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Ia. ^^--�� !ONES ILK'.�\1�1-- Jtil ll I t ]G 96 '`I Ilir COKE " • eCIMS - View Your Cemetery Information on the Web Proposal for eCIMS Implementation for Oakhill Cemetery - 1435 October 15, 2015 ' 10/15/2015 RAMAKER&ASSOCIATES, INC #1435 - 1 - RAMAKER &ASSOCIATES, INC October 15, 2015 Tracy Ackroyd City of Clermont-Oakhill Cemetery 685 W Montrose St Clermont, FL 34711 SUBJECT eCIMS CONTRACT FOR OAKHILL CEMETERY Dear Ms Ackroyd First I would like to thank you for choosing CIMS as your cemetery management software We were confident that you would be pleased with this decision throughout this project and in the years to come Your staff now has all cemetery information at their fingertips, and will be able to better serve your customers and make more efficient use of their time During a recent phone call,you mentioned possibly making some of this data available to the public online We make a product for that called eCIMS You send us your CIMS files,either via email or FTP, and we post the information on an interactive web site at http//www map ramaker com/ecims/ People seeking information about their loved ones or genealogists can use this website to look up information on burials or space owners, all from the comfort of their own home, 24 hours a day I am enclosing two copies of the contract that you can use to initiate this project for your cemeteries For our official records, we ask that you return one signed copy to Ramaker&Associates, Inc I've enclosed an addressed stamped envelope for your convenience Beginning this project is simple Just return a signed contract We will make arrangements to get a copy of your CIMS files,and within one week,your information will be on the Web If you have any questions or concerns on any issues in the proposal, please feel free to contact me at 1-800-332-7532 and we can discuss them in more detail We look forward to a long and successful relationship with you Sincerely, athie 4.24, Rachel Tygum CIMS Project Manager RAMAKER&ASSOCIATES, INC #1435 -2- 10/15/2015 eCIMS CONTRACT FOR OAKHILL CEMETERY CLIENT: Tracy Ackroyd City of Clermont-Oakhill Cemetery 685 W Montrose St Clermont, FL 34711 PROJECT: eCIMS for Oakhill Cemetery eCIMS SOFTWARE - FUNCTIONAL OVERVIEW eCIMS is an Internet-based program that allows cemeteries to share their data and maps through interactive kiosks and on the Internet Once a cemetery enters data into CIMS, Ramaker&Associates will host the maps and the database on a web server, making the data and maps accessible to family members and genealogists The data and the maps in eCIMS are updated 4 times per year, however pricing is available for more frequent updates People interested in your cemetery will be able to look up information about the burials in your cemetery and print a map showing the location of the burials They can do this from your kiosks,or from the Internet, 24 hours a day from the comfort of their own home You've already done all the hard work You've poured over old books, deeds and maps to have your cemetery information at your fingertips Now the data is working for you!Take it to the next level and use the power of the Internet! Choose the information that you want to share and Ramaker& Associates will help post it, along with your detailed maps,on the Internet Following are descriptions of the basic functionalities of eCIMS 1) Search Burials Users can search all burials in the cemetery by first or last name IApn,c I 7_-- _ F , I -- -VINE• Y[ - Burial Information , Search ay Last Name x •Llp First Name ANDREW SEYMOUR Search By Burials: french Total: 10 Mein A - Last Name FRENCH SHEI Blade 16 • L1J1n Lest Name First Name Bloch Lot Loot 17 DREW Space 51/2-N1/2 (FRENCH �SEYMOUR 16 17 S1! Birth Date 12/18/1862 Death Date 4/27/1955 NCH CARL LEWIS 16 22 Si! 92 Years,4 Months,9 AQe Days 1r,V HomFuneral UNKNOWN FRENCH DENAA 16 22 St! isAN 41 Veteran No 9. -- Search Clear Create Report For Printing DtiY LFM it LC !NOEL -�-� - ;,.:,:11--.7....,y:..,.r' INDEL NARY JM 3.. "1..:1 , BITTER hA -• - =GUY HENRVOE01 RITTER Close ' 1' • - - _ FORDYCE BABY 7ABETH I ------__ ...-..7------_ - illiiiiii RAMAKER&ASSOCIATES, INC #1435 -3- 10/15/2015 2) Identify Users can click on any burial space for further information on the burial Information provided to the user is determined by the cemetery, but can include items such as burial location, birth date, death date,funeral home, church, Veteran status and more Burial Information 11 L. First Name IVY FRANCES YC Last Name SNYDER r 13 ,r Block 16 r Let 6 L Space N1/2 51/2 P Irill Birth Date 5/10/1894 Death Date 1/14/1967 Age 72 Years,8 Months,4 Days r Ill ' Funeral Home NOECKER FUNERAL HOME S� Veteran No J 5 CLI , k.=.7: G I Close . 11.711 •l I I NYE'ANCES L SNYDER JOHN DER NORFOLK I MIBERT DE K NORFOIJf i 1 3) Map Legend This legend gives users an easy visual guide to determining which spaces are sold or available BE /1 EANDAVI'M,i ° 'B1 IS GOLDIE Map Legendx LRIBBER N. ,, Grave Status tail i For Sale II —..aPOLAND Reserved 1 BLANCHE OLA A BANNISTER BAREMAM 0 Restricted HEILAND " I GOLDIE TER ANN Sold BANNIS • CECEJIAILNNA H . Sold w/Burial Interments Monuments • ,si Jc ® Burials/Vaults LASKE HA7TIE ILI Close NICHOLS • E aI — 11 ILLNICHY(L 11tS S O 6 w MA1A 'IrNNE H Y , IdAG(RE LUCJLLEUUdS YHILL RAMAKER&ASSOCIATES, INC #1435 -4- 10/15/2015 4) Print The print function allows you to print a map of the information on your screen at that moment Oakwood cemetery IIIII 1 T46.1111 111C41.- mill tfft: ILLA MINI +,] -&Lil ERLui Iiiill ,a� ill l'istljOJ 1 dr. L i7e-- Ti ,mir -Siit Man 1:111111: 5) Imaging Module Multiple images can be pulled from the tabs in CIMS,such as the marker tab, the owner tab, or the burial tab Images will be updated 4 times per year at the same time that your eCIMS burial and owner data is updated U eamovicH -,Burial Information IISM ' ' ,tkiden ii. zAf: First Name NEWS YEF Last Name THOMAS eMili- I LACtIl Block C Ly R Lot 51 I Space N1/2 51/2 LOPER FORREST Birth Date 8/24/1889 CONNALLY Death Date 1/17/1978 Ape 88 Years,4 Months,24 Days Search ay Last Na le S Funeral Home NOECKER FUNERAL HOME _] - ' LEANDER SARAm Veteran No A faEY THOMAS NEWE C 51 NI/ 61 mut �. THOMAS RAY 29 41 5" �---- 1 . .1't,,1 '.1 1 1 / � �� w ' THOMAS RAAWE E C 51 INV „Ynl . - I v�_- is Close Search Clear Create Report For Printing J 6) We are using the latest in Internet technology, including HTML5, CSS3 and JavaScript,to bring eCIMS to any Internet capable device This includes (Pads, 'Phones,Android tablets,traditional desktop computers, laptops and smartphones among many others RAMAKER&ASSOCIATES, INC #1435 -5- 10/15/2015 TIMEFRAME Ramaker&Associates will provide an interactive website at http//www map ramaker corn with your cemetery information The information will be accessible via the web one week after Ramaker& Associates receives a copy of your latest cemetery data PROJECT COST eCIMS Setup Fee(onetime fee ) $1,000 $1,000 set up fee covers the first cemetery Annual fee for hosting data on website** $1,200 Additional cemeteries can be added for$500 each Additional Options' Imaging Module*** 1st gigabyte of data $500 #of Additional gigabytes $250 X [ ] additional GB Once you reach another full GB,you will be charged$250 ** With this annual fee,Ramaker&Associates will update the data 4 times per year More frequent updates are available for an additional charge,Just ask ***Images can be pulled from the tabs in CIMS,such as the marker tab,the owner tab,or the burial tab These images will be available in eCIMS when you are viewing the information for that space Images will be updated quarterly each year at the same time that your eCIMS burial and owner data is updated Image size/pricing will be updated annually Ramaker&Associates now accepts payment via MasterCard and Visa TERMS AND CONDITIONS PLEASE SEE ATTACHED TERMS AND CONDITIONS. AUTHORIZATION I have read and understand the terms and conditions set forth in this contract and I hereby authorize Ramaker&Associates, Inc to proceed with the implementation Please return one complete signed copy of this contract to Ramaker&Associates If we are given verbal or other written notification to proceed, it will be mutually understood that both parties will be contractually bound by this contract,even in the absence of written acceptance L”-/40 Oakhill - etery Officl.if Date iCadlet 10/15/2015 Rachel Tygum, CIMS oject Manager Date RAMAKER&ASSOCIATES, INC #1435 -6- 10/15/2015 RAMAKER&ASSOCIATES,INC GENERAL TERMS AND CONDITIONS OF AGREEMENT-CIMS These Terms and Conditions of Agreement constitute the agreement ("Agreement") pursuant to which services are to be performed by Ramaker&Associates,Inc (hereafter"Consultant")upon acceptance by the client("Client")of the attached Proposal The Scope of Services,Project Cost and Project Schedule sections of the attached Proposal are incorporated by reference into these Terms and Conditions of Agreement,and are part of the Agreement SECTION 1 Scope of Services The Scope of Work and the Project Schedule defined in the Proposal are based on the information provided by Client If this information is incomplete or inaccurate,or if site conditions are encountered that materially differ from those indicated by Client,or if Client directs Consultant to change the original Scope of Services established by the Proposal,then an amendment to this Agreement is required Consultant may rely on the representations of Client,and Consultant's obligations under this Agreement are limited by all specific directives of Client SECTION 2 Change In The Scope of Services Any written or oral communication from Client that requests changes in the Scope of Services shall be treated as a Change Order Proposal Consultant shall give written notice within ten(10)days of the proposed change order of any resulting increase in fees or costs If the Client agrees with the Change Order Proposal,it shall become a Change Order to this Agreement and change the Scope of Services and Agreement Price accordingly If the Client does not approve the Change Order,there shall be no change in the Scope of Services SECTION 3 Fees,Billing&Payment Terms 31 Client shall pay to Consultant on a time-and-materials basis(or as indicated in attached contract),compensation for services based upon the amounts set forth in Consultant's current Fee Schedule Consultant's fee schedules are revised on a calendar year basis,will become a part of this contract,and the total compensation for the project will be adjusted if the Fee Schedule is revised 3 2 PAYMENT DUE Invoices shall be submitted by the Consultant (monthly, bi-monthly, weekly,or upon completion of each phase)as identified here or within the attached proposal Invoices are due upon presentation and shall be considered past due If not paid within thirty(30)calendar days of the due date 3 3 INTEREST If payment in full is not received by the Consultant within thirty(30)calendar days of the due date,invoices shall bear interest at one-and-one-half(1 5)percent(or the maximum rate allowable by law,whichever is less)of the PAST DUE amount per month,which shall be calculated from the invoice due date Payment thereafter shall be applied to accrued interest and then to the unpaid principal 3 4 COLLECTION COSTS If the Client fails to make payments when due and the Consultant incurs any costs in order to collect overdue sums from the Client,the Client agrees that all such collection costs incurred shall immediately become due and payable to the Consultant Collection costs shall include,without limitation,legal fees,collection agency fees and expenses,court costs,collection bonds, and reasonable Consultant staff costs at standard billing rates for the Consultant's time spent in efforts to collect This obligation of the Client to pay the Consultant's collection costs shall survive the term of this Agreement or any earlier termination by either party SECTION 4 Suspension of Services If the Client fails to make payments when due or otherwise is in breach of this Agreement,the Consultant may immediately suspend performance of services The Consultant shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client Upon payment in full by the Client,the Consultant shall resume services under this Agreement,and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for the Consultant to resume performance SECTION 5 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the Client and the Consultant,the risks have been allocated such that the Client agrees,to the fullest extent permitted by law,to limit the liability of the Consultant to the Client for any and all claims,losses, costs,damages of any nature whatsoever or claims expenses from any cause or causes,including legal fees and costs and expert-witness fees and costs,so that the total aggregate liability of the Consultant to the Client shall not exceed the Consultant's fee for services rendered on this Project It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law In no event shall Consultant be liable hereunder for any indirect,incidental,punitive or consequential damages(including lost business profit or claims for extended duration,delays or hindrance)sustained by the Client for any matter arising out of or pertaining to the subject matter of this Agreement SECTION 6 Force Majeure Consultant shall not be liable for any loss or damage due to failure or delay in rendering any service called for under the proposal letter resulting from any cause beyond Consultant's reasonable control, including but not limited to acts of God, acts or omission of governments,strikes, lockouts,or other industrial disturbances,riots,terrorism,acts of the public enemy,wars,blockades,insurrections, epidemics,landslides,earthquakes,fire,storms, lightning,floods,washouts,civil disturbances,and any other acts or omissions similar to the kind herein enumerated,but not within the control of the affected party and which by the exercise of due diligence said party is unable to overcome RAMAKER&ASSOCIATES, INC #1435 -7- 10/15/2015 SECTION 7 Indemnification To the fullest extent permitted by law, the Consultant shall indemnify the Client for damages arising out of the performance of professional services to the extent caused by the negligence of the Consultant,except as limited herein by Client's indemnification obligations to Consultant which take precedence To the fullest extent permitted by law,the Client agrees to indemnify and hold harmless the Consultant and the Consultant's sub-consultants from any liability,damages,claim,costs,expenses,or legal fees,for injury or loss arising from errors, omissions or inaccuracies in documents or other information provided by the Client to the Consultant or for any other injury or loss caused by the Client,its employees,agents,other consultants,and/or the Property Owner,and to indemnify and hold harmless the Consultant and the Consultant's sub-consultants(including its officers,directors,employees,former employees,agents,and partners)to the extent that the total aggregate of any and all liabilities(including all damages(direct,consequential,indirect,incidental or other damages),claim,costs,expenses, legal fees of any party)of the Consultant and its sub-consultants to the Client or any and all third parties exceeds the amount of Consultant's fee for services rendered on this Project SECTION 8 Use and Ownership of Documents The drawings,specifications and other documents,including those in electronic form,prepared by the Consultant,are considered Instruments of Service Any drawings, specifications or reports prepared by Consultant under the attached proposal letter shall be the property of Client Consultant shall have the unlimited right,however,to use such drawings,specifications and reports and the intellectual property therein Client shall use such drawings,specifications and reports only for the project or purpose for which they were prepared "Documents" as referred to herein are limited to the printed copy (hard copy) that are signed or sealed by Consultant, its agents or employees Files on electronic media of text,data,graphics,or of other types that are furnished by Consultant,are only for the convenience of Client Because electronic media can deteriorate or be modified,inadvertently or otherwise,without authorization of the data's creator, the party receiving electronic data agrees that it will perform acceptance tests or procedures within 30 days,after which the receiving party shall be deemed to have accepted the data thus transferred Any errors detected in the 30-day period will be corrected by the creator of the electronic data Electronic drawings will not contain Consultant's or its engineer's seal or title block identification The creator of electronic files is under no obligation to maintain hardware or software to use the media of transfer at a future date Any conclusions of information derived from electronic files that are not specifically a requirement of the project work statement are at the user's sole risk Consultant will retain all Documents which were generated or used while performing services under this Agreement,for a period of three(3)years following completion of this project During this time,Consultant will reasonably make available these Records to Client during regular business hours Consultant may charge a reasonable fee in addition to its professional fees for storing,retrieving,or copying such Records SECTION 9 Licensing The CIMS family of applications,trademark,source code,trade secrets,copyright and all other rights,real or implied,pertaining to CIMS (including but not limited to any images,photographs,animations,video,audio,music,texts and"applets,"incorporated into the software product)are and remain the sole property of Consultant This does not include any data currently owned by the Client The software product is licensed,not sold You may install and use only the number of licenses agreed to in this contract Each license is for one computer only Upon termination of any Software license,Client will return to Customer or destroy all copies of the Software SECTION 10•Warranty and Remedies All CIMS related products are warranted to perform for a period of 120 days from the date of receipt If the software does not meet the warranty requirements,it will either be repaired or replaced at the discretion of Consultant The software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer Consultant makes no claim of interoperability with software programs other than the specified operating systems This warranty only applies to the original seat of software that resides at the client office Consultant is not responsible for data entered into the system It is the client's responsibility to backup data on a consistent and timely basis 101 Disclaimer THE WARRANTIES IN SECTION 10 ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE CONSULTANT DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION,OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH OTHER SOFTWARE,OPERATING SYSTEMS OR ENVIRONMENTS,OR EQUIPMENT 10 2 Exclusive Remedies Client must report to Consultant any breach of the warranties contained in Section 101 during the relevant warranty period Client's sole and exclusive remedies,and Consultant's entire liability,for a reported breach are to correct Software errors that caused the breach of warranty,or if Consultant is unable to make the Software operate as warranted,Client may terminate the Software license and recover the fees paid to Consultant for the Software license,less a reasonable amount for Client's use of the Software, prorated based on a three-year product life 10 3 Limitations Consultant will have no obligations under Section 10 if the breach of warranty is caused by abuse,misuse, alteration,neglect,or accidental damage of or to the Software,or the unauthorized repair,modification,or installation of the Software SECTION 11.Technical Support Complimentary technical support will be provided via telephone or e-mail for 120 days from the date of receipt Support is available Monday through Friday from 700 a m -4 00 p m CST Please call us at 1-800-332-7532 or see our web site http//www lcims corn for additional support options available after the complimentary support period expires SECTION 12 Upgrades/Enhancements All product upgrades/enhancements will be provided free of charge for a period of 120 days from the date of delivery SECTION 13 Patents Any patentable or copyrightable concepts developed by Consultant as a consequence of service hereunder are the sole and exclusive property of Consultant and nothing in this Agreement shall be deemed to grant Client any right in or to such concepts RAMAKER&ASSOCIATES, INC #1435 -8- 10/15/2015 SECTION 14 Insurance Consultant shall maintain worker's compensation,employer's liability,commercial general liability,automotive liability,and professional liability insurance during the time it is performing services hereunder The Client shall be responsible for purchasing and maintaining the Client's usual liability insurance and,at its option,may purchase and maintain such other insurance as will protect it against claims which may arise from operations under the Contract Documents SECTION 15 Dispute Resolution All claims,disputes and other matters in question arising out of,or relating to this Agreement or the breach thereof, shall be decided by arbitration in accordance with Commercial Industry Arbitration Rules of the American Arbitration Association then in force If the parties cannot agree on the choice of an arbitrator,the parties shall use the American Arbitration Association to conduct the arbitration The arbitration shall be held in Sauk County,Wisconsin The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereto The fee,if any,of the arbitrator(s),shall be shared equally by both parties Nothing herein shall preclude,however,the availability of injunctive or other equitable relief in an appropriate case,and each party agrees that the other shall be entitled as a matter of right to seek and obtain an injunction from any court of competent jurisdiction,restraining any further violation or threatened violation of any restriction or agreement contained herein for which monetary damages are not an adequate remedy SECTION 16 Third Party Beneficiaries This Agreement does not create any benefits for any third party SECTION 17 Governing Law The Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin SECTION 18 Severability The various terms,provisions and covenants herein contained shall be deemed to be separable and severable,and the invalidity or unenforceability of any of them shall in no manner affect or impair the validity or enforceability of the remainder hereof SECTION 19 Entire Agreement This Agreement constitutes the entire Agreement between the parties and supersedes all prior negotiations,representations or agreements relating thereto, written or oral, except to the extent they are expressly incorporated herein Unless otherwise provided for herein,no amendments,changes,alterations or modifications of this Agreement shall be effective unless in writing signed by Client and Consultant Each of the parties has been involved in determining the provisions of this Agreement,and in case of a conflict herein such conflict shall not be resolved or determined in favor of or against a party hereto,in whole or in part,based on whether or not such party has prepared this Agreement or any provision hereof Client is bound by the terms of this Agreement if Consultant is instructed by Client to proceed with the Scope of Services and Client has not objected to any of the terms and conditions contained herein IN WITNESS WHEREOF,this Agreement has IN WITNESS WHEREOF,this Agreement has been executed on behalf of Consultant as of this been executed on behalf of Client as of this 15th day of October ,2015 7 day of rn 1na1c1 ) ,20 UP RAMAKER&ASSOCIATES,INC CLIENT -/ By 15....rG-r /"f By `_`:rAgiL Brandon Finley Namev' 1l'. AI if 1 Vice President,Ramaker&Associates,Inc Title(.Ht.1 Manct3 RAMAKER&ASSOCIATES, INC #1435 -9- 10/15/2015 RAMAKER &ASSOCIATES, INC. 100%EMPLOYEE-OWNED September 16, 2019 Christina Addington City Clerk's Office 685 W. Montrose St. Clermont, FL 34711 SUBJECT: Oak Hill Cemetery Dear Christina: Based on our conversations regarding the updates to your CIMS maps, I am able to provide you with the following estimate for work. If you would like to proceed, please sign and return this document. Adding New Columbaria $240 Ramaker will incorporate the new 48 niche columbaria into CIMS based on the information provided by Christina Addington on 9/13/2019 By signing this contract, you agree that this is an addendum to the original contract for CIMS Cemetery Software. 9—/6 _19 Oak Hill Cemet-ry Official Date If you have any questions or comments, please do not hesitate to contact our office. Thank you. Sincerely, RAMAKER &ASSOCIATES, INC. Brandon Finley Director of CIMS brandon@ramaker.com 111 855 Community Drive,Sauk City,Wisconsin 53583 A Voice:608-643-4100 Fax:608-643-799£ Web:http://www.ramaker.com