2005-42RAMAKER
&ASSOCIATES, INC.
Consulting Engineers
Cemetery Information
Management System - CIMSTM
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Proposal for CIMSTM Implementation for
OaN Nill Cemetery - C1435
Houember 4, 2005
RAMAKER
& ASSOCIATES, INC.
Consulting Engineers
~~
November 4, 2005
City of Clermont
Denise Knight
685 W. Montrose Street
Clermont, FL 34711
SUBJECT: CIMSTM CONTRACT FOR OAK HILL CEMETERY
Dear Ms.. Knight:
Thank you for considering CIMSTM as your cemetery management software. We are confident that you would
be pleased with this decision throughout this project and in the years to come. We respect that this is a large
investment and adjustment for you and your cemetery and our goal is to make it a smooth transition.
CIMSTM 3.0, our newest product for the cemetery industry excels over the competition in many areas. Its
database is comprehensive, yet flexible, and very simple to learn. Our mapping technique is also the best in the
industry. All your information will be in the database and linked to a space on your cemetery map.
Two copies of the contract are enclosed. 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.
I've also enclosed References. These sheets will provide you with Ramaker & Associates' background, as well as
highlights some of the systems we've recently completed for a few of our clients.
Beginning this project is simple. Just return a signed contract and your CAD files. We will convert these files
to GIS format required by CIMSTM and send you a final map to proof and revise as necessary. When the maps
are approved, we will then merge it with the CIMSTM database, for a complete system
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,
~~-- ~ "v~
Brandon Finley
CIMSTM Project Manager
Enclosures
1120 Dallas Street, Sauk City, Wisconsin 53583 • Voice: 608-643-4100 Fax: 608-643-7999
Web: http://www.ramaker.com
CIMST"" CONTRACT FOR OAK HILL CEMETERY
~~
CLIENT: Ciry of Clermont
Denise Knight
685 W. Montrose Street
Clermont, FL 34711
PROTECT: Oak Hill Cemetery
CIMST"" SOFTWARE -FUNCTIONAL OVERVIEW
Ramaker & Associates cemetery management and mapping software, CIMSTM is designed so that all cemetery
information is linked to a digital map. A user can simply click on the map and determine who owns that space,
when it was purchased, and if there are any interments on it. Additionally, a user can query the database for a
particular burial or owner, and see the results of that search on the map. These basic functionalities are
outlined in the following screen shots.
1) Rapid query7ng of burial locations by name and/or location -results will display the database
records and highlighted graphical features. This information can be viewed and printed in
report form or map form.
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2) Rapid querying of available reserved and sold spaces by name and/or location -results will
display the database records and highlighted graphical features. This information can be
viewed and printed in report form or map form.
3) CIMSTM is designed to easily create reports depicting information about your cemetery.
CIMSTM'
Date Pmmed: OStt9f20W
Pemd Couemd: BomOStt9tt995 to OStt9tt998
Burial Activity Report
LA@LL'~ffiE F3Y$m~ ece DEATH DATE @OQIAL DATE ]YPE
ALT HAROID C. 89 09f1U1991 IODIf199T Steederd
BENZSCHAWEL GEORGE P. 94 040811997 OSD6f1997 ShnJmd
BREUER LOUISE 98 OSH8f1996 OSQ3f1996 Student
BUSS VIOLAF 9l 01!18!1998 01(3171998 Studmd
El3]TtMAN JOHN ]. 7t OStt2n996 05!1811996 Smnlud
FFRIION FRANK W. 89 OSRln996 052U1996 SteMe~d
HANG SOUR LUE 77 02n8n996 07113tt996 Slanissd
IANSSEN KATHRINEL 44 Oln In998 OlGlll998 Stardertl
KLINGHOIZ ID1~ 94 IIn6n995 11118/1995 Sludmd
KOUTECKY EARL M. 74 OQ115n996 ONlst/t996 StamWd
MOUA YANG MEE 93 OSRSn995 OSf3Nt995 Studed
MUW tcn IEWEL 70 IOn7n995 1On9/1995 Studud
NEUHAUS IDNA A. 08f31tt995 09:77!1995 Steedud
Olbi SANDRA 46 03DBtt997 03111!1997 SlercWd
TETfGEN DOROTHYN 94 12tt2tt997 17111!1997 Studmd
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C 2754 Pfeffm Fmeml Home
C 3436 PfefferFweml Home
D 2342 OR. WESTRIJM
C 431 PfAHArFmeml Home
C 2753 O.R. WFSfRUM
62032 P15fferFmeml Home
C 1044 O.R. WESTRUM
62533 lsn F®ml Home
C 1964 Pfeffer Fvae~al Home
81035 OA. WESTRUM
C 634 O.R. WES[R[JM
C 2662 P6NGrRweml Home
B 3 31 lem Fmeml Hame
C 31 5 6 O.R. WESTRDM
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' 4) CIMSTM can query customer database and print out mailing labels for marketing purposes.
_ _ _ _-
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'~. ~. ADAMS' ~-THOMAS ~ Madson~ •.~WI .`?~ '~'.i ,C~
:i: '?~ AFFELD __ IA~UGL6 Madison ____.- W[ - E ,. cw.t>(Excep[the Gtterteuj
' ~~ t1Y ALDER _ JAhES LOUIS Madison WI ~ ~~>(Except the lntared)
~i AILEN M. E. MRS. Hodson WI __ ~- Owners
=- 45LMA GERTRUDE ~___ WI ~' ;,' Owners with Care Furls
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tJ -. AWE JOHN MRS. -~ WI _ -.-~ eservetim s
'r'+ ., BACON 7JOFN .. MANROWOC wI .-___- rw-.xrs vAn Authorized Bur ~~". .
~< BAEIXMAN i,LOUIS _ --- Madison w[ _-- -+?aQs
_ BAECKMANN 'KARL II TM~adison WI ~.
BAERWALD7 '.ALBERT I"'°"°"" ~ WI ~?...
a BANZFVIF jHENRYL __ MRWAUCEE WI .. rxonus wDwma xaxrtvG awx~wa wwurmaaawswxr
BARKFEFFI~ Madison... WI .;, oaf es.sar. raa nova. arm na.m e..
BARTEL ~ - Hodson ~ _. W[ _... _ w+.ati=n an mi r ww.wwuae m.
BARLITH .._ GEORGE____-~_. __.__ WI -- wawa usr wrvnn wwcxaxna
BARUTH _ HENRY .-_ I1-'hlad`"'son~ WI
BASKEN ERNEST MR. a TEMPS AR i 1°Ct1t
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BALICRTECHT FENRY MANITOWOC WI ..wmM1wanri nr w vrri wumrowoc, wrwm
BEAN BEN F. _-_T,_____~- -_ __ ....
' BEAN ___- F.A. __.__. Madison __-_. WI _.. rwmn wv~"r a ar.em.vr srrir wvx~e~
BEAN - GEORGE W. MANITOWOC WI
BEASANf WALTER MANITOWOC~ M~namv wrn
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5 CIMSTM has the abili to
• ) ry populate drop downs unth user-specified information and create
' custom data fields to track information unique to the cemetery.
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7) Direct updating capabilities for all database tables and graphical features. As the database is
updated, maps are updated, so your maps always contain the latest ownership, interment, and
marker information.
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6) CIMSTM gives you the ability to view Space Status on cemetery maps. This
information can also be generated in report form.
8) CIMSTM allows users to link scanned images to every grave space, burial, marker, deed, and
customer. This image can be viewed and printed directly from the software.
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' - SeWar ~ radspaces:3BS~
A_A_[_I Told bvids: 761
A A 110 Block: ~ rad markers: 1369
A A_I_I l la; ~ rad deeQs: 1
a a ~ 1z - ~; ~ ~ gtt~
saaoa Type: ] ~ Dose '.
StaWS: ~~
Owner: odams, Abxl Lio
Co'Owrbr: Beutd, Kathy Lfo
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Sales Cpnsabr: Btwhary, Robert info _-..
Cmt pa Space: f~so.ao
0.emarks: "'~ - - ~
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t SCOPE OF SERVICE
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' Ramaker & Associates, Inc. (Ramaker & Associates) will create digital maps in conformance with industry
standard format for Oak Hill Cemetery based on the CAD files provided. The cemetery must be mapped to
the grave level with section, blocks, lots and graves residing on distinct layers. The grave layer will serve as the
foundation with which to relate all ownership, interment and marker information. A cemetery official will be
expected to assist in the development of accurate maps and data and will be responsible for burial entry.
Ramaker & Associates will convert your CAD files from the cemetery to the ESRI GIS format required by
CIMSTM. This requires us to take the vector-based CAD file and develop a "smart map" linked to a database.
After the "smart map" is completed, it will be sent to the cemetery for review. Once this is deemed acceptable
by the cemetery staff, Ramaker & Associates will provide a relational database structure for the cemetery to
input data and relate it to the new digital maps. At that point, the CIMSTM shell is complete and ready for mass
data input. An installation CD will be prepared and provided to the cemetery to can begin storing and
maintaining your cemetery data with CIMSTM
As an option, Ramaker & Associates can scan your existing cards and migration them into the CIMSTM
database and maps, providing a turnkey solution. We will work with our partner, MTM Imaging
(www.mtmimage.com) to manage the scanning and data entry of all paper documents. Our proposal assumes
there are 4,647 cards, with an average of 250 characters (keystrokes) per card. The total fee for scanning these
cards, entering all the information into a database, and migrating this data to the CIMSTM Database and maps
is: $9275.
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As another option, Ramaker and Associates can provide the QuickBooks Communication Module. This allows
CIMSTM to communicate with QuickBooks Accounting Software eliminating the significant amount of double
entry that can occur when separate data management and accounting programs are used. When a user sells a
grave space in CIMSTM, they can press a button that automatically transfers all the information about the sale to
an invoice within QuickBooks. This includes both the customer data including name, address, and phone
number as well as information about the sale including which spaces were purchased, and the amount that was
paid for them. From this point, the user can add additional items to the invoice, and then print a copy to give
to the customer.
PROJECT SCHEDULE
A preliminary project timeline is outlined below. The start date is contingent upon Ramaker & Associates
being provided the maps and information to begin mapping by that date. The completion date will remain
fixed only if all tasks outside the control of Ramaker & Associates, Inc. are met by the identified timeline. If
tasks are not completed before or at these times, the completion date may need to be modified.
RECEIVE DATA FROM CEMETERY OFFICIAL & BEGIN BASEMAPPING
PHASE I: SECTIONAL BASE MAP DELIVERY - (Sectian~ - Latr)
Send to cemetery officials for verification
RECEIVE MAPS AND ALTERATIONS FROM CEMETERY OFFICIALS
PHASE II: GRAVE LEVEL MAP DELIVERY - (Grave)
Send to cemetery officials for verification
RECENE MAPS AND ALTERATIONS FROM CEMETERY OFFICIALS
FINAL BASEMAP COMPLETION
Send to cemetery- officials for final verification
RAMAKER RECENES OFFICIAL CONFIRMATION OF
ACCURACY OF MAP LAYOUT
SYSTEM DELIVERY
Week 1
Week 3
Week 6
Week 8
Week 10
Week 12
Week 14
Week 16
NOTE: In order to comply with this aggressive schedule, all Ramaker & Associates' questions and requests to
the cemetery staff must be addressed within three (3) business days. If questions are not addressed in this time
period, the schedule may need to be adjusted.
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PROJECT COST
The following includes the cost for the scope of work detailed in this contract and is based on the information
' • provided to us. These prices are good for thirty days from the date of this contract. The project cost will not
be exceeded without prior authorization from the designated Oak Hill Cemetery Official. The initial invoice
will be for the software costs. Mapping, data migration, and other fees will be billed on a monthly basis as
~ work is completed.
' The costs do not include the following items which may be needed:
1. Computer workstation, printer and scanner
' 2. Windows Operating System (~Y~indows 98, NT, 2000, Me, XP)
3. Backup Device and Media (Zip Drive or CD Burner)
' OPTION A -CIMSTM 3.0 Implementation (Without QuickBooks Integration)
One CIMS~'M 3.0 license $2,995
' Mapping 1 cemetery with 16 total developed acres at $150 /acre $2,400
One Year System Support (15% of software license fees) $449.25
For Techrucal Support and Free Upgrades
' TOTAL OPTION A $5,844.25
Please check the bos if
Additional Options you would like to proceed
with the option
• On-site Installation and Training $1250/day ^ P'lUS Travel c°5ts>
'Phis typically requires 2 days unless the traeel time is minimal
Scanning all cemetery cards and migrating all data $9275 ^
'
to CIMSTM Database
' Incorporating Aerial Photo Layer
$400/cemetery Ramakcr will acquire a photo
^ from your 1°c~ povemment
Customize CIMSTM Deed to match the language $200
and look of the Oak Hill Cemetery Deed
Additional Map Layers (e.g., sprinklers, utilities) $200/each ^
' Additional CIMSTM Software Licenses [ ~ ] $995/each
How btany
' eCIMS Internet Mapping Module - $1000 Set Up Fee ^
A website hosted by Ramaker & Associates then $150/month
that will allow your customers to look up
'
information about their loved ones on our website
On L,,~c ~ Rc~~~n;r~`~ ~ ~5G ~'
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1
' Desigrxd to work with
OPTION B -CIMS 3.0 with QuickBooks Communication** ~K*~S. B
One CIMS 3.0 with QuickBooks Communication License $3,500
Mapping one cemetery with 16 total developed acres at $150/acre $2,400
On-site Installation and Training (required) $1250/day (Vlus Tra~e~ co,t,~
This typically requires 2 days unless the travel time is minimal
One Year System Support (15% of software license fees) $525
For Technical Support and Free Upgrades
TOTAL OPTION B $7,675.00
(**This option requires QuickBooks Pro 2003 software - or a newer version. Cost is approximately $270-$300. Can be
purchased at your local office supply store or through Ramaker & Associates if desired)
~ Please check the bos if
Additional Options you would like to proceed
with the option
'
Scanning all cemetery cards and migrating all data $9275 ^
to CIMSTM Database
' Inco oratin Aerial Photo La er
rp g y 400 cemete
$ / ry Ramaker wdl aeyutre a photo
^ from your local government
' additional Map Layers (e.g., sprinklers, utilities) $200/each ^
. Customize CIMSTM Deed to match the language $200 ^
' and look of the Oak Hill Cemetery Deed
additional CIMSTM +QuickBooks [ ] $1245/each ^
' Communication License Flow Many
eCIMS Internet Mapping Module - $1000 Set Up Fee ^
a website hosted by Ramaker & Associates then $150/month
'
that will allow your customers to look up
information about their loved ones on our website
10
TERMS AND CONDITIONS
U
PLEASE SEE ATTACHED TERMS AND CONDITIONS
AUTNORILITION
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.
Oak emetery Official Date
t ~~,,,~ ~ 11 /4/05
Brandon Finley, MSTM Project Manager Date
Please
' Check One
• ~ PROCEED WITH OPTION A
' ^ PROCEED WITH OPTION B
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RAMAKER 8 ASSOCIATES, INC.
GENERAL TERMS AND CONDITIONS OF AGREEMENT FOR CIMS'" PROTECTS
' ` 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 Serrices
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.
SECTION 2: Change Orders
Consultant will treat as a Change Order any written or oral communication from Client that requests
changes in the Scope of Services. Consultant will give written notice within ten (10) days of the change order
of any resulting increase in fees or costs. No work will be performed on these changes to the Scope of
Services until receipt of written authorization from client.
SECTION 3: Fees, Billing $ Payment
' 3.1 Client shall pay to Consultant on atime-and-materials basis (or as indicated in attached
contract), compensation for services based upon the amounts set forth in Consultant's current Fee Schedule.
• Ramaker & Associates, Inc. fee schedules are revised on a calendar year basis and will become a part of this
' contract. The total compensation received by Consultant shall not exceed the Project Cost in the Proposal
unless amended pursuant to Section 2.
3.2 Invoices will be submitted by Consultant in accordance with the payment schedule provided
' within this proposal and shall be due and payable within fifteen (15) calendar days of the invoice date. Client
shall pay an additional charge of one and one-half (1.5) percent (or the maximum percentage allowed by law,
whichever is lower) of the invoiced amount per month for any payment received by Consultant more than
' fifteen (15) calendar days from the date of the invoice, excepting any portion of the invoiced amount in
dispute and resolved in favor of Client. Application of this late-payment percentage rate does not constitute
any intent by Consultant to finance the Client's operation.
3.3 If Client fails to pay the Consultant at the time payment of any amount comes due, then the
Consultant may, at any time thereafter, upon serving written notice that the Work will be stopped within 10
working days after receipt of the notice by the Client, and after such ten (10) day period, stop work until
payment of the amount owing has been received. If any invoice is not paid within 45 days after its date,
Consultant may suspend all Services on the project until all accounts have been paid. If any invoice is not
paid within 60 days after its date, Consultant may terminate this agreement and seek damages from Client.
All fees required for the collection of past-due invoices (including, but not limited to, lawyers, courts, filing
fees, collection agency, etc.) are the Clients responsibility.
~~
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SECTION 4: Professional Standard of Care
In conducting the services, Consultant will apply present professional, engineering and/or scientific
'• judgment, and use a level of effort consistent with current professional standards in the same or similar
locality under similar circumstances in performing the Services
SECTION 5: RisK Allocation
5.1 Client agrees to limit any and all liability, claim for damages, cost of defense, fees, or
expenses levied against or sought from Consultant, including its employees, agents, directors, officers, and
subcontractors, whether based upon negligence, errors or omissions, strict liability, breach of warranty or
contract, performance of services or otherwise, to a sum not to exceed the limits of Consultant's fee for this
project.. Notwithstanding any other provision contained herein, in no event shall Consultant be responsible
for any incidental, indirect or consequential damages (including loss of profits) alleged to be incurred by the
Client as a result of Consultant's negligence, errors or omissions, strict liability, breach of contract or
warranty, performance of any services of this Agreement or otherwise.
5.2 Client agrees to hold harmless, indemnify and defend (with counsel selected by Consultant)
Consultant and Consultant's subcontractor(s) from and against any and all claims, losses, demands, damages,
fees, charges, liability and costs, including but not limited to costs of defense, arising out of or in any way
connected with (1) the presence, discharge, release, or escape of hazardous substances, materials or
contaminants of any kind, and (2) the acts, omissions or work of Client or third parties, except for such
liability as may arise out of Consultant's own negligence or willful misconduct in the performance of Services
hereunder.
SECTION 6: Timeliness of Performance
~ The Consultant acknowledges the importance to the Client of the Client's project schedule and
• agrees to put forth reasonable efforts in performing the services with due diligence under this Agreement in a
' manner consistent with that schedule, as provided in the Proposal hereto. The Client understands, however,
that the Consultant's performance must be governed by sound professional practices.
~ SECTION 7: Suspension
7.1 Upon fourteen (14) calendar days' written notice to Consultant, Client may suspend
Consultant's work for any reason.
7.2 Consultant may suspend services under the following conditions:
(a) If payment of Consultant's invoices is not maintained in accordance with Section 3.
(b) In the event that Consultant has knowledge of any actual or potential delay under
Section 12, Consultant shall notify Client in writing of such causes of delay and their probable extent and,
upon such notification, Consultant's performance obligations hereunder shall be suspended.
7.3 Any suspension of work shall extend the time schedule for performance in a manner that is
satisfactory to both Client and Consultant, and Consultant shall be compensated for services performed and
charges incurred prior to the suspension date, regardless of the reason for the suspension.
7.4 Suspension of services for any reason exceeding forty-five (45) calendar days shall, at
Consultant's option, make this Agreement subject to renegotiations.
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SECTION 8: Termination
8.1 Either Client or Consultant may terminate this Agreement immediately upon written notice
'• to the other for the following reasons:
(a) Client and Consultant cannot agree upon the terms and conditions of an
~ amendment to this Agreement pursuant to Sections 1 and 2.
(b) The other party becomes insolvent, files a petition in bankruptry, is adjudicated
bankrupt, has an assignee, referee, receiver or trustee appointed in any creditor action, has a petition in
bankruptcy filed against it that is not vacated within thirty (30) days, or suffers any action analogous thereto.
8.2 Consultant may terminate this Agreement for the following reasons:
(a) Suspension of services for any reason exceeding forty-five (45) calendar days.
8.3 In the event termination becomes necessary, the party effecting termination shall so notify
the other party in writing, and termination will become effective fourteen (14) calendar days after mailing of
the termination notice. Irrespective of which party shall effect termination or the cause therefore, Client shall
within thirty (30) calendar days of termination renumerate Consultant for services rendered and costs
incurred, in accordance with Consultant's fee schedule. Costs shall include those incurred up to the time of
termination.
SECTION 9: Confidentiality
Without the prior consent of Client, Consultant agrees not to disclose to any person or entity, other
' than Consultant's employees, agents, or subcontractors any data and information that are created, drafted,
obtained or used in any way in the course of providing services under this Agreement, except for data and
. information that:
(a) are contained in the public domain;
_ (b) are previously known to Consultant;
(c) are previously generated by Consultant; or
(d) Consultant is required by law to disclose.
SECTION 10: Dse and Ownership of Documents
10.1 Consultant will retain all drawings, boring logs, field data, field notes, laboratory test data,
calculations, estimates, and other similar documents ("Records"), 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 11: Independent Contractor Relationship
' The relationship between Client and Consultant created under this Agreement is that of principal and
independent contractor and is not that of employer and employee. Consultant shall have sole authority to
select the means and methods for providing services under this Agreement. Irrespective of any assignability
provisions, Consultant may retain subcontractors to perform services under this Agreement. In no event
shall Consultant be liable for any acts, errors, or omissions of any of its subcontractors.
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SECTION 12: Force Maieure
The Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable
control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages,
accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner,
' failure of the Client to furnish timely information or approve or disapprove the Consultant's services or work
products promptly, or delays caused by faulty performance by the Client or by contractors of any level.
When such delays beyond the Consultant's reasonable control occur, the Client agrees the Consultant is not
responsible for damages, nor shall the Consultant be deemed to be in default of this Agreement.
SECTION 13: 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.
SECTION 14: Dispute Resolution
14.1 In an effort to resolve any conflicts that arise during the project or following the completion
of the project, the Client and the Design Professional agree that all disputes between them arising out of or
relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree
otherwise.
' The Client and the Design Professional further agree to include similar mediation provisions in all
agreements with independent contractors and consultants retained for the projects and to require all
independent contractors and consultants also to include a similar mediation provision in all agreements with
' subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the
primary method for dispute resolution between parties to those agreements.
• SECTION 15: Assignment
' Neither Client nor Consultant h
s all assign its duties and obligations hereunder without the prior
~ written consent of the other party except as provided in Section 11.
SECTION 16: Successors and Assigns
This Agreement shall inure to the benefit of and be binding upon the successors and permitted
assigns of the parties hereto, subject to the provision of Section 15.
SECTION 17: 6o~erning Law
The Agreement shall be governed by and construed in accordance with the laws of the State of
Wisconsin.
SECTION 18: Wainer
No waiver of the terms, conditions and covenants of this Agreement shall be binding and effective
unless the same shall be in writing signed by both of the parties hereto. A waiver of any breach of the terms,
conditions and covenants of this Agreement shall be for that one time only and not for any subsequent
breach.
15
SECTION 19: Review of Drawings from Other Contractors
• If Consultant is asked to review drawings and specifications related to the project described in the
Proposal but prepared by other contractors retained by Client, then any such review shall be limited to the
following: (1) the general conformance of those drawings and specifications with the design concept of the
project, and (2) the general compliance of those drawings and specifications with information provided by the
other contractor. Such review shall in no way limit the liability of the other contractor or be deemed an
indication that Consultant has accepted or approved the drawings and specifications in any manner.
SECTION 20: Information/Data Provided by Others
If Consultant is required to use maps or data provided by the Client, then they shall be entitled to
rely upon the accuracy and completeness of this information, either because it is impossible to verify, or
because of errors or omissions which may have occurred in assembling the information the client is
providing. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold
Consultant and their sub-consultants harmless from any claim, liability or cost (including reasonable
attorneys' fees and costs of defense) or injury or loss arising or allegedly arising from errors, omissions or
inaccuracies in documents or other information provided by the Client to Consultant.
SECTION 21: Licensing
The software product is licensed, not sold. You may install and use only the number of licenses
agreed to in this contract. The CIMSTM application, trademark, source code, trade secrets, copyright and all
other rights, real or implied, pertaining to CIMSTM (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 Ramaker & Associates, Inc. This does not include any data currently owned by the
Cemetery.
• SECTION 22: Warranty
CIMSTM is warranted to perform substantially 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 Ramaker & Associates. The software will be warranted for the remainder of the original warranty period
or 30 days, whichever is longer. Ramaker & Associates makes no claim of interoperability with software
programs other than the specified operating systems. The warranty is void if failure of the software has
resulted from accident, abuse or misapplication. This warranty only applies to the original seat of software
that resides at the cemetery office. Ramaker & Associates is not responsible for cemetery data entered into
the system. It is the cemetery official's responsibility to backup data on a consistent and timely basis.
SECTION 23: 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 7:00 a.m. - 4:00 p.m. CST. Please call us at
1-800-332-7532 or see our web site http://www.lcims.com for additional support options available after the
complimentary support period expires.
SECTION 24: Opgrades/Enhancements
All product upgrades/enhancements will be provided free of charge for a period of 120 days from
the date of delivery.
~•
16
SECTION 25: Third Part]I Rights
Except as specifically stated in this Agreement, this Agreement does not create any rights or benefits
to parties other than Client and Consultant. The services provided by Consultant hereunder are only for
Client. Any information furnished by Consultant in connection therewith may not be used or relied upon by
any other party, without Consultant's consent.
SECTION 26: 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.
SECTION 27: Nondiscrimination
Consultant covenants that, in providing the Services, no person, on the grounds of age, race, creed,
color, handicap, marital status, sex, natural origin, ancestry, sexual orientation, arrest record, conviction
record, membership in the national guard, state defense force or any other reserve component of the military
forces of the United States or this state or use or nonuse of lawful products off the employer's premises
during nonworking hours, shall be excluded from participation therein, denied the benefits thereof, or
otherwise be subjected to discrimination with respect thereto.
SECTION 28: Se~erabiliiy
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 29: Reporting Obligations
Client acknowledges and agrees that the information developed or identified by Consultant pursuant
to this Agreement may trigger for the Client obligations under local, state or federal ordinances, laws, rules or
regulations to report the discovery of conditions to local, state or federal regulatory or governmental
authorities. Client acknowledges that Consultant does not provide any advice or recommendations or
conclusions regarding the reportable nature of any of the findings or observations resulting from the
performance of services hereunder. The determination of the Client's reporting requirements or obligations
under law is a legal conclusion for which Consultant assumes no responsibility and about which Consultant
provides no opinion, conclusion, find or certification. Client acknowledges and agrees that Client must seek
the advice or legal counsel to determine Client's obligations should environmental releases or conditions be
identified.
SECTION 30: 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.
~~
17
IN WITNESS WHEREOF, this Agreement has been executed on behalf of Consultant as of this 4th
day of November , 2005.
RAMAKER & ASSOCIATES, INC.
By: ~ O-j
~ James R. Skowronski, P.E.
President
IN WIT SS WHEREOF. ,~1iis Agreement has been executed on behalf of Client as of this ~"G~day of
~~ , 20 ~j ~.
CLIENT
By:
Name: ~ L' fl °~ ~ U1(-1CI `~~'~
Title: l.,~t~-~ ~Q,~,~~~`
1~
1
~•
18
Page 1 of 2
Denise Knight
• From: Brandon Finley [brandon@ramaker.com]
Sent: Thursday, May 12, 2005 3:57 PM
To: Denise Knight
Subject: RE: Questions
Your IT guy can install it, and we wilt provide training online for a fee of $750
Brandon
From: Denise Knight [mailto:DKnight@clermontfl.org]
Sent: Thursday, May 12, 2005 2:17 PM
To: Brandon Finley
Subject: RE: Questions
Do you have to do the installation or can our IT person do it? If our IT person can install it, do you offer on line
training instead of on site?
Denise Knight
Deputy City Clerk
City of Clermont
352-241-7330
• __~_~ _M ~~_..______
From: Brandon Finley [mailto brandon@ramaker.com]
Sent: Thursday, May 12, 2005 2:09 PM
To: Denise Knight
Subject: RE: Questions
Yes, $3250 will include all travel expenses.
From: Denise Knight [mailto:DKnight@clermontfl.org]
Sent: Thursday, May 12, 2005 1:06 PM
To: Brandon Finley
Subject: RE: Questions
The $3250, does that include all the travel expenses as well? Just want to clarify.
Denise Knight
Deputy City Clerk
City of Clermont
352-241-7330
From: Brandon Finley [mailto:brandon@ramaker.com]
Sent: Thursday, May 12, 2005 2:01 PM
To: Denise Knight
Subject: RE: Questions
• Hi Denise,
11/30/2005
C,
•
•
RAMAKER
& ASSOCIATES, I NC.
Consulting Engineers
January 31, 2006
City of Clermont
Denise Knight
685 W. Montrose Street
Clermont, FL 34711
SUBJECT: CIMS'~ MAPPING AGREEMENT
Enclosed is the final draft of the digital ma of your cemetery. It is presumed that this draft is correct and legible. If
anything on this map is incorrect or illegible, please contact us unmedlately. Your digital map contains all the levels that
were provided to us and is mapped to the "grave" or "space" level. Please read this agreement and sign and return one
copy to Ramaker & Associates, Inc. The agreement states that the print outs of the digital maps provided to you
have been proofread and that they accurately represent your cemetery.
Raimaker & Associates has created this map based on copies of current maps and information provided to us by
your cemetery representatives. If your cemetery grows in the future, we can make alterations to your digital ma
based on our pricing rate for mapping at the tune of the addition and/or change. However, we will not be held
responsible for additions and/or changes in the cemetery structure after final approval is given. If we are liven
verbal or other written notification that thu final map is correct, it will be mutually understood that both pames will be
contractually bound by this contract, even in the absence of written acceptance.
I hereby agree that the final map provided to us is mapped to the fullest extent and accurately represents the
cemetery. I will not hold Ramaker & Associates responsible for changes in the cemetery structure that occur after
this date. Upon signing, I agree to hold Ramaker & Associates, Inc. harmless for any or all errors, discrepancies or
inconsistencies that anse and are deemed to be directly related to the map creation.
~QG~G~C 2~7te;~{,~J ~ ~'~
Rachel Bnunund-Smith Date
GIS/CAD Technician
~// - -C~
metery p sentative Date
The QMS'" application, trademark, source code, trade secrets, copyright and all other rights, real or implied, pertaining to QMSTM
or projects associated with QMSTM (including but not limited to any m~ages, photographs, animations, video, audio, music, texts and
"applets," incorporated into the software pro ttct) are and remain the sole property of Ramaker & Associates, Inc. This does not
include any data currently owned by the Cemetery.
If you have any questions or comments, please do not hesitate to contact our office.
Sincerely,
RAMAKER & ASSOQATES, ING
Rachel Brumund-Smith
GIS/CAD Technician
rachel@ ramaker.com
DKnight Mapping Sign Off 013106.doc
1120 Dallas Street, Sauk City, Wisconsin 53583 ~ Voice: 608-643-4100 Fax: 608-643-7999
Web: http://www.ramaker.com