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HomeMy WebLinkAbout11-Development Services ORIGINAL CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION From: Valerie Ross, Director Subject: Resolution authorizing the City Manager to execute purchase agreements Dept: Development Services with Accela Inc. and CDCE Inc. for the purchase of software and hardware for the Date: Jan 2, 2008 automation of development processes. M/CC Meeting Date: Jan 7,2008 Synopsis of Previous Council Action: July 16, 2007 - Budget Ad-Hoc Committee approved in concept,the purchase of software and hardware for the automation of development processes subject to a cost analysis, acceptable financing, and subsequent MCC approval. Recommended Motion: 1. Adopt Resolution. 2. Authorize the Finance Director or designee to solicit lease-purchase rate quotes and to award a lease-purchase to the lowest responsible leasing company. kie�G TW Valerie C. Ross Contact person: Iuseph I.eagQTRnilding offivial Phnne.- ext 5171 Supporting data attached: Staff Brzt/Resolution Ward: All FUNDING REQUIREMENTS: Amount: $361,773.78 Source: (Acct. No.) 679-251-5803 kAect Descri tion) Deht Service payments Finance: Council Notes: '` �Sd Agenda Item No. 11716 t CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute purchase agreements with Accela Inc. and CDCE Inc. for the purchase of software and hardware for the automation of development processes; and authorizing the Finance Director or designee to solicit lease-purchase rate quotes and to Award a lease-purchase to the lowest responsible leasing company. Background: Since 1996 the Development Services Department has implemented various technology programs with the intended purpose of improving project tracking and streamlining the Planning, Engineering, and Building review processes which encompasses the overall development approval process. In October 1996, the Department implemented the"PermitsPlus" automated permit tracking system within the Planning, Building, and Engineering Divisions. Its use was later expanded to the Code Enforcement Department in 1997 and the Fire Department in 2001. In the past ten years more than 125,000 permits and complaints have been processed through the system. In 2000 the Building Division implemented VelocityHall, a program which allows contractors to obtain simple building permits via the Internet, and enables citizens to review certain permit information online. In 2007,the Department commenced an ambitious effort to electronically archive its multitude of permanent records and plans to improve the security and accessibility of such documents. These programs have been instrumental in improving the delivery of service to customers, increasing staff productivity and effectiveness, and streamlining the permitting process. The implementation and enhancement of these programs is ongoing. The Department has identified, and is proposing herein, a number of additional technology enhancements that are cost effective and can further improve and streamline the development process. These enhancements were presented to the Budget Ad-Hoc Committee on July 16, 2007, which approved them in concept, and directed staff to investigate the costs and financing options available. As a result, the Department has developed, in conjunction with the IT Department, a cost analysis (Exhibit"C"). Each of these components are enhancements to, and are compatible with, our current"PermitsPlus"permit tracking system. These include the following: 1. Accela IVR, Interactive Voice Response System: This enhancement provides customers 24/7 direct access to the City's PermitsPlus System via touch-tone telephone. It enables customers to schedule, reschedule, and cancel inspections, check permit status, and research and retrieve inspection results by telephone at their convenience, day or night. It also has a Call Back feature to provide automated and timely feedback regarding completed inspections. The Department's staff currently fields between 200—400 calls per day,the majority of which are these types of routine calls. The implementation of an IVR telephone system to handle routine telephone requests has the potential to free up a significant amount of staff time,thus enabling the redirection of the administrative staff's time to customer service and support functions, and the redirection of the technical staff's time toward project review and processing. 2. Accela GIS Add-on Component for Permits Plus: Accela GIS provides automated maps from a central database and provides the Department's technical staff direct access to view geographic representations of all land- use, zoning, and infrastructure information associated with a parcel, permit, inspection, or plan. Ready access to GIS land-based information by Planners, Engineers, and Building Plans Examiners will help streamline the project review process by reducing research time. Instant access to such information will enable counter staff and field inspectors to provide accurate and timely response to customers inquiries. 3. Accela Wireless Add-on Component for PermitsPlus: This software module, used in conjunction with laptop computers by inspection staff, will automate the current manual inspection process. Functions to be automated include the assignment of inspections, determining optimal inspection routing to reduce driving time, data entry of inspection results, and electronic tracking of correction notices and corrective actions. It provides the field inspector the ability to upload inspection results into the PermitsPlus System in real-time via wireless modem, enabling customers to readily access current inspection results via the IVR telephone interface noted above. Implementation of the Accela Wireless module would result in a virtually paperless inspection process, eliminating the 1-2 hours per day each inspector currently spends on processing paperwork. This will enable the inspection staff to spend more time on inspections and result in increased productivity and a reduction in the number of missed inspection requests. This will lead to improved customer service and greater customer satisfaction. 4. Accela OfficeLink Add-on Component for PermitsPlus: OfficeLink allows for word processing, spreadsheet, presentation files,photographs, and other documents to be attached to a permit,project, complaint,parcel address, or contractor/architect/engineer entry in PermitsPlus. This enables multiple users to access critical project information electronically within PermitsPlus. Due to the fact that all of the software components must be compatible with PermitsPlus, and are proprietary products of Accela Inc.,the competitive bid process was not pursued. The hardware component for the Wireless Inspection System consists of 21 Panasonic Toughbook Laptop Computers, 21 Pentax Printers, and vehicle mounting hardware. These computers would be utilized by the Department's Public Works Inspectors, Building Inspectors, and NPDES Inspectors. Additionally, two computers would be allocated for the Landscape Maintenance District Inspectors assigned to the Parks, Recreation& Community Services Department. A Request for Quotes was developed for the hardware component of the Wireless Inspection System. RFQ No. F-08-03 was issued on September 28, 2007, by the Finance Department to solicit quotes for the purchase of the required hardware. The RFQ was advertised in the San Bernardino Sun Newspaper and the following vendors were notified: Vendor Name Location Accent Computer Systems Rancho Cucamonga, CA Allied Network Solutions Roseville, CA Bridge Micro San Francisco, CA Burtronics Business Systems San Bernardino, CA CDCE Yorba Linda, CA CDW Government Vernon Hills, IL Comade Irvine, CA Corporate Computer Solutions San Francisco, CA Delta Wireless and Network Solutions Sacramento, CA E-Plus Technology Sunnyvale, CA Empire Office Machines San Bernardino, CA Imagine Systems San Bernardino, CA Jeskell Inc. Sunnyvale, CA Marketware Technologies Sacramento, CA Oakland Computers Oakland, CA PCMa11Gov Torrance, CA Portable Computer Systems Golden, CO Portable One, Inc. San Jose, CA Raymar Information Technology Sacramento, CA Seven Sellers Oxnard, CA The following four vendors responded to the RFQ: Vendor Name Location Total Bid Amount CDCE Yorba Linda, CA $119,632 Comade Irvine, CA $188,592 Jeskell Inc. Sunnyvale, CA No Bid PCMallGov Torrance, CA No Bid CDCE was selected as the vendor with the lowest responsible bid. Financial Impact: The total project cost is $361,773.78. This total cost includes a purchase order amount of $232,922.28 for the Accela software components and installation services,a purchase order amount of$119,631.60 for the laptop computers, related hardware and installation services provided by CDCE Inc., and $9,219.90 for miscellaneous hardware (i.e. servers, wireless cards, etc.)which will be procured by the Information Technology Department. A cost breakdown of the required hardware and software components for these proposed technology enhancements is provided in Exhibit"C". The current fiscal year IT budget includes an estimated debt service payment of$42,000 for this project. Semi-annual debt service payments are estimated to be, over a five-year term, $39,000. Only one payment will be due in FY 2007-08. Recommendation: 1. Adopt Resolution. 2. Authorize the Finance Director or designee to solicit lease-purchase rate quotes and award a lease-purchase to the lowest responsible leasing company. Attachments: Resolution Exhibit"A": Consultant Services Agreement—Accela Inc. Exhibit"A-1": Accela GIS Pricing Estimate Exhibit"A-2": Accela IVR Pricing Estimate Exhibit"A-3": Accela Wireless Pricing Estimate Exhibit"A-4": Accela OfficeLink Pricing Estimate Exhibit"B": Consultant Services Agreement—CDCE Inc. Exhibit`B-1": CDCE Price Quote Exhibit"C": Cost Analysis -Accela Upgrade Project lUUif-! Exhibit"C" Cost Analysis -Accela Upgrade Project Software Acquisition and Maintenance Accela GIS Software Unit Unft Cost Item Subtotal Total Notes Accela GIS Server Software 1 $9,995.00 $9,995.00 Includes 5 users. Five Additional Users 5 $2,995.00 $14,975.00 For a total of 30 users. Software/License Subtotal $24,970.00 Sales Tax on License ,997.60 at 8% Annual Maintenance $1$1 994 Sales Tax on Maintenance(1/2 of 8%) $194.76 Installation Services $14,800.00 ESRI IMS Server 1 $20,000.00 $20,000.00 $20,000.00 GIS Optional Item Optimized Routing Software 1 $9,995.00 $9,995.00 $9,995.00 Annual maintenance for option $1,999.00 Training Estimate-Based upon training time,travel time,meals,lodging,etc. On-site training 3 Days 5 000.00 Accela GIS Total $83,955.36 Accela IVR Unit Unit Cost Item Subtotal Total Notes Accela IVR Software Annual Licensing 1 $9,995.00 $9,995.00 Speech Recognition Option(2 port minimum) 2 $2,495.00 $4,990.00 Minimal option-does not include advance speech recognition Software/License Subtotal $14,985.00 features Sales Tax on License(8.00%) $1,198.80 Annual Maintenance and Managed Services Fees $3,197.00 Sales Tax on Maintenance(112 of 8%) $127 88 Installation Services $1480000 Training On-site training 3 Days $5 000 00 Estimate-Based upon training time,travel time,meals,lodging,etc. Accela IVR Total $39,308.68 Accela Wireless Unit Unit cost Item Subtotal Total Notes Accela Wireless Server Software 1 $34,995.00 $34,995.00 One Additional User Block(5 users) Includes 5 users- One $9,995.00 $29,985.00 Total of 20 users purchased(19 planned). Software/License Subtotal $64,980.00 Sales Tax on License(8.00%) $5,198.40 Annual Maintenance(20°,6) $12 99600 Sales Tax on Maintenance(1/2 of 8%) $ 19 84 Implementation Services $14,600.00 Training On-site trainin 3 Da s ------- Estimate-Based upon training time,travel time,meals,lodging,etc. Accela Wireless Total $103,494.24 PERMITS OfficeLink Unit Unit Cost Item Subtotal Total Notes PERMITS'Officel-ink(for 58 Conc.Licenses) 1 $4,600.00 $4.600.00 Sales Tax on License(8.00%) $4.600.00 Includes 5 users. Annual Maintenance(20%) $368.00 Sales Tax on Maintenance(1/2 of 8%) $1.150.00 PERMITS Officel-ink Total $46 00 $6,164.00 Software Total $232,922.28 2UU8-1 Exhibit"C" Hardware-Accela Upgrade Project Server Hardware Unit Unit Cost Total Notes Dell PowerEdge 860 Server(IVR,GIS,Wireless) 2 $3,572.35 $7,144.70 Cost includes Sales Tax and Shipping(See attached e-quote). Laptops and Accessories 21 Panasonic CF-19 Laptop Computers 1 $119,631.60 $119,631.60 Cost includes computers,printers,mounting kits,installation services,and configuration services as provided in quote by the low bidder,CDCE,Inc. Cost includes tax. Wireless Networking Cellular Wireless Card(Discounted) 19 $34.99 $664.81 Highest cost option assumed. Vendor and card i Sales Tax(based on full price) $410.39 $410.39 by IT at a later time. Coverage,rather than s peetdd,,may be evaluated be the deciding VoIP Gateway factor in determining which card to purchase. 1 $1,000.00 $1,000.00 Used for Accela IVR-Voice over IP Gateway Device as recommended by Accela. Hardware Total $128,851.50 2008-1 Exhibit"C" Summary-Accela Upgrade Project Total Implementation Costs(Software,Hardware,Services,etc) $361,M.78 Total project annual costs(after 1st year) $51,944.28 2008-1 Exhibit"C" Annual Costs-Accela Upgrade Project Unit Cost Notes Software and Licensing Accela GIS Annual Maintenance $4,994.00 Sales Tax on Maintenance(50%) $199.76 Accela IVR Software Annual Licensing $14,985.00 Sales Tax on License(8.00%) $1,198.80 Accela IVR Annual Maintenance and Managed Service Fees $3,197.00 Sales Tax on Maintenance(112 of 8%) $12T88 Accela Wireless $12,996.00 Sales Tax on Maintenance(1/2 of 8%) $519.84 Accela Officel-ink $1,150.00 Sales Tax on Maintenance(1/2 of 8%) $46.00 Software Annual Maintenance Total $39,414.28 Wireless Wireless Services 19 $12,540.00 Costs assumes 19 wireless laptops,usin g figure of$55.00 per month per device. Total projected annual costs $51,954.28 COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AGREEMENTS WITH ACCELA INC. AND CDCE INC. FOR THE 4 PURCHASE OF SOFTWARE AND HARDWARE FOR THE AUTOMATION OF DEVELOPMENT PROCESSES; AND AUTHORIZING THE FINANCE DIRECTOR 5 OR DESIGNEE TO SOLICIT LEASE-PURCHASE RATE QUOTES AND TO AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING COMPANY. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 9 execute on behalf of the City an Agreement between the City of San Bernardino and Accela 10 11 Inc., a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as fully as though set forth at length. 13 SECTION 2. The purchase to Accela Inc. is exempt from the formal contract 14 procedures of Section 3.04.070 of the Municipal Code,'pursuant to Section 3.04.010 B.3 of said 15 Code"Purchases approved by the Mayor and Common Council". 16 SECTION 3. The Finance Director or her designee is hereby authorized to issue a 17 purchase order to Accela Inc., in the amount of $232,922.28 for the purchase of specified 16 19 PermitsPlus Add-on Software Components and installation services. The Purchase Order shall 20 reference this Resolution and shall read, "Purchase of PermitsPlus Add-on Software 21 Components and installation services not to exceed $232,922.28" and shall incorporate the 22 terms and conditions of the Agreement. 23 SECTION 4. The City Manager of the City of San Bernardino is hereby authorized to 24 execute on behalf of the City an Agreement between the City of San Bernardino and CDCE 25 Inc., a copy of which is attached hereto, marked Exhibit `B" and incorporated herein by 0 26 27 reference as fully as though set forth at length. •. I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 2 PURCHASE AGREEMENTS WITH ACCELA INC. AND CDCE INC. FOR THE 3 PURCHASE OF SOFTWARE AND HARDWARE FOR THE AUTOMATION OF DEVELOPMENT PROCESSES; AND AUTHORIZING THE FINANCE DIRECTOR 4 OR DESIGNEE TO SOLICIT LEASE-PURCHASE RATE QUOTES AND TO AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING COMPANY. 5 SECTION 5. The Finance Director or her designee is hereby authorized to issue a 6 7 purchase order to CDCE Inc., in the amount of$119,631.60, for the purchase of 21 Panasonic 8 Toughbook Computers, Model CF-19, 21 Pentax Pocket et 3 Plus Printers, mounting hardware, 9 and installation services. The Purchase Order shall reference this Resolution and shall read, 10 "Purchase of 21 Panasonic Toughbook Computers, Model CF-19, 21 Pentax Pocket et 3 Plus 11 printers, mounting hardware, and installation services for the implementation of wireless 12 inspection services not to exceed $119,631.60" and shall incorporate the terms and conditions 13 of the Agreement. 14 15 SECTION 6. The Finance Director or her designee is hereby authorized to solicit as 16 needed, lease-purchase rate quotes 'and to award a lease-purchase to the lowest responsible 17 leasing company. 18 SECTION 7. The authorization to execute the above referenced Purchase Orders and 19 agreements are rescinded if not issued within sixty(60)days of the passage of this resolution. 20 21 22 23 24 25 26 27 28 MAW 1 RESOLUTION OF THE MAYOR.AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO 2 EXECUTE PURCHASE AGREEMENTS WITH ACCELA INC. AND CDCE INC. FOR 3 THE PURCHASE OF SOFTWARE AND HARDWARE FOR THE AUTOMATION OF DEVELOPMENT PROCESSES; AND AUTHORIZING THE FINANCE DIRECTOR 4 OR DESIGNEE TO SOLICIT LEASE-PURCHASE RATE QUOTES AND TO AWARD A LEASE-PURCHASE TO THE LOWEST RESPONSIBLE LEASING COMPANY. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 7 and Common Council of the City of San Bernardino at a meeting thereof, held 8 on the day of ,2008, by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 14 DERRY 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of , 2008. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to Form: 25 '.)4 26 James F. nman, City Attorney 27 28 Exhibit"A" CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2008 ("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city("CITY"), and ACCELA INCORPORATED a California corporation ("CONSULTANT"). WITNESSETH : A. WHEREAS, CITY proposes to have CONSULTANT perform the services described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY and CONSULTANT desire to contract for the purchase and installation of the software add-on components identified in Exhibits "A-1", "A-29 , "A-3", and "A-4" for Accela's PermitsPlus Software System currently utilized by the City's Development Services Department; and D. WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT I.I. Scope of Services. For the remuneration stipulated, CONSULTANT shall provide the software and professional services described in the Estimates attached hereto as Exhibits "A-1", "A-2", "A-3", and"A-4" and incorporated herein by this reference. If a conflict arises between the Estimates and this Consultant Services Agreement (hereinafter "Agreement"), the terms of this Agreement shall govern. 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULTANT further 1 Exhibit"A" represents that no CITY employee will provide any services under this Agreement. 1.3. Warranty. CONSULTANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify, and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULTANT's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT's sole cost and expense. 1.7. Conflicts of Interest. During the term of the Agreement, CONSULTANT shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 1.8. CITY Business Certificate. CONSULTANT shall obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of CONSULTANT to practice its profession, skill or business. 2 Exhibit"A" 2.0. COMPENSATION AND BILLING 2.1. Compensation. Except as provided herein, CONSULTANT shall be paid compensation as required in Exhibits`B", "C","D"and"E". 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. CONSULTANT may submit invoices to CITY for approval. Said invoices shall be based on the total of all of CONSULTANT's services and realized benefits which have been completed to CITY's sole satisfaction. Upon its approval, CITY shall pay CONSULTANT's invoices as set forth in Exhibits "A-1", 66A- 2", "A-3", and "A4". The invoices shall describe in detail the services performed and any realized benefits. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY for inspection and/or audit at mutually convenient times for a period of three (3)years from the Effective Date. 3.0. TERM AND NOTIFICATION. 3.1. Term This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibits "A-1", 46A-291, 46A-35 , and"A-4" unless the Agreement is previously terminated as provided for herein. 3.2. Termination. CITY or CONSULTANT may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of termination, CONSULTANT shall be paid the reasonable value of services rendered to the date of termination. 3.3 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in its performance of this Agreement including, but not limited to, finished or unfinished work, shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. 3 Exhibit"A" 4.0. INSURANCE 4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and maintain during the term of this Agreement all of the following insurance coverages: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions: I (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provisions contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payments of damages to persons or property. 4 Exhibit"A" 5.0. GENERAL PROVISIONS 5.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Maury Blackman, President/CEO Valerie C. Ross Accela, Inc. Director of Development Services 2633 Camino Ramon, Suite 120 300 North"D" Street Bishop Ranch 3 San Bernardino, CA 92418 San Ramon, CA 94583 Fax: 909-384-5080 Fax: (925) 659-3201 Tel: 909-384-5357 Tel: (925) 659-3200 Toll Free: (888) 722-2352 5.3. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement,the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office on behalf of the CITY shall be considered as"attorneys' fees"for the purposes of this Agreement. 5.4. Governing aw. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assignment. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, 1 5 Exhibit"A" subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify, and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULTANT's performance under this Agreement, except when caused solely by the CITY's negligence. 5.7. IndeWndent Contractor. CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither CONSULTANT nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation, insurance, medical insurance,life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT and its officers', agents' and employees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 5.8 Conflict of Interest Disclosure: CONSULTANT or its employee may be subject to the provisions of the California Political Reform Act of 1974 (the"Act"), which(1)requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and(2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 6 Exhibit"A" 5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 5.10. Prohibited Employment. CONSULTANT shall not employ any current employee of CITY to perform the work under this Agreement while this Agreement is in effect. 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.12. No Third Party Beneficiga Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5.13. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver. 5.16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 7 Exhibit"A" 5.17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 5.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so,the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, CONSULTANT A Municipal Corporation, ACCELA,INCORPORATED Fred Wilson, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney By 8 i Exhibit A-1 �CCELiZOO Government Software DATE: January 31, 2005 ESTIMATE#11056a(rev-3) REVISION 1: May 9, 2006 REVISION 2: May 10, 2007 REVISION 3: November 30, 2007 TO: Joe Lease City of San Bernardino, CA FROM: Angela Fish, Regional Account Executive RE: Accela GIS' (Agency Hosted) In response to your request, following is a cost estimate to add Accela GIS to your `PERMITS' Plus system. This estimate is based on 10 named users. Additional licenses can be purchased in blocks of 5. Please note that an on-site trip will be necessary. The travel time and expenses for this trip have not been included in the total below. Actual travel time and expenses will be billed as incurred. Travel time will be billed at a rate of$140.00 per hour. - Accela GIS Server Software $ 9,995.00' (Includes one (1) 5-user pack—named users) - Five Additional Users $ 2,995.00 (Additional users may be purchased in blocks of 5) ($2,995.00 for each block of 5) - Sales Tax on License (8.00%) $ 1,039.20 - Annual Maintenance $ 2,598.002 (Includes user support, troubleshooting, and upgrades) - Sales Tax on 50% of Maintenance (8.00%) $ 103.92 - Installation Services for Accela GIS $14,800.003 (Includes: Project Management, Training, Business Requirements Analysis, and System Set-Up and Configuration. Subject to confirmation by Accela services.) TOTAL $31,5311_12a OPTIONAL: -Optimized Routing Software $ 9,995.00 (Includes 1 site license. Annual maintenance an additional 20%.) Exhibit A-1 �CCE6 Government Software NOTES: - ' If an agency has an existing license of ArcIMS, that license may be used provided the version of ArcIMS is supported by Accela GIS. If an agency does not have ArcIMS, they will need to obtain a copy from ESRI. Instructions for purchasing ArcIMS from ESRI at a special rate are available from the Regional Account Manager. This is a fully functioning version of ArcIMS intended for exclusive use with Accela products. The cost is $0 plus the cost of the first year of maintenance, currently $2,000. The agency will be responsible any subsequent maintenance fees for ArcIMS. - 2 This is in addition to the Agency's annual maintenance for the current fiscal year. The additional maintenance may be pro-rated dependent upon when the Agency acquires the additional licenses. - 3 Payment Terms: 100% of total server software, additional licenses, and maintenance costs outlined above are due upon receipt of purchase order. 50% of total installation services are also due upon receipt of purchase order or contract. Remaining 50% of total installation services are due upon completion of services. Travel time and expenses will be billed as incurred. Travel time will be billed at a rate of$140.00 per hour. All billing terms are Net 30. - If the Agency requires additional on-site assistance, a separate estimate will be provided. -These costs do not include hardware or equipment. Please contact your selected hardware vendor for additional hardware or software costs. - The client/agency is responsible for any applicable sales tax. - Agency acknowledges and agrees that Accela shall have the right to use third parties to fulfill its obligations. - The pricing set forth herein reflects information generally known to Accela, supplied to Accela by client, and based on Accela's interpretation of the work to be performed. Further information gathered through detailed investigation and configuration analysis by Accela is required before a final Statement of Work and pricing can be mutually agreed upon. Prior to Contract execution, Accela may request a mutually agreed upon evaluation of the Client's business practices and operations in preparation of the final Statement of Work. - These costs are valid for 90 days. After the 90-day period, all prices are subject to change. - Alternate Terms Disclaimed: The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued by Customer. Exhibit A-1 �CCELA�? Government Software To procure the above-mentioned products / services, submit a valid purchase order, contract, or signed estimate with the following: • Signature of authorized personnel (if there is a signature line on the purchase order) • Estimate Number • Date • Any Terms and Conditions of Purchase Order In order to expedite the process, submit authorization via fax to (925) 407-2722 or by email to contractsadmin(a')-accela.com. Please note that if faxing a purchase order, please fax both front and back and send the original purchase order in the mail. If you have any questions, please feel free to contact me at (559) 627-1959x127 or afish(a-accela.com. Thank you. �CCEL/� Exhibit A-2 Government Software DATE: December 13, 2007 ESTIMATE#2007-12-13-224a TO: Joe Lease City of San Bernardino, CA FROM: Angela Fish, Regional Account Executive RE: Accela IVRTM (Accela Hosted) In response to our conversation, following is a cost estimate to add Accela IVR to your 'PERMITS' Plus system. This is based on Accela-Hosted only. Please note that an on-site trip will be necessary. The travel time and expenses for this-trip have not been included in the total below. Actual travel time and expenses will be billed as incurred. Travel time will be billed at a rate of$140.00 per hour. ACCELA-HOSTED FOR AGENCY-HOSTED ACCELA PERMIT SYSTEMS (For `PERMITS' Plus, Tidemark Advantage and Kiva DMS clients) This estimate is based on Tier 0 with the minimum 2 ports. All prices are on an annual subscription basis. License: - Accela IVR Software Annual Licensing $ 9,995.00 (includes software and vocalizer) - Additional User Blocks (in blocks of 5 end-user licenses) $ N/A ($9,995.00 for each block of 5) - Speech Recognition Options (cost per port) (2 port minimum) $ 4,990.00 Tier 0—Single digits $2,495.00 Tier 1 —Single digits and yes/no $2,995.00 Tier 2—Single word per utterance <40 words $3,495.00 Tier 3—Single word per utterance >40 words $3,995.00 Tier 4—Multiple words per utterance $4,495.00 - Sales Tax on License (8.00%) 1,198.80 Subtotal of License Fee $16,183.80 mom Exhibit A-2 ,&CCEL/ Government Software Annual Maintenance and Mananed Service Fees: - Annual Maintenance and Support $ 2,997.00 - Annual Managed Service Fees (Based on 2 Ports) $ 200.00 - Sales Tax on 50% of Maintenance and Annual Managed Service Fees (8.00%) 127.88 Subtotal of Annual Maintenance& Managed Service Fees $ 3,324.88 Installation Services: - Installation Services $14,800.00 (Includes: Project Management, Training, Business Requirements Analysis, and System Set-Up and Configuration — subject to confirmation by Accela Services) Subtotal of Implementation Services $14,800.00 Optional: - Fax Back Services (OPTIONAL) $ N/A Fax Back Service can be provided at the cost of.15/page through a service provider such as Interfax. GRAND TOTAL $34,308.68'- NOTES: 'Payment Terms: 100% of total server software, additional licenses, maintenance and annual managed service fees outlined above are due upon receipt of purchase order. 50% of total installation services are also due upon receipt of purchase order or contract. Remaining 50% is due upon installation of Accela IVR. Travel time and expenses will be billed as incurred. Travel time will be billed at a rate of$140.00 per hour. All billing terms are Net 30. - Please note that the above costs do not include hardware. For Supported hardware and software/operating system platforms, please refer to the Accela IVR fact sheet. - The above estimate is based on a 1-year contract. If the Agency decides not to renew the agreement after 1 year, the Agency will be responsible for removing the application from the server. - Phone lines are a separate cost and are available through your local phone service company. Agency shall provide phone lines necessary for the Accela IVR implementation. Agency shall also provide an internet connection with a QoS of 64kbps. - If Accela Hosted, hardware interfaces are available at a per port cost. - The client/agency is responsible for any applicable sales tax. - There is an extra charge for each language. Exhibit A-2 �CCE6�.. Government Software - The above proposal is based on the Agency using Analog VoIP gateway Unit. - Agency acknowledges and agrees that Accela shall have the right to use third parties to fulfill its obligations. - The pricing set forth herein reflects information generally known to Accela, supplied to Accela by client, and based on Accela's interpretation of the work to be performed. Further information gathered through detailed investigation and business configuration by Accela is required before a final Statement of Work and pricing can be mutually agreed upon. Prior to Contract execution, Accela may request a mutually agreed upon evaluation of the Client's business practices and operations in preparation of the final Statement of Work. - These costs are valid for 90 days. After the 90-day period, all prices are subject to change. - Attemate Terms Disclaimed: The parties expressly disclaim any altemate terms and conditions accompanying drafts and/or purchase orders issued by Customer. To procure the above-mentioned products / services, submit a valid purchase order, contract, or signed estimate with the following: • Signature of authorized personnel (if there is a signature line on the purchase order) • Estimate Number • Date • Any Terms and Conditions of Purchase Order In order to expedite the process, submit authorization via fax to (925) 407-2722 or by email to contra ctsadmin(a-accela.com. Please note that if faxing a purchase order, please fax both front and back and send the original purchase order in the mail. If you have any questions, please feel free to contact me at (559) 627-1959x127 or afish(cD-accela.com. Thank you. Exhibit A-3 �CCEL/V Government Software DATE: May 9, 2006 ESTIMATE #11990a(rev-2) REVISION 1: May 10, 2007 REVISION 2: November 30, 2007 TO: Joe Lease City of San Bernardino, CA FROM: Angela Fish, Regional Account Executive RE: Accela WirelessTM In response to our conversation, following is a cost estimate to add Accela Wireless to your `PERMITS' Plus system. Please note that an on-site trip will be necessary. The travel time and expenses for this trip have not been included in the total below. Actual travel time and expenses will be billed as incurred. Travel time will be billed at a rate of$140.00 per hour. Agency-Hosted (ALL PERMIT SYSTEM PRODUCTS) Please refer to Accela Wireless Fact Sheet for details. This proposal is based on 10 named users. - Accela Wireless Server Software $34,995.00 (Includes Application Server Software License and 5 End-User Licenses) - One Additional User Block (in blocks of 5 end-user licenses) $ 9,995.00 ($9,995.00 for each block of 5) - Sales Tax on License (8.00%) $ 3,599.20 - Annual Maintenance $ 8,998.00' - Sales Tax on 50% of Maintenance (8.00%) $ 359.92 - Implementation Services $14,800.00 (Includes: Project Management, Training, Business Requirements Analysis, and System Set-Up and Configuration. Upon execution of the contract, Accela and the Agency will work together to create a mutually agreeable Statement of Work that will precisely define the work / services to be performed by Accela. Preparation of the Statement of Work will be included in the implementation services and this Statement of Work will supersede all previous discussions and/or agreements conceming work/services.) TOTAL $72747.122 Exhibit A-3 �CCEL� Government Software NOTES: - ' This is in addition to the Agency's annual maintenance for the current fiscal year. The additional maintenance may be pro-rated dependent upon when the Agency acquires the additional licenses. - 2 Payment Terms: 100% of total server software, additional licenses, maintenance and any annual subscription and applications server costs outlined above are due upon receipt of purchase order. 50% of total installation services are also due upon receipt of purchase order or contract. Remaining 50% due upon acceptance of the System Configuration and System Install Document.. Travel time and expenses will be billed as incurred. Travel time will be billed at a rate of$140.00 per hour. All billing terms are Net 30. - For Supported hardware and software/operating system platforms, please refer to the Accela Wireless fact sheet. - Please note that the above costs do not include hardware (a Windows 2000/2003 server is required for the application server software and a Windows 2000/2003 server for the subscription server software). - Accela Wireless is based on named users. - The client/agency is responsible for any applicable sales tax. Agency acknowledges and agrees that Accela shall have the right to use third parties to fulfill its obligations. - The pricing set forth herein reflects information generally known to Accela, supplied to Accela by client, and based on Accela's interpretation of the work to be performed. Further information gathered through detailed investigation and business configuration by Accela is required before a final Statement of Work and pricing can be mutually agreed upon. Prior to Contract execution, Accela may request a mutually agreed upon evaluation of the Client's business practices and operations in preparation of the final Statement of Work. - These costs are valid for 90 days. After the 90-day period, all prices are subject to change. - Alternate Terms Disclaimed: The parties expressly disclaim any altemate terms and conditions accompanying drafts and/or purchase orders issued by Customer. To procure the above-mentioned products / services, submit a valid purchase order, contract, or signed estimate with the following: • Signature of authorized personnel (if there is a signature line on the purchase order) • Estimate Number • Date • Any Terms and Conditions of Purchase Order Exhibit A-3 ,&CCEL/ Government Software In order to expedite the process, submit authorization via fax to (925) 407-2722 or by email to contractsadmin(cDaccela.com. Please note that if faxing a purchase order, please fax both front and back and send the original purchase order in the mail. If you have any questions, please feel free to contact me at (559) 627-1959x127 or afish(aD-accela.com. Thank you. Exhibit A-4 �CCEL/ '&- Government Software DATE: August 13, 2007 ESTIMATE #2007-08-13-013(rev-1) REVISION 1: November 30, 2007 TO: Joe Lease City of San Bernardino, CA FROM: Angela Fish, Regional Account Executive RE: 'PERMITS' OfficeLinO In response to your request, following is a cost estimate to add 'PERMITS' OfficeLink to your 'PERMITS' Plus system. 'PERMITS' OfficeLink allows for word processing, spreadsheet, presentation files and other documents to be attached to an A/P/D, Parcel Address or C/A/E/D entry. Association is done by creating a disk subdirectory for each A/P/D as required and keeping the document(s) in that directory. Subdirectories are created below a directory as specified in the PERMPLUS.INI file. - 'PERMITS' OfficeLink(for 58 concurrent licenses) $ 4,600.00 - Sales Tax on License (8.0%) $ 368.00 - Annual Support for 'PERMITS' OfficeLinO (for 58 concurrent licenses) $ 1,150.00 ' - Sales Tax on 50% of Maintenance (8.0%) 46.00 TOTAL $ 6.164.002 NOTES: This is in addition to the Agency's annual maintenance for the current fiscal year. The additional maintenance may be pro-rated dependent upon when the Agency acquires the add-on module. - 2100% of total license and maintenance costs are due upon receipt of purchase order or contract. All billing terms are Net 30. - Please note that this estimate is based on the Agency's current 'PERMITS' Plus concurrent user license. If the Agency decides to increase concurrent users, the above costs may increase. - These costs do not include hardware or equipment. Please contact your selected hardware vendor for additional hardware or software costs. - The client/agency is responsible for any applicable sales tax. - Agency acknowledges and agrees that Accela shall have the right to use third parties to fulfill its obligations. 0 Exhibit A-4 �CCELX>_ Government Software - The pricing set forth herein reflects information generally known to Accela, supplied to Accela by client, and based on Accela's interpretation of the work to be performed. Further information gathered through detailed investigation and business analysis by Accela is required before a final Statement of Work and pricing can be mutually agreed upon. Prior to Contract execution, Accela may request a mutually agreed upon evaluation of the Client's business practices and operations in preparation of the final Statement of Work. - These costs are valid for 90 days. After the 90-day period, all prices are subject to change. - Alternate Terms Disclaimed: The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued by Customer. To procure the above-mentioned products 1 services, submit a valid purchase order, contract, or signed estimate with the following: • Signature of authorized personnel (if there is a signature line on the purchase order) Estimate Number • Date Any Terms and Conditions of Purchase Order In order to expedite the process, submit authorization via fax to (925) 407-2722 or by email to contractsadmin(v)accela.com. Please note that if faxing a purchase order, please fax both front and back and send the original purchase order in the mail. If you have any questions, please feel free to contact me at (559) 627-1959x127 or afish @accela.com. Thank you. Exhibit"B" CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2008 ("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city("CITY"), and CDCE INCORPORATED a California corporation ("CONSULTANT"). WITNESSETH : A. WHEREAS, CITY proposes to have CONSULTANT perform the services described herein below; and B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY and CONSULTANT desire to contract for the purchase and installation of wireless laptop computers, printers, and vehicle mounting hardware and related components in accordance with the specifications contained within RFQ F-08-03, on file in the Development Services Department, and the CONSULTANT's submitted quote dated October 18,2007, attached and incorporated herein as Exhibit`B-1"; and D. WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein,the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT I.I. Scope of Services. For the remuneration stipulated, CONSULTANT shall provide the computer hardware and professional installation services described in RFQ F-08-03 and Exhibit `B-1", both being incorporated herein by this reference. If a conflict arises between the specifications contained in RFQ F-08-03, the CONSULTANT'S proposal and this Consultant Services Agreement (hereinafter "Agreement"), the terms of this Agreement shall govern. 1.2. Professional Practices. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional (w consultants in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that it is familiar with all laws that may affect 1 Exhibit"B" its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULTANT further represents that no CITY employee will provide any services under this Agreement. 1.3. Warranty. CONSULTANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify, and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above-mentioned laws, arising from or related to CONSULTANT's performance under this Agreement. _ 1.4. Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in,nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT's sole cost and expense. 1.7. Conflicts of Interest. During the term of the Agreement, CONSULTANT shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. 1.8. CITY Business Certificate. CONSULTANT shall obtain and maintain during the term of this Agreement, a valid CITY Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of CONSULTANT to practice its profession, skill or business. 2 Exhibit"B" 2.0. COMPENSATION AND BILLING 2.1. Compensation. Except as provided herein, CONSULTANT shall be paid compensation in accordance with RFQ F-08-03 and the CONSULTANT'S proposal in an amount not to exceed$119,631.60. 2.2. Additional Services. CONSULTANT shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. CONSULTANT may submit invoices to CITY for approval. Said invoices shall be based on the total of all of CONSULTANT's services and realized benefits which have been completed to CITY's sole satisfaction. Upon its approval, CITY shall pay CONSULTANT's invoice as set forth in Exhibit `B-1". The invoice shall describe in detail the services performed and any realized benefits. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order,where applicable,on all invoices. 2.4. Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY for inspection and/or audit at mutually convenient times for a period of three(3)years from the Effective Date. 3.0. TERM AND NOTIFICATION. 3.1. Term This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit `B-1", unless the Agreement is previously terminated as provided for herein. 3.2. Termination. CITY or CONSULTANT may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of termination, CONSULTANT shall be paid the reasonable value of services rendered to the date of termination. 3.3 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in its performance of this Agreement including, but not limited to, finished or unfinished work, shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. t 3 Exhibit"B" 4.0. INSURANCE 4.1. Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and maintain during the term of this Agreement all of the following insurance coverages: (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 4.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provisions contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payments of damages to persons or property. t 4 Exhibit"B" 5.0. GENERAL PROVISIONS 5.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Carrie Solomon, President Valerie C. Ross CDCE Inc. Director of Development Services 22641 Old Canal Rd. 300 North"D" Street Yorba Linda, CA 92887 San Bernardino, CA 92418 Fax: (714)282-1501 Fax: 909-384-5080 Tel: (714)282-8881 Tel: 909-384-5357 5.3. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office related to said litigation on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 5.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County,California. t 5 Exhibit"B" 5.5. Assignment. CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 5.6. Indemnification and Hold Harmless. CONSULTANT shall protect, defend, indemnify, and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to CONSULTANT's performance under this Agreement, except when caused solely by the CITY's negligence. 5.7. Independent Contractor. CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither CONSULTANT nor its officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation, insurance, medical insurance, life insurance,paid vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT and its officers', agents' and employees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 5.8 Conflict of Interest Disclosure: CONSULTANT or its employee may be subject to the provisions of the California Political Reform Act of 1974 (the"Act"), which(1)requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and(2)prohibits such persons from making or participating in making decisions that will have a foreseeable financial affect on such interest. CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 6 Exhibit"B" 5.9. Responsibility for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by the CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY,provide all other CONSULTANT professional services necessary to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 5.10. Prohibited Employment. CONSULTANT shall not employ any current employee of CITY to perform the work under this Agreement while this Agreement is in effect. 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 5.13. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver. 5.16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 7 -A Exhibit"B" 5.17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 5.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so,the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers,as of the date first above written. CITY OF SAN BERNARDINO, CONSULTANT A Municipal Corporation, CDCE,INCORPORATED Fred Wilson, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney By �iLC li�'1i1� s mom ,111 Exhibit B-1 C CC Rugged and Reliable Wireless Connectivity October 19, 2007 RFQ F-08-03 Response 1. Presentation a) RFQ Response Submitted by: CDCE Incorporated 22641 Old Canal Rd Yorba Linda, CA 92887 Office (714) 282-8881 Fax (714)282-1501 CDCE is a Mobile Systems Integrator that designs, supplies, installs, integrates and maintains enterprise-level Wireless Mobile Computing Solutions and provides a single point of contact to service all your wireless computing needs. CDCE is the only California TP3 (Panasonic authorized) reseller that supplies, installs, and supports the Panasonic Toughbook product. b) CDCE does not outsource any of its services to sub contractors. All purchasing, installation, service, and support is provided by trained CDCE personnel. c) CDCE received the original RFP. No addendum was issued. d) This project will be managed by: Mike Contois CDCE Account Manager (714) 282-8881 x228 mcontois t cdce.com e) This bid shall remain valid for a period of 120 days. It may be extended upon the mutual agreement of CDCE and the City of San Bernardino. f) I have read the terms and instructions of RFO F-08-03 and as an authorized representative of CDCE do hereby agree to comply with all terms set forth in this RFQ. Signature Date ! l/X Name 6=4, C t c L Title r C CL Rugged and Reliable Wireless Connectivity 2. Exceptions/Deviations CDCE does not take exception to any of the technical requirements set forth in RFQ F- 08-03. CDCE's proposal meets or exceeds all technical specifications. CDCE will use vehicle specific steel mounting hardware for all components of this installation. The bases for all the vehicles will be specifically designed for use in each vehicle type. For the non standard vehicles (Neon's, Taurus, Cavalier) CDCE will fabricate a custom base using the same material as the standard mounts at CDCE. This will insure a sturdy and reliable mounting platform to secure the CF-19 and Pentax printers. The CDCE vehicle power kit will include a 3 position fuse block, ground block, adjustable shut down timer and DC power supply for both the CF-19 and Pentax printer. CDCE has installed thousands of these vehicle power kits in public safety, public works and utility vehicles across California. This power kit will be connected directly to the vehicle battery (no splicing into existing power lines) and will use proper gauge wire and fuses to prevent any vehicle fires. All exposed wires will be split loomed for protection. CACL 3. Appendices Apendix A Statement of Work (SOW) Hardware To Be Installed 1) CF-19 with additional memory installed 2) Vehicle Power Kit with shut down timer, DC power supply for CF-19 and Pentax printer 3) Vehicle specific mounting hardware per the list provided in the RFQ. Each kit will include a base, pole, arm, clevis, and CF-19 cradle 4) Pentax Printer and mount with paper roll holder Vehicles Years QQt Chevy S-10 1998 6 Chevy Cavalier 1998,2000 4 Ford Taurus 1997 1 Ford Ranger 2000, 2003,2006 4 Dodge Neon 1997 3 - Ford E100 Van 1997 1 All product used and installed by CDCE is new product and is not refurbished, substandard or factory rejects. CDCE technicians arrive onsite at the predetermined City of San Bernardino location. Each crew of two (2) CDCE technicians will be capable of completing two(2)to three(3)vehicles per day depending on the start time and availability of vehicles. Typical working hours are 8-5 but other arrangement can be made if necessary. Each vehicle will have a CDCE vehicle power kit installed. This kit will be connected directly to the positive and negative terminals of the vehicles battery and ran directly into the fuse block and ground block located inside the power kit enclosure. The powered fuse block will be connected to the shut down timer which will disconnect the vehicle battery from the fuse block to prevent the vehicle battery from being drained by the CF-19 or Pentax printer charging while the vehicle is not running for a set amount of time(15 minutes to 16 hours). All exposed wire will be wrapped in split loom. The DC power adaptor for both the CF-19 and Pentax printer will be connected,fused and grounded appropriately inside the vehicle power kit. Each vehicle will have a Gamber Johnson vehicle specific steal base attached to the floor of the passenger seat using the front 2 seat bolts. The Neon's, Cavaliers and Taurus will require a custom base be fabricated by CDCE technicians. CDCE already has a template for the Neon's to build the bases. The Cavaliers and Taurus will require that one of each of those vehicle be driven to CDCE's office so a base can be fabricated using the vehicles dimensions. If the vehicles are brought down together it should take approximately 1-2 hour to design the mounts. Each steal base will have a pole, arm, clevis and CF-19 cradle bolted to it. If needed a support arm will be added to stabilize the mount. This solution will provide an adjustable and secure mounting platform for the CF-19 to be utilized from. The Pentax printer will be mounted using an arm that will attach to the lower portion of the pole. A Pentax Pocket Jet III specific mount with paper roll holder will be installed on top of the arm. Power will be connected to both the CF-19 and the Pentax printer and the installation will be complete. CDCE technicians will provide a vehicle check off sheet which will include all parts installed and a check off list. The CDCE technician and the authorized City of San Bernardino personal will go thru the vehicle and test the solution to ensure proper functionality before signing off the installation as complete. CDCE technicians will remove all trash before leaving the area. All parts and labor provided by CDCE will be warranted for a period of one(1)year. On-Site maintenance contacts are available from CDCE to cover the installations after the initial warranty expires for additional costs. Product Delivery All products will be ordered immediately upon receipt of order. The mounting hardware and vehicle power kits are typically in stock at CDCE. Any missing parts for these kits typically take about 2 weeks to come in. The Panasonic Toughbooks have a lead time of 4-6 weeks. The Toughbooks are occasionally in stock and if that is the case when the order is placed then they will be available within one week after receipt of order. Sample Schedule(will vary if product arrives earlier) 1) Day 1 CDCE receives order from City of San Bernardino and product is ordered. 2)Week 1-6 While product is on order CDCE has Cavalier and Taurus brought down to CDCE shop for design of mount. 3)Week 4-6 All product arrives at CDCE. CDCE installation manger will contact the City of San Bernardino to begin scheduling the vehicles for installation. '"If product arrives earlier installs will be pushed up" 4) Installation will be completed within 1 to 2 weeks as Iona as at least 2 vehicles arP nvgi1ah1P nor r1m, Warranties of Products Supplied and Labor Gamber Johnson –Mounting Hardware NO-NONSENSE LIMITED WARRANTY Gamber-Johnson warrants to every user of any Gamber-Johnson product that it will perform to its specified ratings and will be free from defects in materials and workmanship. Your remedies for the failure of any Gamber-Johnson product to perform to its specified ratings or for a defect in materials or workmanship are limited to repair or replacement of any non-conforming product. Gamber-Johnson will repair or replace, without charge, any Gamber-Johnson product that does not conform to its warranty only if you give us notice of a failure of our product to perform to the specified ratings or of a defect in material or workmanship within the time period stated below: Mounting Systems (non-electronic)—within three (3)years of the date of purchase. Any failure of any Gamber-Johnson product that is due to damage or misuse, such as excessive force, improper installation, or application of power in excess of specified ratings is not covered by this warranty. Warranty will be void on electronic products if the warranty label is removed or altered. Also, Gamber-Johnson will not be responsible for any incidental or consequential damages due to failure of a Gamber-Johnson product. Incidental and consequential damages are excluded from this warranty. In some states in the U.S., exclusion or limitation of incident or consequential damages is not allowed, so this exclusion may not apply to you. There are no warranties, express or implied, which extend beyond the description of the warranties on the face hereof including all implied warranties for fitness or merchantability. IMPORTANT. The Gamber-Johnson No-Nonsense Limited Warranty gives you specific legal rights, and you may have other rights which vary from state to state. Panasonic Toughbooks Limited Warranty-Hardware Panasonic Computer Solutions Company (referred to as "Panasonic")will repair this Product(other than software, which is covered by a separate warranty) with new or rebuilt parts, free of charge in the U.S.A., for three (3) years from the date of original purchase in the event of a defect in materials or workmanship. This warranty includes the AC Adapter but excludes the batteries and all other options and accessories which are covered for a period of one (1) year from the date of purchase. This warranty is extended solely to the original purchaser. A purchase receipt or other proof of date of original purchase will be required before warranty service is rendered. This warranty is limited to failures due to defects in materials or workmanship which occur during normal use. It does not cover damage which occurs in shipment, or failures which are caused by products not supplied by Panasonic, or failures which result from alteration, accident, misuse, introduction of liquid or other foreign matter into the unit, abuse, neglect, installation, maladjustment of consumer controls, improper maintenance, modification or service by anyone other than a Factory Service Center or authorized Panasonic Service Dealer, or damage that is attributable to acts of God. Pentax Printers Standard 1-Year Warranty During the first year of ownership, Pentax will repair or replace, at its option, any PocketJet unit or accessory (excluding battery and Pentax Paper*)which malfunctions due to failure of parts or workmanship. Owner must call Pentax for a Return Material Authorization (RMA) number, then send the unit postpaid to Pentax, with proof of purchase. Pentax will fix or replace the malfunctioning unit and return it to the owner postpaid. *Battery and Pentax Paper have a 90-day warranty from original purchase. Vehicle Power Kits The vehicle power kits provided by CDCE will be warranted for a period of 1 year. This will cover the shut down timer, fuse block, and DC power supply. Installation All labor provided by CDCE will be warranted for a period of one (1) year. This will cover any issues related to the installation work that CDCE provided. If it is found that the installation has been modified or the issue is not a result work done by CDCE then a labor rate of$75 will apply to all repairs. On-Site maintenance contacts are available from CDCE to cover the installations after the initial warranty expires for additional costs. C CL Rup{ed and Reliable W-1m,Cm ivilr Appendix B CDCE Installation, Service & Maintenance Reference List (partial): Southern California Edison Michael Jensen Vendor Management& Project Deployment Manager (626) 302-7819 CDCE provides product, installation, in-vehicle maintenance and service for over 1500 Panasonic CF-27, 28, 29, and 34 MDCs on an ongoing basis. CDCE continues to provide power management systems, mounting hardware, wireless modems, antennas, mobile printers as well as the installation and service for this equipment. CDCE has installed Panasonic solutions in over 20 different vehicle types. In 2004 CDCE began on-site services and help desk for Edison which continues to the present time. Anaheim Public Works Julie Seay Building Official 714-765-5153 ext. 5764 CDCE has installed 50 Toughbook solutions consisting of Panasonic CF18's, Port Replicators, Mounting Hardware, O'Neil Printers, Antennas and Power Management Systems. CDCE built custom mounts for Anaheim's vehicles that did not have standard mounts built. CDCE continues to service and install solutions as needed and supports Anaheim through an annual maintenance contract agreement. Orange County Sheriff Mike James Captain (714) 834-6322 In 2003 CDCE has provided OCS with 200 CF-28s, 29s, PDRCs, and MDWDs with magnetic stripe reader, mounting solutions, wireless modems, Pentax printers and antennas. CDCE has also provided OCS with 12 Panasonic CF-18s, MDWDs with magnetic stripe reader, printers, wireless modems and mounting solutions for their BMW motor units. CDCE continues to support the departments' needs regarding the MDC solutions including installations, maintenance and service. Anaheim PD Sgt. Lew Wuest 714-497-6401 CDCE provided Anaheim PD with 140 PDRCs and 240 wireless ready CF-29's. We installed the CF- 29 and PDRC combo into 140 vehicles using custom designed mounting hardware to meet Anaheim PD needs and requirements. Along with the Toughbook solution CDCE also installed a new custom vehicle power kit which allowed Anaheim PD to remove the second battery system they had been running with their old MDC systems. By doing this CDCE standardized their fleet with one power system making maintenance of the vehicles much easier. North County San Diego JPA& San Miguel Fire Department NCSD: Joe Napier (760) 535-8505 SMFD; Gary Croucher (619)660-5352 CDCE is currently rolling out 240 full MDC systems into fire engines and command vehicles. The solution consisted of CF-29s, 30s and PDRCs with integrated Verizon EVDO modems, internal and external GPS devices, mounting hardware and installation services. CDCE also equipped all the reserve units with mounting and power solutions to allow the CF-29s & 30s to be easily swapped in minutes in case a frontline unit goes down. / r R Reliable Wi :12 Appendix C Pictures of Similar Installs With Quote Components t� a Apperaix D C r= mobile computing Vehicle Universal Power Ed Distribution System ip Improves employee safety and prevents vehicles from being stranded due to incidental battery drain. If you can't start a vehicle, all the technology in the world Features: won't do anyone any good. CDCE's Power Distribution • A duty cycle timer with a 15-minute interval up to 15 hours and Isolation System keeps your vehicles on the road and in 1-hour intervals. Prevents your components from in service. CDCE has utilized its broad experience in draining your vehicle's battery by de-energizing the vehicle installations to create a power distribution and iso- control circuit after a user specified duration. lation system that virtually eliminates inadvertent • An emergency reset allows an additional 15 minutes of vehicle power failures due to excessive draw from radio/ service after the duty cycle timer has shut off. modem, MDTs, and other computer add-on equipment. • Low(<11V)and high (>18V)voltage disconnect sen- This unit not only regulates how long the computer is sor.Extends vehicle battery life by preventing complete discharge of battery. allowed to draw power from the battery of a sleeping vehicle, but also adds additional circuits for the equipment • Reverse polarity protection. installed. • Connections for MDTs,mobile computers,mobile dis- plays and modems. The system locates all terminals and fuses related to ra- • Six-position fuse block provides adequate circuit dios, modems, MDTs and other mobile computer instal- protection for virtually all vehicle applications. lation add-ons in a convenient enclosure that is easily mounted and connected to all electrical devices in your ' Common ground connected directly to vehicle chassis eliminates grounding problems with control circuit. vehicle's mobile computer system. • High capacity 10-gauge cable connects power source It comes complete with an easily accessible reset fuse to the fuse block and enables a greater power draw to in the rare case of an overload that might trip a fuse. adequately supply components. And, it is easily replaced should the need ever arise—which Protected by a plastic box with removable lid for easy isn't likely. access. Mountable virtually anywhere in the vehicle. To keep your vehicles on the road and operational contact: Michael Contois,Account Manager 22641 Old Canal Road •Yorba Linda, CA 92887 . 800-373-5353 • www.cdce.com • mcontois @cdce.com ©2005,CDCE Incorporated 0 Licensing & Certifications Panasonic® Computer Solutions Company PANASONIC TOUGHBOOK PREMIER Panasonic Toughbook Premier Partner Program 2007-2008 P A R T N E R The following company is a certified Panasonic Toughbook Premier Partner(TP3), and is authorized to sell all products manufactured and sold by the Panasonic Computer Solutions Company at all sales locations. TP3: CDCE Incorporated 22641 Old Canal Road Yorba Linda, CA 92887 Telephone: 714-282-8881 800-373-5353 Fax: 714-282-1501 E-mail: sales @cdce.com Web: http://www.cdce.com CDCE is a wireless computer specialist, selling, installing and servicing all Panasonic Computer Solutions Company products. ,n Signed: _ Z+-�- Date: February 1, 2007 �r�ke Sterling Mike Sterling, District Sales Manager 1286 University Ave. Suite 261 San Diego.CA 92103 Phone: 619-296-8819 Client#: 12347 CDCEINC99 ACORD,. CERTIFICATE OF LIABILITY INSURANCE D /DO/YYYY) 033/08/0108/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armstrong/Robitaille Full 1010 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 680 Langsdorf Drive#100 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 34009 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fullerton, CA 92834-9409 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Federal Insurance Company 20281 22641 Inc. INSURER B: Preferred Employers Insurance Co. 10900 22641 Old Canal Road INSURER c: General Insurance Company of America 24732 Yorba Linda, CA 92887 INSURER 0: INSURER E: COVERAGES THE POLICIES CF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 35785064 03/09/07 03/09/08 EACH OCCURRENCE I$1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED X iD 1$1,000,000 CLAIMS MADE 51 OCCUR MED EXP(Any one person) S1 Q 000 PERSONAL 6 ADV INJURY S1,000,000 GENERALAGGREGATE s2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s21000.000 X POLICY PRO- T LOC C AUTOMOBILE LIABILITY 24CCO354943 03/09/07 03/09/08 COMBINED SINGLE LIMIT X ANY AUTO - (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS ( (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY 79863279 03/09/07 03/09/08 EACH OCCURRENCE s5,000,000 X OCCUR CLAIMS MADE AGGREGATE 1 S5.000.000 S DEDUCTIBLE S RETENTION $ S B WORKERS COMPENSATION AND WKN1107275 06108/06 06/08/07 X WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS r I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 If ye .d ER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yea,deacnbe under SPECIAL PROVISIONS helow E.L.DISEASE•POLICY LIMIT $1,000,000 A OTHER Transit 35785064 03/09/07 03/09/08 $15,000 Limit $2,500 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Proof of Coverage CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-PayMent of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Proof of Coverage (DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL '3n DAYS WRITTEN (NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001108) 1 of 2 #S374203/M374202 SDKAM © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001108) 2 of 2 #S3742031M374202 Client#: 12347 CDCEINC99 ACORD,- CERTIFICATE OF LIAMLITY INSURANCE DATE(MM/DD/YYYY) 06/06/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armstrong/Robitaille Full 1010 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 680 Langsdorf Drive#100 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 34009 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fullerton,CA 92834-9409 INSURERS AFFORDING COVERAGE NAIC# INSURED CDCE, Inc. INSURER A: Employers Compensation Insurance Co 11512 22641 Old Canal Road INSURER B: Yorba Linda,CA 92887 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDDIYYI GENERAL LABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED s CLAIMS MADE �OCCUR MED EXP(Any one person) Is PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE s GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PE RO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) s ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE s RETENTION $ s A WORKERS COMPENSATION AND EIG10386080 06/08/07 06/08/08 X WC STATU- OTH- EMPLOYERS'LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? If yes,describe under E.L.DISEASE-EA EMPLOYEE $1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION Ten Day Notice for N ent of Premitim SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Insured -Proof of Coverage DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL •11111 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ✓� �./ ACORD 25(2001/08)1 of 2 #S389109/M389108 SDKAM © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S389109/M389108 • Cost & Price Forms • PRICE FORM REQUEST FOR QUOTES: RFQ F-08-03 DESCRIPTION OF RFQ: Panasonic Toughbook Computers BIDDER'S NAME/ADDRESS: UL E NAME/TELEPHONE NO. OF 1 AUTHORIZED REPRESENTATIVE Please provide detailed Firm Fixed Price cost information in the spaces provided below, and any other incidental or additional costs required to complete the Technical Specification requirements. Item # Description Qty. Bid $ Extended $ each 1 LAPTOPS: 21 /CCJ C�% Panasonic CF-19, Specific build: CF19CJBAXBM Intel Core Duo Processor U2400 1.06 Ghz (Centrino Processor) • 10.4" Touch Screen Display • 80GB Hard Disk • 1 GB RAM • Intel 802.11 a/b/g Wi-Fi Bluetooth • Rubber Backlit Keyboard • Windows XP Professional with Service Pack 2 SP2 2 PRINTERS: 21 Pentax Pocketjet 3 Plus printers • 300 DPI print quality Inte rated Bluetooth / IRDA / USB connectivity 3 Mounting Equipment 19 %;�:.0 ;'s'r ;C, L,�,, 4 Installation Services 19 �_;.���: Item # Description Qty. Bid $ Extended $ each 5 Extended Warrant — 2 year - or- 21 75 s 6 Extended Warrant — 5 ears 21 C'C' GIC. �C 7.75%+(0.25% 7 Sales Tax where a livable Are there any other additional or incidental costs, which wiyk required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered " Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications which cannot be met by your firm. r i Have you included in your bid all informational items and forms as requeste ? Yes! / No . (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable : % -- days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: -- Addenda No: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: c: Latic DATE SIGNED: /�/�� Z 7 COMPANY NAME & ADDRESS: PHONE:(7P4 )Z Z 2-S FAX 7f'* IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-08- 03. Business Name_LU-C ZV\C C.I N Business Address C"d� (,I Q E8 7 Signature of bidder X C� yl u-'4 Place of Residence Subscribed and sworn before me this day of 6�10 i , 20,2,1-. Notary Public in and for the County of , State of California. My commission expires `'P I 20 v`7. —� 1-'' s.-. T.RAZZ COMM.#1588207 m \J W ai Notary Public-Califomia N i RIVERSIDE COUNTY s My Comm.Exp.June 18,2009 Exhibit"C' Cost Analysis -Accela Upgrade Project Software Acquisition and Maintenance Accela GIS Software Unit Unit Cost Item Subtotal Total Notes Accela GIS Server Software 1 $9,995.00 $9.995.00 Indudes 5 users. Five Additional Users 5 $2,995.00 $14,975.00 For a total of 30 users. Software/License Subtotal $24,970.00 Sales Tax on License $1,997.60 at 8% Annual Maintenance $4,994.00 Sales Tax on Maintenance(112 of 8%) $199.76 Installation Services $14,800.00 ESRI IMS Server 1 $20,000.00 $20,000.00 $20,000.00 GIS Optional Item Optimized Routing Software 1 $9,995.00 $9,995.00 $9.995.00 Annual maintenance for option $1,999-00 Training Estimate-Based upon training time,travel time,meals,lodging,etc- On-site training 3 Days $5,000.00 Accela GIS Total $83,955.36 Accela W Unit Unit Cost Item Subtotal Total Notes Accela IVR Software Annual Licensing 1 $9,995.00 $9,995.00 Speech Recognition Option(2 port minimum) 2 $2,495.00 $4,990.00 Minimal option-does not include advance speech recognition Software/License Subtotal $14,985.00 features Sales Tax on License(8.00%) $1,198.80 Annual Maintenance and Managed Services Fees $3,197.00 Sales Tax on Maintenance(1/2 of 8%) $127.86 Installation Services $14,800.00 Training On-site training 3 Days $5,000.00 Estimate-Based upon training time,travel time,meals,lodging,etc. Accela IVR Total $39,308.88 Accela Wireless Unit Unit Cost Item Subtotal Total Notes Accela Wireless Server Software 1 $34,995.00 $34,995.00 Includes 5 users. One Additional User Block(5 users) 3 $9,995.00 $29,985.00 . Total of 20 users purchased(19 planned). Software/License Subtotal $64,980.00 Sales Tax on License(8.00%) $5,198.40 Annual Maintenance(20%) $12,996.00 Sales Tax on Maintenance(1/2 of 8%) $519.84 Implementation Services $14,800.00 Training On-site training 3 Days $5000 00 Estimate-Based upon training time,travel time,meals,lodging,etc. Accela Wireless Total $103,494.24 PERMITS Officet.ink Unit Unit cost Item Subtotal Total Notes PERMITS'Officel-ink(for 58 Conc.Licenses) 1 $4,600.00 $4,600.00 $4,600.00 Includes 5 users. Sales Tax on License(8.00%) $368.00 Annual Maintenance(20%,) $1,150.00 Sales Tax on Maintenance(112 of 8%) $46 00 PERMITS Officel-ink Total $6,164.00 Software Total $232,922.28 Exhibd"C" Hardware-Accela Upgrade Project Server Hardware Unit Unit Cost Total Notes Dell PowerEdge 860 Server(IVR,GIS,Wireless) 2 $3,572.35 $7,144.70 Cost includes Sales Tax and Shipping(See attached e-quote). Laptops and Accessories 21 Panasonic CF-19 Laptop Computers 1 $119,631.60 $119,631.60 Cost includes computers,printers,mounting kits,installation services,and configuration services as provided in quote by the low bidder,CDCE,Inc. Cost includes tax. Wireless Networking Cellular Wireless Card(Discounted) 19 $34.99 $664.81 Highest cost option assumed. Vendor and card type will be evaluated Sales Tax(based on full price) $410.39 $410.39 by IT at a later time. Coverage,rather than speed,may be the deciding factor in determining which card to purchase. VoIP Gateway 1 $1,000.00 $1,000.00 Used for Accela IVR-Voice over IP Gateway Device as recommended by Accela. Hardware Total $128,851.50 I E>dIA'C' Annual Costs-Accela Upgrade Project Unit Cost Notes Software and Licensing Accela GIS Annual Maintenance $4,994,00 Sales Tax on Maintenance(50%) $199.76 Accela IVR Software Annual Licensing $14,985.00 Sales Tax on License(8.00%) $1,198.80 Accela IVR Annual Maintenance and Managed Service Fees $3,197.00 Sales Tax on Maintenance(1/2 of 8%) $127.88 Accela Wireless $12,996.00 Sales Tax on Maintenance(1/2 of 8%) $519,84 Accela OfficeLmk $1,150.00 Sales Tax on Maintenance(112 of 8%) $46.00 Software Annual Maintenance Total $39,414.28 Wireless Wireless Services 19 $12,540.00 Costs assumes 19 wireless laptops,using figure of$55.00 per month per device. Total projected annual costs $51,954.28 Exhibit"C" Summary-Accela Upgrade Project Total Implementation Costs(Software,Hardware,Services,etc) $361,773.78 Total project annual costs(after 1st year) $51,954.28 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: January 10, 2008 TO: Joseph Lease, Building Official FROM: Sandra Medina, Assistant to the City Clerkpu RE: Transmitting Documents for Signature—Resolution 2008-1 At the Mayor and Common Council meeting of January 7, 2008, the City of San Bernardino adopted Resolution 2008-1 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute purchase agreements with Accela Inc. and CDCE Inc. for the purchase of software and hardware for the automation of development processes; and authorizing the Finance Director or designee to solicit lease purchase rate quotes and to award a lease purchase to the lowest responsible leasing company. Attached are copies of two (2) agreements, one each with Accela Inc. and CDCE Inc. Included are four (4) duplicate original agreements to be signed. Please obtain signatures in the appropriate locations and return the ORIGINAL agreements to Margaret Fedor in the City Clerk's Office as soon as possible. Please keep a duplicate, original of each agreement for your files and forward a copy of the fully executed, duplicate original agreements to the appropriate parties. Please be advised that the contract will be null and void if not executed within 60 days, or by Friday, March 7, 2008 If you have any questions, please do not hesitate to contact Margaret Fedor at ext. 3206. Thank you. I hereby acknowledge ipt of the above mentioned documents. s Signed: Please sign and return Date: `�GB