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HomeMy WebLinkAbout2008-041 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-41 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED CONSULTANT SERVICES AGREEMENT WITH ACCELA INC. FOR THE PURCHASE OF SOFTWARE FOR THE AUTOMATION OF DEVELOPMENT PROCESSES; AND AMENDING RESOLUTION 2008-1. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. On January 7, 2008, the Mayor and Common Council adopted Resolution No. 2008-1, which authorized the City Manager to execute agreements with Accela Inc. and CDCE Inc. for the purchase of software and hardware for the automation of development processes. SECTION 2. Accela Inc. has requested minor revisions to the Consultant Services Agreement provisions regarding insurance, assigmnent and indemnification. SECTION 3. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of the City a revised Consultant Services Agreement between the City of San Bernardino and Accela Inc., a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 4. The purchase to Accela Inc. is exempt from the formal contract procedures of Section 3.04.070 of the Municipal Code, pursuant to Section 3.04.010 B.3 of said Code "Purchases approved by the Mayor and Common Council". SECTION 5. The Finance Director or her designee is hereby authorized to issue a purchase order to Accela Inc., in the amount of $232,922.28 for the purchase of specified PermitsPlus Add-on Software Components and installation services. The Purchase Order shall reference this Resolution and shall read, "Purchase of PermitsPlus Add-on Software 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED CONSULTANT SERVICES AGREEMENT WITH ACCELA INC. FOR THE PURCHASE OF SOFTWARE FOR THE AUTOMATION OF DEVELOPMENT PROCESSES; AND AMENDING RESOLUTION 2008-1. Components and installation services not to exceed $232,922.28" and shall incorporate the terms and conditions of the Agreement. SECTION 6. Resolution No. 2008-1 is hereby amended to delete Sections 1,2, & 3. SECTION 7. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if not executed within sixty (60) days of the passage of this resolution. III III III 14 III 15 III 16 III 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED CONSULTANT SERVICES AGREEMENT WITH ACCELA INC. FOR THE PURCHASE OF SOFTWARE FOR THE AUTOMATION OF DEVELOPMENT PROCESSES; AND AMENDING RESOLUTION 2008-1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2008. 21 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th day of February Council Members: AYES ESTRADA x BAXTER ~ BRINKER x - DERRY X KELLEY X JOHNSON X MCCAMMACK X , 2008, by the following vote, to wit: NAYS ABSTAIN ABSENT ~/;;. ~ Rac el G. Clark, City Clerk The foregoing resolution is hereby approved this t,T1f day of j?..hrllRry 22 23 Approved as to Form: 24 25 26 27 28 2008-41 Exhibit U AU CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 4th day of February 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and ACCELA, INC. 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-I", "A-2", "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 1.1. Scope of Services. For the remuneration stipulated, CONSULTANT shall provide the software and professional services described in the Estimates attached hereto as Exhibits "A-I", "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 2008-41 Exhibit" An represents that no CITY employee will provide any services under this Agreement. 1.3. Warrantv. 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 Assigrunent. 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 2008-41 Exhibit U AU 2.0. COMPENSATION AND BILLING 2.1. Compensation. Except as provided herein, CONSULTANT shall be paid compensation as required in Exhibits "A-I", "A-2", "A-3" and "A-4". 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-I", "A- 2", "A-3", and "A-4". 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-I", "A-2", "A-3", 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 CONSULT ANT. 3 2008-41 Exhibit" An 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 msurance 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, ten (10) days notice if cancellation is for non-payment of premium." (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 2008-41 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: Contracts Administration Accela, Inc. 2633 Camino Ramon, Suite 120 Bishop Ranch 3 San Ramon, CA 94583 Fax: (925) 659-3201 Tel: (925) 659-3200 Valerie C. Ross Director of Development Services 300 North "D" Street San Bernardino, CA 92418 Fax: 909-384-5080 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 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. 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, 5 2008-41 Exhibit a AU subletting or encumbrance shan be void and shan 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 an other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. Notwithstanding, CONSULTANT may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially an of its stock or assets. 5.6. Indemnification and Hold Harmless. CONSULTANT shan protect, defend, indemnify, and hold harmless CITY and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and an 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, an 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. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, agents and employees from any and all claims, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement, except when caused by CONSULT ANT's negligence. 5.7. Independent Contractor. CONSULTANT, at an times while performing under this Agreement, is and shan be acting at an times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shan 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 payron deductions for CONSULTANT and its officers, agents, and employees, and an 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 shan 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 employees may be subject to the provisions ofthe California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materiany 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. 6 2008-41 Exhibit U AU 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. 5.9. Responsibilitv 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 Emplovment. 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 Partv Beneficiarv 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. Severabilitv. 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 7 2008-41 Exhibit" AU remaining provisions ofthis Agreement shall remain in full force and effect. 5.17. Countemarts. 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 Comorate Authoritv. 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, A Municipal Corporation, CONSULTANT ACCELA, INC. ~, (~ - Signature ~f.,'V /IA. SA-"'~t:"l-~ Name and Title Approved as to form: James F. Penman, City Attorney Bf- f~ 8 ~. 2008-41 .~CCELA? 2008-1 Exhibit A-I Government Software DATE: January 31,2005 REVISION 1: May 9, 2006 REVISION 2: May 10, 2007 REVISION 3: November 30, 2007 ESTIMATE #11056a(rev-3) TO: Joe Lease City of San Bernardino, CA Angela Fish, Regional Account Executive FROM: RE: N 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 (Includes one (1) 5-user pack - named users) $ 9,995.00' - Five Additional Users (Additional users may be purchased in blocks of 5) ($2,995.00 for each block of 5) $ 2,995.00 - Sales Tax on License (8.00%) $ 1,039.20 $ 2,598.ocf - Annual Maintenance (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 $31.531.1~ OPTIONAL: - Optimized Routing Software (Includes 1 site license. Annual maintenance an additional 20%.) $ 9,995.00 2008-41 <ACCELR 2008-1 Exhibit A-I Government Software NOTES: - 1 If an agency has an existing license of ArclMS, that license may be used provided the version of ArclMS is supported by Accela GIS. If an agency does not have ArcIMS, they will need to obtain a copy from ESRI. Instructions for purchasing ArclMS from ESRI at a special rate are available from the Regional Account Manager. This is a fully functioning version of ArclMS 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 Pavment 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 clienVagency is responsible for any applicable sales tax. - Agency acknowledges and agrees that Accela shall have the right to use third parties to fulf~1 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-c1ay 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. .<Acc~O~R 2008-1 Exhibit A-I Government Software To procure the above-mentioned products I 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@.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 afishtmaccela.com. Thank you. 2008-41 <Acc~ 2008-1 Exhibit A-2 Government Software DATE: December 13, 2007 ESTIMATE #2007-12-13-2248 TO: Joe Lease City of San Bemardino, CA Angela Fish, Regional Account Executive FROM: 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 OMS cllenta) 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 (Includes software and vocalizer) - Additional User Blocks (in blocks of 5 end-user licenses) ($9,995.00 for each block of 5) - Speech Recognition Options (cost per port) (2 port minimum) 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 $ 9,995.00 $ NlA $ 4,990.00 - Sales Tax on License (8.00%) Subtotal of License Fee $ 1.198.80 $16,183.80 2008-41 <Acc~ 2008-1 Exhibit A-2 Government Software Annual Maintenance and ManaGed Service Fees: - Annual Maintenance and Support $ 2,997.00 $ 200.00 - Annual Managed Service Fees (Based on 2 Ports) - 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 ODtlonal: - Fax Back Services (OPTIONAL) Fax Back Service can be provided at the cost of . 151page through a service provider such as Interfax. $ N1A GRAND TOTAL J34..308.68' NOTES: - 1 Pavment 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. ., 2008-~ <ACCEL . . 2008-1 Exhibit A-2 Government Software - The above proposal is based on the Agency using Analog VolP 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 wort< to be performed. Further information gathered through detailed investigation and business configuration by Accela is required before a final Statement of Wort< 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 Wort<. - These costs are valid for 90 days. After the 9O-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 I 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 emall to contractsadmin@accela.com. Please note that If faxing a purchase order, please fax both front and back and send the original purchase order In the mall. If you have any questions, please feel free to contact me at (559) 627-1959x127 or afishililaccela.com. Thank you. 2008-41 <ACCELR 2008-1 Exhibit A-3 Government Software DATE: REVISION 1: REVISION 2: TO: May 9, 2006 May 10, 2007 November 30, 2007 ESTIMATE #11990a(rev-2) Joe Lease City of San Bernardino, CA FROM: RE: Angela Fish, Regional Account Executive Accela Wireless™ 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 (Includes Application Server Software License and 5 End-User Licenses) - One Additional User Block (in blocks of 5 end-user licenses) ($9,995.00 for each block of 5) $34,995.00 $ 9,995.00 - Sales Tax on License (8.oo%) $ 3,599.20 $ 8,998.001 - Annual Maintenance - 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 concerning work / services.) TOTAL 172.747.1~ . 2008-41 <ACCELN 2008-1 Exhibit A-3 Government Software NOTES: - 1 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 Pavment 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 200012003 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 9O-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 I 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 2008-41 <AccEU\? 2008-1 Exhibit 1\:-3 Government Software In order to expedite the process, submit authorization via fax to (925) 407-2722 or by email to contractsadmin{ljlaccela.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<1llaccela.com. Thank you. 2008-41 '<ACCELA? 2008-1 Exhibit A-4 Government Software DATE: August 13, 2007 REVISION 1: November 3D, 2007 ESTIMATE #2007-OS-13-013(rev-1) TO: Joe Lease City of San Bernardino, CA FROM: Angela Fish, Regional Account Executive RE: 'PERMITS' OfficeLink~ 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 AIPID, Parcel Address or C/A/EJD entry. Association is done by creating a disk subdirectory for each AIPID 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) - Sales Tax on License (8.0%) - Annual Support for 'PERMITS' OfficeLink~ (for 58 concurrent licenses) - Sales Tax on 50% of Maintenance (8.0%) TOTAL $ 4,600.00 $ 368.00 $ 1,150.001 $ 46.00 $ tI,164.oo2 NOTES: - 1 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. _ 2008-41 <ACCELA? 2008-1 Exhibit A-4 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 9O-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 I 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 emall to contractsadminlQlaccela.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.