) Review primary processes with Customer's representative from each
department to help identify bottlenecks in processes. Recommend refinements as
needed.
6) Review application configuration to identify administrative errors such as
zero-dollar fees, questionable types, etc. Recommend refinements as needed.
7) Provide written documentation of findings and recommendations.
On-site service shall be available to Customer at HARRIS 's cost and at no additional charge to
Customer where on-site service is necessary to correct incidents, problems, deficiencies, defects
or errors in the Application Software which cannot otherwise be corrected by way of remote
support.
15. MODIFICATIONS. Modifications in Updates, Revisions, Releases and New
Versions. All future updates, revisions, releases or new versions of the Application Software as
provided by HARRIS shall not affect the ability of the Customer to use the Application Software.
If the installation of a future update, revision, release or new version of the Application Software
causes a Modification to not perform as originally written or as defined in the Modification
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Specification, HARRIS shall, within seven (7) business days of notification from Customer and
at no charge to Customer, correct the Modification so it functions as originally written or defined
in the contract.
16. SOFTWARE MAINTENANCE LOG. HARRIS shall maintain a log of all
support calls from Customer to HARRIS regarding problems with the Application Software or
questions regarding the operation of the Application Software. The written log of all support
calls shall include, but not be limited to, a short description of the support call, date, time,
Customer person initiating the support call, HARRIS person receiving the call, description of
support work performed by HARRIS and the disposition of the call. On Customer's request,
HARRIS shall provide Customer with a copy of the written log of all support calls.
17. GOVERNMENT MANDATED SOFTWARE CHANGES. HARRIS
agrees to provide changes to the Application Software to enable the Application Software to
comply with any and all processing or reporting required or mandated by the Federal
government,the Governmental Accounting Standards Board or any pronouncement issued by the
American Institute of Certified Public Accountants. Such required processing or report changes
shall be made to the Application Software by HARRIS within the required time frame as defined
by the governing body or authority concerned, provided that HARRIS is made aware of the
required or mandated changes and is allowed sufficient time in which to make the required
changes. HARRIS agrees to provide changes to the Application Software to enable the
Application Software to comply with any and all processing or reporting required or mandated
by the State of Florida provided that Customer gives HARRIS the specifications from the State
of Florida regarding the processing or reporting requirement. Such changes to the Application
Software shall be performed by HARRIS within the required time frames defined by the State of
Florida, provided that HARRIS is made aware of the required or mandated changes and is
allowed sufficient time in which to make the required changes.. The changes to the Application
Software identified in this section shall be performed by HARRIS at no charge to Customer
provided that Customer has paid the annual software maintenance fee at that time.
18. CONVERSION COSTS. If a conversion of Customer's data is necessary due
to an update, revision, release or new version of the Application Software, HARRIS will cover
these costs.
19. FUNCTIONALITY REPLACEMENT CLAUSE. If HARRIS no longer
supports the functionality that the Customer originally licensed — but the functionality is
supported in another product, even if it's been renamed or re-bundled, or has substantially greater
functionality—then the Customer will receive this replacement product at no additional cost, as
long as the Customer is paying Maintenance and Support costs except in the instances where
• HARRIS has publicly announced that the software has reached its end of life and will no
longer be maintained as of a certain date.
• The software no longer runs on currently supported versions of database or operating
systems.
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IN WITNESS WHEREOF, HARRIS and the Customer, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
I Ayjzht E. Brock,Clerk of Cour
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' I Fred W. Coyle, Chairman
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16A8
EXHIBIT "A"
HARRIS Service rates
Professional Services rate: $150/hr(December 1St 2010—November 30, 2011)
$155/hr(December 1st 2011 —November 30, 2012)
$160/hr(December 1st 2012—November 30, 2013)
$165/hr(December 1St 2013 —November 30, 2014)
$170/hr(December 1St 2014—November 30, 2015)
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EXHIBIT "B"
CityView Standard Support—Service Level Agreement
Contract Term: 3 Year(renewable for an additional two (2) one (1) year periods)
Products Supported: CityView PreBuilts, CityView Portal
Support Channels: Web, Telephone or Email
Support Requests Allowed: Unlimited
Who Can Report: Up to three users named in your support agreement can submit support
requests. These individuals must be trained in the use of CityView and constitute the first line of
support for your organization.
Hours of Coverage: Coverage hours are 9:00 a.m. to 8:30 p.m. Eastern Time from Monday
through Friday, excluding HARRIS Technical Support observed holidays. (Only those statutory
holidays that coincide between Canada and the United states are observed by HARRIS Technical
Support.) Extended telephone support hours for Priority 1 issues will be provided from 8:00AM to
9:00AM daily(Eastern Time,including Daylight Savings Time),Monday through Friday,
excluding US public holidays.
Accessing Support: The preferred method of opening a support incident is to enter the problem
details through our online support system. Telephone support requests should be preceded by
filing an electronic support request on our Web site, including a detailed problem description.
Telephone support requests will be answered live during business days, though staff may be
involved in serving other customers. If your call is not answered live, we ask that you leave a
message, including the support request tracking number you received from the electronic filing,
your name and phone or pager number. Messages are typically responded to within two hours.
Auto Acknowledgement: We will send a computer-generated message that acknowledges
receipt of the report that you filed electronically. This message will contain the details of your
problem report as well as the support request tracking number. Whenever the status of your
incident changes, a notification will automatically be sent to the individual that opened the call.
Request Response Time: A technical support engineer will respond to all requests within the
time frames specified in Table 1. Business hours are 9:00 a.m. to 8:30 p.m. Eastern Time from
Monday through Friday, excluding HARRIS Technical Support observed holidays. Only those
statutory holidays that coincide between Canada and the United States are observed by HARRIS
Technical Support. We process requests in the order of their priority followed by order of
submission.
What we will do if we don't hear back from you: If we don't hear back from you in ten
business days, we will close your support request and mark it as "Closed/No response from
customer."
Resolution of Bug-Related Requests: We will keep your request open and follow up when a fix
is available in a production release. We will also contact you if we post an experimental build
that will help with your problem.
What We Need to Help You
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HARRIS wants to be as responsive as possible to your support needs. To accomplish this goal,
the HARRIS customer support staff relies on your knowledge, self-sufficiency, and thoroughness
during the troubleshooting process. You reap the benefits from this effort—it allows HARRIS
to focus on the more difficult problems and make the product more robust. It also helps control
the amount HARRIS charges for support.
• Knowledge: You should be experienced in the installation, operation, and maintenance
of the hardware, desktop, and network operating systems, and applications in your
environment before you install CityView.
• Self-sufficiency: We ask you to be as self-sufficient as possible when you encounter
problems. You can do this by referring to technical documentation for your environment
and by searching the HARRIS Web site to determine if your issue is addressed before
you submit it to our customer support staff.
• Complete information: As with any troubleshooting process, accurate and timely
resolution depends on information. When you request support, please fill in all relevant
fields in the request form,provide a detailed problem description, and attach any
appropriate log files. Unfortunately, when the request information is incomplete, it will
take longer to resolve your issue.
• Preparation: If you call us for support, be prepared to provide the same level of
information as is requested on the request submission form. You can help reduce the time
to resolution by completing the online support request form and attaching files as
directed. Then, simply provide us with the request number when you call. We ask that
you have immediate access to the computer(s) on which HARRIS products are running.
How to Access Support
HARRIS offers several methods of accessing support described below. Please note that for
Priority 1 (see Table 1) issues, customers are encouraged to submit their incident online and then
follow up via Harris Software's toll-free phone number:
• Web Support(preferred method)
Our web portal, (http://support.harriscomputer.com ),provides resources for customer
self-service, and is comprised of an online searchable knowledgebase, downloadable
updates, and a web-enabled CRM that allows users to log new support incidents and
check the status of previously submitted incidents on a 24 x 7 basis.
• Telephone Support
Telephone technical support is available between the hours of 9:00 a.m. and 8:30 p.m.
EST on regular business days. Customers can contact us toll-free at 1.866.988.8324.
HARRIS Technical Support will respond to telephone inquiries using the Service Level
Agreement provided in Table 1 below. Extended telephone support hours for Priority 1
issues will be provided from 8:00AM to 9:00AM daily(Eastern Time, including Daylight
Savings Time), Monday through Friday, excluding US public holidays via a separate
telephone number that will be provided by HARRIS.
• Email Support
Customers may request assistance from HARRIS Technical support via email at
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cityviewsupport @msgovern.com. All email incident reports are logged into the HARRIS
support CRM database and are addressed based upon the priority of the issues. The
response time guidelines for support are provided in Table 1 below.
Feature Requests
If you come across an idea that you think might make a nice enhancement to CityView, your
input is always welcome. Please submit your suggestions through regular support channels.
Unless additional information is needed, you will not receive a personal response. Any
suggestions for enhancements to CityView that you submit will become the property of Harris
Software. HARRIS may use this information for any HARRIS business purposes, without
restriction, including for product support and development. HARRIS will not use information in
a form that personally identifies you.
Limitations
The following are not covered by Harris Software's Standard Support Agreement, but may be
available as separate services on a time and materials basis:
a) Services required due to misuse of HARRIS maintained software;
b) Services required due to software corrections, customizations, or modifications not
developed by Harris Software;
c) Services required by the Customer to be performed by HARRIS outside of Harris
Software's regular business hours;
d) Services required to resolve or work-around problems that cannot be reproduced in Harris
Software's support environment;
e) Services which relate to tasks other than maintenance of the Customer's existing
implementation and configuration of CityView, including but not limited to, enhancing or
adapting CityView for specific operating environments;
f) Services requested by the Customer to implement software updates provided by Harris
Software.
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Table 1. Service Level Agreement
Priority Definition Initial Commitment(HARRIS and Examples*
Response Customer)
Time''
1 Operation/Service down or 2 Hours HARRIS and Custorner will commit • Users cannot •
(High) critically impacted. Business necessary resources to fix problem or login
process impacted. No known obtain a workaround. • Business process
•
workaround.
halted,
2 Operation affected, but not 4 Hours HARRIS and Customer will commit • Cannot print
(Mod{ )down. Business process is resources during normal business • Cannot process.:
•not affected.Workaround hours to resoJIveaissue or obtain payments •
maybe available. vorkaround.' . Application •
response.is
exceptionally
slow
3 Moderate to negligible 24 Hours HARRIS and Customer.will commit • Non critical feature .
impact: No impact to necessary resources during normal:: not workin
(Normal) business, business hours to restore operation to g
• Feature works •
satisfactory levels: but requires user •
intervention
4 Request for information, 48 Hours Request-dependent. • •Help file..:,:
(info.) documentation issues, and clarification
enhancement requests. . f=orm design
not in production
*Response time targets are during business hours only.
Initial Response—The initial response must be one of the following:
1. Afix
2. A work around
3. An action plan
Priority 1 issues—Collier County requires the vendor to work on Priority 1 issues around the
clock 24 x7 until operations have been restored. This only applies if the necessary and
appropriate Collier County resources are likewise available.
Obtaining More Information
Information about our support programs may be obtained by contacting the HARRIS sales team
at 1.800.665.5647, or via email at
MSGOvern_Sales-CityView @harriscomputer. com.
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EXHIBIT "C"
LICENSE APPENDIX
CUSTOMER has received the following licenses under the original contract:
Licenses Incremental Purchase Cost
225 CityView Application Client—Desktop $2,000
0 CityView Application Client—Desktop (Read Only) $900
1 CityView Application Client-Browser N/A
1 CityView Server N/A
150 CityView GIS Extensions(using ArcReader) $250
0 CityView GIS Advanced Extensions $750
1 CityView Application Builder $5,000
1 CityView XML Web Services Extension N/A
1 CityView Portal N/A
PreBuilts:
1 CityView Property Information N/A
1 CityView Permits& Inspections/ROW Permitting N/A
1 CityView Code Enforcement N/A
1 CityView Planning N/A
1 CityView Licensing N/A
1 CityView Cashiering N/A
Mapping Products:
Unitd ArcReader N/A
15 Named Seats ArcEngine TBD—ESRI 3rd Party
RIGHT TO CANCEL. Customer reserves the right to cancel support for partial licenses with a
reduction in maintenance and support payments.
HARRIS will reduce the annual maintenance cost by one-quarter of one percent (0.25%)
of the currently in effect Annual Maintenance Charge for each license returned.
Notification of cancellation must be made at least ninety (90) days prior to the annual
renewal anniversary date. The effect of the reduction will be realized in the calculation
of the next Annual Maintenance Charge. This applies only to the CityView Application
—Desktop licenses.
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NO LONGER SUPPORTED CLAUSE. If HARRIS no longer supports the functionality that
the Customer originally licensed, Maintenance and Support will be reduced by mutually agreed
upon negotiated amount while continuing to provide technical support for the product.
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