HomeMy WebLinkAbout[08a] Storm Water Software{~,
Council Agenda Item g a
MEETING DATE: June 18, 2009
AGENDA ITEM: Storm Water Softwaure
SUBMITTED BY: Public Works
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: When the City Council implemented the Storm Water Utility part of the
budget included purchasing software to track the requirements. Staff was not ready to use the software
so we have not implemented that portion yet.
BACKGROUND INFORMATION: The MS4 Permit requires tracking of the best management practices
and maintenance of the system. We fulfill the requirements of the permit process, but do not have
good documentation as to when things are done. The software allows for continuing input until the end
of the permit process at which time the permit is printed. On a regular basis permits are audited for
compliance and while the software is only as good as the input, it is a better method of tracking and
reporting than keeping pieces of paper until the report is due.
SEH prepared the Storm Water Management Plan for the City and part of the start up cost of the
software is to load all the data into the system. The initial fee is $995 which loads the data and provides
training. Annually the City will have a support fee of $ 600 per year. The funds for this will come from
the Storm Water Utility, not the general fund and it was programmed into the establishment of the fee.
The City has reviewed a demo of the software and it will meet the needs of the City and is user friendly
for the operators.
BUDGET/FISCAL IMPACT: $ 995 and $ 600 for 1 year of support.
ATTACHMENTS: Contract and Agreement
REQUESTED COUNCIL ACTION: Authorize the purchase of the Permit Track Software and support as
requested.
JI SERVICE ADDENDUM 1: PERMITRACKMSa
J"~'~ FOR SEH CLIENT PORTAL SERVICES
SEA
INTRODUCTION
The Se~~~ice Addendimi 1: PermiTrackhlS4 supplements the Master Agreement for SEH Client Portal
Services between Short Elliott Hendrickson, Inc. (SEH), and the City of St. Joseph, Minnesota,
hereafter referred to as the Client, and effective upon signature at the end of this document. This
document establishes the purpose, scope of services, capability and features, compensation, effective
date, term and other specific conditions related to provision of SEH Client Portal Services.
1. PURPOSE
The purpose of Service Addendum 1 is to define aweb-based information management
application (PermiTrackMSa) provided through by SEH Client Portal Services for entry,
administration and reporting of storm water management permit information.
2. SCOPE OF SERVICES
SEH will provide PermiTrackMSa as a Client Portal Service for entry, administration and
reporting of information in support of programs and activities required under the referenced
NPDES permit using web access. PermiTrackMSa provides an information management structure
for administration of the Client's storm water management program that is consistent with the
structure of the permit, stormwater management plan, policies, programs and practices.
PermiTrackMSa includes a customized report generation capability that can address specific
minimum control measures, best management practices, goals and activities for specific
assignees and reporting periods as required for program management and reporting.
Service Addendum 1 authorizes a maximum of five (5) concurrent users, each able to
independently use PermiTrackMSa from separate locations with Internet access.
SEH will populate the Client's PermiTrackMSa information database from information contained
in the referenced permit as the basis for ongoing storm water program administration. This base
structure will support full development of the Client's program information and development of
measurable goals and activity reports. Professional services to review or revise the Client's
storm water management program data or information are not included in this contract.
SEH will provide initial training for the Client's designated administrator and key users. The
training will consist of three phases, all conducted in a location designated by the Client and
using the initial Client information within PermiTrackMSa~
• Initial Demonstration -SEH will conduct an overview and demonstration of
PermiTrack~,,sa capabilities, features and operation to provide a broad perspective and
understanding of the application for program administration and permit reporting. This
training is intended for all identified users of the application and is expected to take
approximately one (1) hour.
Administrator/Key User Training -SEH will guide the Client's designated application
administrator through the various components and functions of PermiTrackMSa. for use by
Client staff. Following this session, SEH will work with users selected by the Client for
training specific to their intended level of operation and guide them through the relevant
PermiTrackMSa uses and features. All training will be done using Client materials and
documents to build upon the base setup. This phase of the training is expected to take
about four (4) hours.
City of St. Joseph, MN Page 1 of 4 Effective Upon Signature
/ SERVICE ADDENDUM 1: PERMITRACKMSa
FOR SEH CLIENT PORTAL SERVICES
S E!
• Fol/ow-up Training -SEH will provide a second training session six to eight weeks after
completion of the initial training to strengthen initial user skills and to train other users if
identified by the designated administrator. This phase of the training is expected to take no
more than two (2) hours.
The cost of this training is included in the initiation fee; this training is in addition to ongoing
training and Technical Application Support (TAS) as defined in the Master Agreement.
3. CAPABILITY AND FEATURES
PernliTrackMSa provides these key capabilities and features:
• Ability for the Client's PermiTrackMSa administrator to establish individual users (up to
five total) within the application, each representing their respective departments or
interests as they relate to activity within the Client's Municipal Storn~ Water Permit
Program.
• Ability to expand or modify the information managed within PerniTrackMSa including
the ability to upload and store project documents (permits, design files, activity reports,
construction drawings and other files) as supporting information.
• Ability to use existing templates as data input forms for common storm water
management program functions. SEH will provide access to standard data form
templates year for the Client within the scope of this Addendum.
• All data will be centrally maintained on secured web server equipment with systematic
daily record backup.
• PermiTrackMSa will support assignment and tracking of each specific section of the
Municipal Storm Water Permit program, including measurable goals, to designated
individuals. This feature is further supported with the option of automated e-mail
notification for specific assignments to the designated assignee.
• A report filter within PermiTrackMS4 will, facilitate generation of customized reports by
type and status of activity, activity dates and designated assignees, resulting in an Adobe
• A "Publish" option will generate a comprehensive report of all Municipal Storm Water
Permit Program information in PermiTrackMSa_ accessible via a website link (URL). Thf
document, when viewed online using a commonly available Adobe Acrobat Reader
utility, provides viewing or download access to all uploaded supporting documents.
• Additional capacities and features as developed and deployed in subsequent
PermiTrackti,saupdates or releases are included as part of this service through the term
of Service Addendum 1 and any subsequent extensions.
4. SERVICE LEVEL
The SEH Client Portal Service will be available and working 99.9% of the time between the
hours of 7:00 AM and 7:00 PM Monday through Friday, excluding national holidays. The SEH
Client Portal Service will also be available at other times, but system `down-time' will not be
eligible for Credits as described in Section 5 labeled Credits below.
5. CREDITS
In the event that there is a lack of availability of the SEH Client Portal Service during the time
periods identified in Section 4 of this Service Addendum, SEH will credit the monthly/annual
City of St. Joseph, MN Page 2 of 4 Effective Upon Signature
J SERVICE ADDENDUM 1: PERMITRACKMSa
~'' FOR SEH CLIENT PORTAL SERVICES
S E!~
Ongoing Service (OS) Fee for the outage period as calculated below and as measured by a third
party (Keynote Red Alert), who is independently contracted by SEH for this purpose. Outages
will be computed by determining a percentage of downtime based upon the stated hours of
availability and a monthly outage report received from Keynote Red Alert. Credits will be
applied in accordance with the schedule identified below, with the maximum credit not to
exceed the monthly service charge for the affected month:
Service Availability Credit
99.9% and above No credit applied
98.0% up to 99.9% 10%
95.0% up to 98.0% 25%
90.0% up to 95.0% 50%
Below 90.0% 100%
If applicable, these credits will be automatically deducted from the monthly/annual OS fee as
indicated on the Client's monthly invoice.
If, upon review of the monthly invoice, the Client determines that an applicable credit was NOT
applied for eligible down time, the Client must request a credit within ten (10) business days of
the date of the invoice. The Client must request credit by sending an electronic mail message to
Jason Sprague, Director of Web Portal Services, at jsprague@sehinc.com.
For security reasons, the body of this message must contain the Client's invoice number as
shown on its invoice, the dates and times of the unavailability of the Service, and such other
Client identification requested by SEH. Credits will usually be applied within sixty (60) days of
the Client's credit request. Credit to the Client's account shall be its sole and exclusive remedy
in the event that there is no availability.
6. CREDIT RESTRICTIONS
Credit shall not be provided to the Client in the event that it experiences a lack of Availability
resulting from (i) scheduled maintenance as posted from time to time on the portal site, (ii)
Client's behavior or the performance or failure of its equipment, facilities or applications, or
(iii) circumstances beyond SEH`s reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in transportation, unavailability of interruption or delay in
telecommunications or third party services (including DNS propagation), failure of third party
software or hardware or inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of Client's Service.
7. COMPENSATION
The Client agrees to pay SEH as follows.
Initiation and Training Fee -Based on the initiation and training activities included in
Service Addendum 1, $995.00 (lump sum basis) will be invoiced immediately following the
conclusion of the initial training. The Initiation Fee does not include travel expenses to be
incurred by the PermiTrack training staff, and will be invoiced separately. Web-based
training (via GoToMeeting.com) is also available to minimize/eliminate any associated travel
costs.
Ongoing Service (OS) Charges -The Ongoing Service (OS) charges for application access
and support are $50.00/month ($600.00/year) for the first year of this contract. Invoicing for
these services will be submitted annually, unless otherwise designated by the Client.
City of St. Joseph, MN Page 3 of 4 Effective Upon Signature
J SERVICE ADDENDUM 1: PERMITRACKMSa
Jam` FOR SEH CLIENT PORTAL SERVICES
SEA
The total contract amount identified for in this Addendum for the PermiTrackMSa product shall
not exceed $1,595.00. The total contract amount for services specified in Sen~ice Adde»dunz 1
for subsequent years shall not exceed $600.00/year. Additional services not authorized by
Service Addendum 1, if requested, will be offered by amendment or supplement to this
Agreement.
Services Start Date End Date
PermiTrackMSa Signature date (see below) Renewable Annually
This Addendum shall commence on the date stated above, and shall remain in effect for the
duration of services specified above.
8. TERM
This Agreement authorizes full use of the PermiTrackMSa application effective for one (1) year
from the signature date of this contract, and ongoing use as this contract is renewed annually.
Service Addendum 1: PermiTrackMSa accepted and approved this day of , 2009.
City of St. Joseph, MN
SE
Date
Jason P. Sprague
Print Name
\:
Director, Client Portal Services
Title
City of St. Joseph, MN Page 4 of 4 Effective Upon Signature
Signature Date
MASTER AGREEMENT
~`~, FOR SEH CLIENT PORTAL SERVICES
C f~
INTRODUCTION
This Agreement is made between Short Elliott Hendrickson, Inc. (SEH) and City of St. Joseph,
Minnesota, hereafter referred to as the Client, and effective upon signature at the end of this
document. This Master Agreement for SEH Client Portal Services, hereafter referred to as the
Agreement, shall reference the supplemental Service Addendum(s) attached at the end of this
Agreement. The Service Addendum(s) shall identify specific products, contract duration, terms, and
compensation.
In consideration of the Client retaining SEH to provide and maintain SEH Client Portal Services, it is
agreed as follows:
1. SCOPE OF SERVICES
The Client hereby retains SEH and SEH hereby agrees to provide and maintain the SEH Client Portal
Services. These services will be delivered via the Internet and will be further defined in the following
paragraphs and authorized Service Addendum(s). The Client agrees to pay SEH the amount listed in
Service Addendum(s) attached at the end of this Agreement or subsequently authorized.
2. PROVIDING SERVICE
The SEH Client Portal Service will provide the Client with the means to access all contracted services
using a web browser and their Internet access. The type(s) of service that this Agreement covers is
defined in the authorized Sen~ice Addendum(s). This Agreement does not include provision or
maintenance of the Client's connection to the Internet.
Technical Application Support (TAS) is defined as providing assistance on how to use the application
from a technology perspective within the web browser. (i.e.-The end user of the application does not
understand how to use the application command structure.)
The service also includes:
• TAS for Client provided via a "Request Technical Help" link within the application.
• TAS for Client system administrators provided by phone and direct email.
• Archival of databases upon request and not to exceed once each month.
• Any upgrades developed during the Agreement.
3. PRODUCT SUPPORT
SEH will provide up to four (4) hours of TAS per month during the duration of this Agreement.
Additional TAS, in excess of the aforementioned four (4) hours per month, will be billed at the rate of
$100/hour and will be billed in fifteen (15) minute increments.
4. PRODUCT TRAINING
Training sessions can be substituted for a month's TAS work twice annually each Agreement term.
This substitution is limited to eight (8) hours of training time. Additional time and expenses allocated
in order to carry out a training session will be negotiated in a separate contract. This training is
additional to any initial training included in any authorized Service Addendum for a specific portal
application.
5. OWNERSHIP OF SYSTEM AND DATA
The Client acknowledges that all program files are the sole ownership of SEH and SEH
acknowledges that all Client-provided data is the sole ownership of the Client. SEH reserves the right
to download the database files for maintenance and backup purposes.
City of St. Joseph, MN Page 1 of 4 Effective Upon Signature
MASTER AGREEMENT
FOR SEH CLIENT PORTAL SERVICES
SEt~
6. USE OF SYSTEM
SEH grants the Client unlimited use of the administrative portion of their system by a limited number
of Client employees. The Client is not authorized to give any other organization administrative access
to the system or otherwise share the system with anyone outside the Client organization unless
specifically defined by authorized Sen~ice Addendum(s). SEH reserves the right to cancel service if
this is not observed.
7. CONFIDENTIALITY OF AGREEMENT
SEH recognizes and acknowledges that this Agreement creates a confidential relationship between
SEH and the Client and that information concerning the Client's business affairs is confidential in
8. NON-DISCLOSURE
SEH agrees that, except as directed by the Client, it will not, at any time during or after the term of
this Agreement, disclose any Confidential Information to any person whatsoever, except to the extent
required by law, and that upon the termination of this Agreement, SEH will turn over to the Client
database files, documents, papers, and other matter in its possession or control that relate to the Client.
nature. All such information concerning the Client is hereinafter collectively referred to as
"Confidential Information."
9. CONTRACT EXTENSION
Upon conclusion of the identified contract term in the Ser>>icc Addenclurn(s), this contract will be
automatically renewed for a subsequent twelve (I 2) month period. Any additional negotiations related
to the extension of this Agreement, will be completed at least thirty (30) days prior to the expiration
date of this Agreement. The terms of extension will be provided by SEH to the Client via electronic
mail in an Annual Renewal Notice.
10. PERMITS AND LICENSES
SEH shall, at its expense, procure a111icenses and permits which are required to lawfully render the
services and agree to comply with all the statutes, ordinances and regulations which are applicable to
the conduct of its services hereunder.
11. REMEDIES OF BREACH
If either party breaches the above Agreement, the offended party shall have the right to apply to a
court of competent jurisdiction for an injunction to restrain the offending party from employing such
actions and for an order to enforce the terms of the section so breached and to recover any actual
damages (limited to the total sum of money expended pursuant to this Agreement), reasonable
attorney's fees and court costs that the party shall have lost as a result of the breach. The Client's
right to recover its attorney's fees under these circumstances is expressly permitted by section 271.159
of the Texas Local Government Code.
12. TERMINATION
If one party (offending party) breaches one or more obligations hereunder, the other party (offended
party) shall give the offending party notice which shall specify the nature of the breach. The offending
party shall then have thirty (30) days from the receipt of such notice to remedy the breach for which
such notice has been given. If at the end of such thirty (30) day period, the Offending party has not
cured the breach, the Offended party may thereupon terminate this Agreement by giving the offending
party a written notice of termination and at the expiration of the 14th day following the delivery of
such notice, the Agreement shall be deemed to be terminated and the offended party shall be relieved
from further performance of its obligations hereunder.
City of St. Joseph, MN Page 2 of 4 Effective Upon Signature
MASTER AGREEMENT
1~. FOR SEH CLIENT PORTAL SERVICES
SEH
A. Termination by SEH
Not withstanding the previous section, SEH may terminate this Agreement upon 30 days prior
written notice if the Client fails to pay SEH in accordance with the provisions of above
Agreement.
B. Termination by Client
The Client may terminate this Agreement when it determines that termination is in the best
interests of the Client by giving SEH thirty (30) days written notice of the termination. If the
Agreement is terminated per this section, SEH shall be paid its fee for all services rendered to date
of termination.
13. SEVERABILITY CLAUSE
If a court holds any part, term, or provision of the Agreement to be unenforceable, the validity of the
remaining portions or provisions shall not be affected, and the rights and obligations of the parties
shall be construed and enforced as if this Agreement did not contain the particular part, term, or
provision. The parties agree that any Agreement by the Client to indemnify shall be construed to be
enforceable to the maximum extent allowed by law.
14. HEADINGS
The headings that appear in this Agreement have been inserted for the purpose of convenience and
ready reference. They are not intended to and shall not be deemed to define, limit or extend the scope
or intent of any provision thereof.
15. THE CLIENT'S AUTHORITY
The Client represents and warrants to SEH that the Client has the requisite power and authority to
enter into and perform the terms of this Agreement and that the Client has done and will continue to
do all things necessary so that this Agreement will be valid, binding, and legally enforceable upon the
Client.
16. ASSIGNMENTS
This Agreement is not assignable by either party without the prior written consent of the other party,
except for an assignment by either party to a parent or a controlled subsidiary or that party.
17. LIMITATION OF CLAIMS
Claims of either party against the other not presented to the other party in writing within one year of
the date of discovery of the basis of the claim or the time allowed in the applicable statute of
limitations, whichever is longer.
18. CONSEQUENTIAL DAMAGES
The parties agree that in no case shall SEH or the Client be liable for any loss of business,
consequential, or indirect damages.
19. GOVERNING LAWNENUE
This Agreement shall be governed by the laws of the State of Minnesota. Venue for any legal action
shall lie in a court of competent jurisdiction in Ramsey County, Minnesota.
20. ENTIRE AGREEMENT AND NOTICE
This Agreement contains the entire understanding of the parties and may not be amended without the
specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it
is in writing and if sent by certified or registered mail.
City of St. Joseph, MN Page 3 of 4 Effective Upon Signature
SEH
IN WITNESS WHEREOF,
MASTER AGREEMENT
FOR SEH CLIENT PORTAL SERVICES
The City of St. Joseph, MN and SEH have duly executed this Agreement upon the date of signature,
as identified below.
This Agreement is accepted and approved on this
City of St. Joseph, MN
Signature
Print Name
Date
Title
City of St. Joseph, MN Page 4 of 4 Effective Upon Signature