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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Rachel Clark, City Clerk
Dept: City Clerk
Date: July 8, 2003
Synopsis of Previous Council Action:
Recommended Motion:
1. Adopt Resolution
Subject: Resolution of the City of San
Bernardino authorizing the City Clerk to
enter into a Professional Services
Agreement, Software License Agreement,
and Software Maintenance Agreement with
Progressive Solutions, Inc. to install
Licensetrack and Ca$hierCentral software to
replace the Business Registration Division's
licensing system and to provide revenue
enhancement services.
MICC Meeting Date: July 21, 2003
2. Authorize the Director of Finance to amend the FY 03-04 budget and increase City Clerk
revenues by $130,000 to reflect anticipated revenues as outlined in the staff report and
increase City Clerk expenditures by $57,300 to reflect associated first year expenditures as
outlined in the staff report.
Contact person:r.inrly RII....,ht..r. RR ~lIp
Supporting data attached:
Yes
FUNDING REQUIREMENTS:
Amount:
C(~d 1.:1,~
Signature
phnn,,'~?nn
Ward:
None
Source: (Accl. No,)001-000-4301 $80,000
001-000-4222 $50,000
Council Notes:
-;2.x:s,o oj;' '20 (:):s ":) 04
(A("r.t np~("rirtinn) RII~ R~O Rp\lpnllP
TL T Revenue
Finance:
Agenda Item No, -1D
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Submitted by: City Clerk's Office
Council Meeting of July 21, 2003
Subiect:
Resolution of the City of San Bernardino authorizing the City Clerk to enter into a
Professional Services Agreement, Software License Agreement, and Software
Maintenance Agreement with Progressive Solutions, Inc. to install Licensetrack™ and
Ca$hierCentraJTM software to replace the Business Registration Division's licensing
system and to provide revenue enhancement services.
Backl!round:
Currently, business registration automation is provided by an eighteen (18) year old
licensing system. In addition, a "pending file" (prospect) system used to maintain
working files, was created by the City Information Services Division. Upgrades and
support for the licensing system have not been available from the vendor (Harris) for over
ten (10) years and the software does not meet the Division's needs for the following
reasons:
.
Currently, data needs to be duplicated several times for such routine tasks as
delinquent letters, pending file updates, creating new accounts and posting of
payments.
Information for each individual account is contained in fifteen (15) different screens,
requiring numerous keystrokes to obtain basic account information.
Limited reporting capabilities.
Inefficient and limited search program.
Ineffective research tools resulting in excessive staff hours to search for potential
unregistered businesses.
Current software not Windows based.
.
.
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In 2002, the City Clerk requested that the Business Registration Division look into the
replacement of the current software to make the division's operations more efficient.
Staff reviewed several software applications and met with vendors from two companies.
In addition, business registration staff and IS staff conducted site visits of cities utilizing
the software under consideration. Based on the software's applications and visits to cities
to see the software at work, staff identified Progressive Solutions and their Licensetrack™
and Ca$hierCentral software as the vendor who would best serve the Division's needs.
,
Progressive Solutions, Inc., located in Brea, has assisted cities with their data processing
needs since 1979. Other agencies that use the Licensetrack™ and/or Ca$hierCentral
software include Lorna Linda, Gardena, Oceanside, Laguna Beach, Westminister and
Carlsbad. The system is proprietary and cannot be provided by any local vendors.
Benefits of implementing Licensetrack™ and Ca$hierCentral would include:
. Increased efficiencies and reduced errors in such daily tasks as calculating fees,
recording payments, preparing billing notices and delinquent notices, file updates and
citizen inquiries.
. LicenseTrack will allow staff to electronicallv cross-reference business registration
files with available data such as AB990 (State Board of Equalization Files) to locate
unregistered businesses and additional revenue. This is currently done by manually
cross-referencing each database.
. Increased customer service-- with the cashiering module, counter customers would
not have to wait in the Central Cashiering line to pay their registration fee.
. Expanded reporting capabilities; all fields can be queried and passed to a report with
many different sort and display options.
Financial Impact
There will be no up-front costs to implement the system. Due to budget constraints, the
Business Registration Division had placed the software replacement proposal on hold.
However, Progressive Solutions proposed a revenue enhancement project that would
allow the Division to install the software with no initial up-front expense. Per their
proposal "100% of the Realized Benefits shall apply toward the cost of the business
licensing software license, annual software support and expenses. For all funds
recovered (Realized Benefits) in excess of the cost of the software, support costs and
expenses, PSI shall be paid the Contingent Fee of 12.5% of Realized Benefits. In the
event that costs are not fullv recovered within the first vear. Realized Benefits in
subsequent vears will be applied to anv remaining balances." In other words, the
contingency fees are only calculated after costs associated with the program have been
recovered. For Business Registration and Transient Lodging Tax audits, PSI's
compensation will be for the audited periods (the current year plus 2 years back). For
other detections/corrections resulting from the licensed software, PSI's compensation will
be based upon Realized Benefits to the City during the first twelve (12) consecutive
quarters following the detection/correction.
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Per "Attachment A", the cost to implement the program is $46,863.98 which includes
configuration, set up, conversion ofrecords, training, and software maintenance for the
first year for both LicenseTrack and Ca$hierCentral. Reasonable travel and lodging
expenses would also be reimbursed through Realized Benefits.
The revenue enhancement proposal includes the following components which are
described below in more detail:
1. Business Registration and TLT Audits
2. Automated Cross Referencing Capabilities
a) AB63
b) AB990
1. Business Ree:istration and TLT (Transient Lode:ine: Tax) Audits:
Progressive proposes to audit TL T over a three-year period and projects to recover a
minimum of$50,000 from TLT for each of the three years. In addition, Progressive's
projection for business registration audits is recovery of a minimum of $80,000 per year
and audits would be staggered over several years. Together, projected first year revenue
from both TLT and business registration audits is $130,000. Based on these projections
the following reflects the projected revenue from audits and how these Realized Benefits
will be applied to program costs:
FY 03-04 FY 04-05
Additional Revenue from Audits $130,000 $130,000
Less Software/service fees 46.864 10.000
Contingent Basis $ 83,136 $120,000
Contingent fee (12.5%) $ 10,392 $ 15,000
Projected Realized Revenue $ 72,744 $105,000
2. Automated Cross Referencine: Capabilities - Newlv Identified Businesses
a) AB63 - Franchise Tax Board Information
Several years ago AB63 was passed allowing cities to contract with the Franchise Tax
Board to obtain electronic data about taxpayers that filed a Schedule C (Statement of
Business Profit or Loss) with their income tax return. This data can only be obtained bv
cities: consultants may not request this data. When this was initially offered, the Business
Registration Division opted not to participate in AB63 due to the uncertainty ofthe fee
charged by the State to provide the information. However, as more cities participate the
cost has been reduced. A recent inquiry found that the cost to obtain this information for
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the next fiscal year is anticipated to be between $5 - $6 per thousand population (approx,
$1,200), which is considerably lower than the $10,000 cost we were quoted when AB63
was first offered. Progressive's agreement proposes to forward funds to the city for
payment of AB63 data (not to exceed $1,500) and the costs borne by Progressive will be
reimbursed to Progressive from Realized Benefits.
AB63 would allow our City to identify businesses who do not show up in any traditional
way, such as filing a DBA, having a resellers permit, or even operating from a
commercial location. Even if the City had obtained AB63 data when it was initially
offered, we had no electronic means of cross-referencing the data with current business
registration files. The LicenseTrack software will allow quick and efficient means of not
only cross referencing the data, but also will allow notification letters to be sent with
minimal effort and will provide automated reports. Currently all of this is done
manually, significantly increasing the time frame in which the City would realize the
additional revenues.
The City of Newport Beach (pop. 80,000 with 15,000 business licenses) has reported
significant success with the AB63 information. The Franchise Tax Board identified
4,400 taxpayers filing a Schedule C with their 2001 tax return with only 922 currently
holding a Newport Beach Business License. In the first eight months, Newport Beach
licensed more than 700 businesses resulting in over $85,000 in additional revenue (based
on a flat tax of $116). Newport Beach has software that allows the electronic cross
referencing of data. resulting in a high vield with minimum staff time. In addition they
report that their experience with the AB63 program has been successful. They identified
a high percentage of persons conducting business without the required City license and
found the response from these individuals to be generally favorable.
b) AB990 - State Board of Equalization
AB990 allows the Statewide Registration file of all active Sellers Permits to become
available to cities. In addition, it allows a "working relationship" between our office and
local SBE staff. Not only does this information provide leads to un-registered businesses,
but it also allows our office to report businesses registering with us who did not supply a
Sellers Permit number, thereby increasing the city's sales tax. The Business Registration
Division obtained this program from the local SBE office in January 2002. We have no
means to electronically cross-reference this information with our current business
registration files; therefore, all cross-referencing is done manually, significantly limiting
the potential of this information. It should be noted that staff has identified several
businesses (not identified by our current vendor) where sales tax was being misallocated
to surrounding cities.
Again, the LicenseTrack software will allow electronic cross-referencing ofSBE and
business registration data to more efficiently utilize this valuable program.
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Revenue Proiections - AB63 & AB990
We believe that the audit services proposed by Progressive is only a small portion of the
potential revenue that can be derived by moving forward with this proposal. As
described above, the AB63 and AB990 programs (with the proper automation) have
the potential to produce a significant amount of additional revenue for the City.
Progressive's Contingent Fee for newly discovered businesses resulting from the
software's cross-referencing capabilities is 12.5%.
Recommendation
I. Adopt resolution
2. Authorize the Director of Finance to amend the FY 03-04 budget and increase
City Clerk revenues by $130,000 to reflect anticipated revenues as outlined in the
staffreport and increase City Clerk expenditures by $57,300 to reflect associated
first year expenditures as outlined in the staff report.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMOl'l COUNCIL OF THE CITY
OF SAl'I BERNARDINO AUTHORIZING THE CITY CLERK TO E:'IiTER I:'IiTO A
PROFESSIONAL SERVICES AGREEMEI'l,T, SOFTWARE LICENSE AGREBIENT.
AND SOFTWARE MAll'ITENAl'ICE AGREEMENT WITH PROGRESSIVE
SOLUTIONS, Il'IC. TO INSTALL L1CEl'ISETR.-\CKTM AND CASHIERCENTR.UTM
SOFTWARE TO REPLACE THE BUSINESS REGISTR.-\TION DIVISIOl'\'S
LICENSING SYSTEl\1 AND TO PROVIDE REVENUE ENHAl'\CEMENT SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUl'ICIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. That Progressive Solutions, Inc. is the sole source for acquisition and
implementation of the LicenseTrack™ and Ca$hierCentraJTM software. Pursuant to this
determination, the City Clerk is hereby authorized to enter into an agreement with
Progressive Solutions, Inc. for the acquisition of LicenseTrack™ and Ca$hierCentraJTM
software and for revenue enhancement services.
SECTION 2. The authorization to execute the above referenced agreement
order is rescinded if it is not executed within ninety (90) days of the passage of this
resolution.
III
III
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II!
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY CLERK TO E:\TER I:\TO A
PROFESSIONAL SERVICES AGREEMENT, SOFTWARE LICENSE AGREDIEI'\T,
AND SOFTWARE MAINTENANCE AGREEMENT WITH PROGRESSIVE
SOLUTIONS, INC. TO INSTALL LICENSETRACKTM AND CASHIERCEI'\TRAL'M
SOFTWARE TO REPLACE THE BUSINESS REGISTRATIOI'\ DIVISIOI'\'S
LICENSING SYSTEM AND TO PROVIDE REVENUE ENHANCDIE:\T SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and C0l11111on Council of the City of San Bernardino at a
meeting thereof, held
,2003, by the following vote, to wit:
on the day of
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
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PROGRESSIVE SOLUTION~
!) 0 /JiJr "'S3
Breu. C"Ii/omla fj]S:;_~-(l783
("/~)()-l-lY)-: TI..'/cplJullt'
I" !4di'" /-!l)IJ.:J Faesimill'
July 2, 2003
Ms. Cindy Buechler
City of San Bernardino
300 N "D" Street
San Bernardino, CA 92418
Dear Ms. Buechter,
Enclosed is a budgetary quotation for LicenseTrack'" for Windows@ and Ca$hierCentral for Windows@.
LicenseTrack'. Components
LicenseTrack for Windows~ Software License Fee including testing
configuration & set up
Conversion of all convertible records (estimate)
Three days of onsite training
Software Maintenance until the start of the next fiscal year
Total Installed Software Cost
$22,500.00
$7,000.00
$3,000.00
Included
CashierCentral Components
Ca$hlerCentral for Windows~ Software License Fee including testing
configuration & set up (2-Workstations)
Two days of setup & training
Cash Drawer (4 )($650+$50.38 tax)
Cash Receipt Printer (2) ($795+$61.61 tax)
Software Maintenance until the start of the next fiscal year
Total Installed Software Costs
Tax
$9,000.00
$2,000.00
$1,300.00
$1,590.00
Included
SOL Server Software
Software Installation & Configuration
Total Software License Fees, Installation and Configuration
Annual Software Maintenance Fees BeQinninQ Julv 1,2004
LicenseTrack'"
Ca$hierCentral
Total Annual Maintenance Fees
$8,800,00
$1,200.00
$32,500.00
$13,890.00
$223.98
$46,613.98
$250.00
$46,863.98
$10,000.00
Expenses identified in the services agreement such as postage or auditor lodging will be billed
separately and are not included in the above budgetary quotations. Thank you for the
opportunity to be of service.
Respectfully Submitted.
ft., /( t/~
Glenn R. Vodhanel
Innovative Software / Outstanding Service
, .) ,~ '1/
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Progressive Solutions k '
Proposal for
Business Licensing &
Revenue Enhancement Services
for the
City of San Bernardino
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Progressive Solutions@
Glenn R. Vodhanel
P.O. Box 783
Brea, California 92822
(714) 671-1597
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PROGRESSIVE SOLUTIONS, lNe.
POBox 783
Brea. California 92822-0783
1714) 671-1597 Telephone
1714~ 671-1904 facsimile
City of San Bernardino
Ms. Cindy Buechter, Revenue Manager
300 N "0" Street
San Bernardino, CA 92418
May 13, 2003
Dear Ms. Buechter,
Thank you for the opportunity to respond to your request for information. Please allow me to
introduce our company and services.
The Company. Progressive Solutions, Inc., a California corporation, located in the City of
Brea, has assisted cities with their data processing and revenue enhancement needs since
1979. The Company currently has twenty cities and water districts (Utility Billing) as clients
and offers several products and services.
Purpose. The Company's mission is to provide the finest software and services available
anywhere. We are unique in the marketplace for three reasons:
, The energies we devote to serve our clients are beyond compare,
.,. Close attention to clients' needs, and
.,. Availability of our resident experts.
Project Goals: To partner with municipal stClff so that they may understand and apply
revenue enhancement methodologies and best utilize revenue information and enhancement
services. We will install our LicenseTrack1'-business licensing software and fund the software
via revenue recovery. Using this approach, costs will be reduced, revenues will increase,
and staff productivity will improve. In short, we facilitate citizen compliance with municipal tax
ordinances. In so doing, the City recovers revenue to which they have been due. The City
(with an improved financial position) becomes better able to provide service to their citizens.
In the following pages you will find an Executive Summary and a Services Agreement. If we
may be of any additional assistance, please do not hesitate to contact us.
Respectfully Submitted,
jL K !/oILJ
Glenn R. Vodhanel
_ BACKGROUND
., The City of San Bernardino's (City's) current business license operations are run with limited
staffing using software that was outdated 10 years ago. In the search to make licensing
operations more efficient, City staff reviewed several software applications and identified
Progressive Solutions@, as the vendor who would best meet the City's needs.
As City budgets and funding remain tight, discussions resulted in an offering which would
provide updated business license software as part of an entire revenue enhancement package.
With limited staffing and outdated software, City staff could not possibly implement a state of the
art revenue enhancement function. Upon appropriate authorization, PSI fully expects to find
additional revenue for the City that City staff and efforts of the existing revenue enhancement
vendor have been unable to find. In this package, ill! risk is assumed by PSI. No budgetary
commitment by the City is required'
PSI offers general revenue audit & review services for:
, Transient Occupancy Tax;
, Business License Tax;
, Property Tax;
, Documentary Transfer Tax
, Sales/Use Tax;
., Franchise Fees
The revenue enhancement package for the City covers:
, Business License Audits
, Business License & Cashiering Software Licenses and implementation
, Transient Occupancy Tax Audits
, Use of cross referencing capabilities of the PSI Business License software to identify &
notify non compliant businesses using AB63, AB990 and other data.
The proposal provides an opportunity for PSI to be compensated exclusively for additional
revenue brought to the City as a result of audits and/or use of the cross reference capabilities
provided via the business license software.
Contingent Fee Considerations
, The City deducts prior software or service fees paid from revenues received prior to the
calculation of any contingent fees. For example, software installation and support fees
paid to PSI will be deducted from the recovery(s) prior to the calculation of any applicable
contingent fee:
Example: Revenue Enhancement Recovery $40,000
Less software/service fee paid $10,000
Contingent Basis $30,000
Contingent fee percentage 12.5%
Contingent fee to PSI $3,750
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PROFESSIONAL SERVICES AGREEMENT
EXECUTIVE SUMMARY
-, PSI's contingent fee for identifying erroneous and non reporting businesses is 12.50/0 of
newly recovered revenue; compared to a fee of 20% to 25% charged by traditional audit
firms. Once again these contingency fees are on Iv calculated after costs associated with
the program have been recovered. Identification of new revenue sources is performed
via the provided business license software in conjunction with data sources available only
to the City (such as AB63 and AB990) as well as other public and private data sources.
,. Due the increased efficiency provided by the new business license software, more
reviews may be completed by City staff thereby reducing contingency fees paid out at the
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PROFESSIONAL SERVICES AGREEMENT
20-25% rate. (Staff training and assistance will result in more corrections being done at
the 12.5% rate and also more corrections from new sources of misallocated situs sales
tax, misallocated situs, use tax and misallocated non-situs sales and use taxes.)
Sales and Use Tax History
In the mid 1950's, the City of San Bernardino (City), by Council Resolution adopted the Bradley
Burns Act authorizing the State Board of Equalization (SBE) to administer the City's 1 % local
share of sales and use taxes. A consequence of the Bradley Burns adoption was, and still is, the
loss of the City's ability to perform financial or performance audits on the local 1 % share of
taxpayer sales and use tax allocations.
On monthly reports the SBE provides the City with data showing those taxpayers that have
registered with the SBE & have identified the City of San Bernardino as a business location. Put
another way, the SBE reports to the City only those taxpayers that actually allocate to and
register to the City. The reports do not provide information for evaluating taxpayer and SBE
accuracy. For example, the reports do not assist in the City in identifying taxpayers that should,
but are not, allocating sales tax to the City.
In 1978, California Cities started using sales tax audit firms to assist the Cities in receiving all of
the sales tax for which they were entitled pursuant to the Bradley Burns Act. The City currently
contracts with MBIA, who focuses on activities which result in "audits" of local allocations made
to Cities by the SBE. They discover errors made by the SBE and/or the taxpayer and obtain a
. correction of the error, all on behalf of the City.
When a misallocation is discovered, the audit firm notifies the SBE of the error. The SBE either
_ corrects its mistake, or instructs the taxpayer to correct its allocation procedures in the case of
,., taxpayer error. In some cases the audit firm directly contacts the taxpayer and requests that the
taxpayer correct its internal procedures and/or practices. The audit cycle is complete when the
City's quarterly SBE allocation report shows the "corrected" amount by taxpayer name and
registration number. The City then pays to the audit firm a fee based on a percentage of the
corrected amount of sales tax revenue that the City receives as a result of the audit firm's
efforts. Due to a lack of information, Cities are unable to exercise control over the firms' role,
processes or procedures.
Many cities develop their own detection and correction programs. The efficacy of these
programs generally depends on City staffing and expertise. Nevertheless, cities with
their own programs generally contract with an audit firm to serve as a backup to their
efforts. Consequently, the City and their primary audit firm often compete for discovery
and subsequent correction of misallocations. The audit firms, because of their singular
focus on audits, have developed very effective discovery programs, thereby minimizina
the results of City or third party efforts.
The professional services & software which comprise this agreement are provided as a
backstop audit program to services currently provided by another vendor. It is fully understood
and agreed that in order for PSI to claim Realized Benefits that written documentation of each
individual error/omission must be related to taxpayer and/or responsible intermediary (i.e. state,
board of equalization, utility provider, etc) at least one full calendar quarter prior to location by
the other vendor. PSI will provide a mechanism for flagging vendor identified accounts. In the
event of a conflict, CITY, upon presentation to PSI of evidence of the conflict will receive credit
for all amounts paid to PSI which result from the conflict(s).
e Audit firms also provide sales tax information services to their City clients. These information
services, which normally include a database, related software and hard copy reports, are based
on portions of the raw data provided to the Cities by the SBE. The audit firms obtain the SBE
data and transform it into certain formats for presentation to Cities. They may also average
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PROFESSIONAL SERVICES AGREEMENT
revenue over a 12 month period to compensate for fluctuations in a business's payments to the
_ SSE and/or misallocations that may occur. Comparative data, of a non-confidential nature, is
,., also provided. However, the information provided to clients does not include data which allows a
City to fully evaluate the effectiveness of the SBE, the taxpayer or audit firms.
PROPOSED SERVICES
Service Objectives
To provide the City with the ability to:
I'" Increase revenues and reduce related costs.
I'" Proactively identify opportunities to maximize general revenue through audit and
detection activities
I'" More effectively manage general revenues
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Service Methodology
PSI will collaboratively work with City staff to:
r Identify and pursue erroneous/non reporting businesses
I'" Correct sales tax misallocations resulting from cross checks performed via the business
license software.
I'" Proactively identify and implement opportunities to ensure that businesses maximize the
allocation of sales and use tax to the City
;... Provide the SBE with misallocation corrections, and follow-through to ensure the
corrections are made.
I'" Provide assistance as needed to help the City maximize its transient occupancy,
business, sales, use and other tax revenues. An important element of each of these
activities will be the sharing of information and knowledge between PSI and City staff.
Scope of Service:
I'" Implementation of the business license software
I'" Transient Occupancy Audits
I'" Business License Audits
I'" Cross checks using the business license software and available data.
Available Data:
. I'" AB63 provides cities enrolled in the program to receive electronic data about taxpayers
who filed a schedule C with their state income tax report. (This program is for cities
only. Consultants may not request this data.)
,. AB990 provides the statewide registration file of all active sellers' permits to cities. Two
benefits accrue to cities: a) identification of sellers not in compliance with the City's
business license ordinances and b) identification of unregistered sellers in the City who
should be reporting sales tax.
I'" Other electronic data such as yellow page listings, fictitious business filings, etc.
Service Results
By implementing this agreement, City will: obtain state of the art software, improve efficiency
(thereby reducing City costs) and increase City revenues.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
PROGRESSIVE SOLUTIONS, INC
THIS AGREEMENT is made and entered into this day of 2003, by and between the
CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "CITY", and
Progressive Solutions, Inc., a California Corporation, hereinafter referred to as "PSI".
RECITALS
WHEREAS, the CITY desires to obtain professional services to augment CITY's revenue
enhancement and information efforts: and WHEREAS, PSI has the necessary professional
expertise and skill to perform such services.
NOW, THEREFORE, the purpose of this AGREEMENT is to retain PSI as a consultant to CITY
to perform those services specified in SECTION 1 of this AGREEMENT.
THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1
SCOPE OF SERVICES.
PSI shall assist CITY staff in implementing the CITY's revenue enhancement and information
efforts. To that end, PSI shall, upon direction of the City Clerk or designee:
. Collaborate with CITY staff to identify service priorities.
. Implement state of the art--business license/cashiering software
. Perform Transient Occupancy Audits
. Perform Business License Audits
. Perform cross checks using business license software and available data.
. With CITY staff prepare documentation or electronic transmission data for submittal to
SBE to correct misallocations, and follow-through to ensure that the SBE makes the
corrections.
. Augment CITY staff's knowledge of existing information systems and related data in
order to generate additional "audit leads" for both allocation and noncompliance
situations.
. PSI is expected to expand the opportunities for both CITY and PSI to realize additional
benefits from the other General Fund Revenues and Taxes. Each opportunity is to be
approved by CITY designee in writing.
Generally, PSI shall:
. Meet with CITY staff to affirm service objectives, scope and procedures, schedule
meetings and plan logistical matters.
. Represent the CITY for the purposes of examining agreements and records related to the
scope of this AGREEMENT.
. Develop compliance audit target lists with staff, which maximize the benefits to the CITY.
. Meet with designated CITY officials as necessary to review findings and
recommendations.
a . Provide monthly project status reports to CITY.
W"SI will at CITY's written request, assist CITY on an "as-needed" basis by providing technical
support on contract issues, tax issues and questions regarding estimated revenue on proposed
projects, revenue-sharing negotiations, budget projections, software systems, available audit
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PROFESSIONAL SERVICES AGREEMENT
programs, development disposition and development agreements and in other related areas as
_questions arise.
_ CITY may at its sole discretion assign to PSI additional, specific work in addition to the
described services (I.e. small claims representation). Compensation for additional work
assignments shall be mutually agreed upon by means of a written letter agreement.
PSI is expected to expand opportunities for both CITY and PSI to realize additional Revenue.
Each opportunity and PSI's compensation shall be approved by CITY in writinq prior to its
implementation.
Software license and maintenance fees documented in the Software License and Maintenance
Agreements, which are incorporated by reference herein, meals, lodging, postage and costs of
data obtained to identify non compliant businesses & individuals will be reimbursed and paid to
PSI from revenue recovered as a result of this agreement. All other normal and reasonable
expenses shall be paid by PSI.
SECTION 2
TERM OF AGREEMENT.
The term of this AGREEMENT shall be from 2003 to June 30, 2007, inclusive, subject to
the provisions of SECTION 11 of this AGREEMENT.
SECTION 3
SCHEDULE OF PERFORMANCE.
PSI shall commence work under this AGREEMENT within 10 days of execution of this
AGREEMENT. The estimated time for completion of the work to be performed by PSI under the
_AGREEMENT is June 30, 2007. The CITY, subsequent to June 30, 2007, may at its sole
_discretion renew this Agreement on an annual basis. Time is of the essence in this
AGREEMENT.
SECTION 4
COMPENSATION AND PAYMENT
As CITY budgets and funding remain tight, this agreement provides business license software
as part of backstop revenue enhancement services. As this agreement requires no budget
commitment by the CITY, ill! risk is absorbed by PSI.
CITY agrees to pay to PSI, compensation for and in consideration of the timely and faithful
performance and completion of all services set forth in this AGREEMENT:
1. (a) A Contingent Fee for Realized Benefits that are realized by the CITY due to PSI's efforts,
use of the cross referencing or BOE reporting capabilities of the licensed business license
software. Said software will facilitate follow-up notice processing. Realized Benefits shall mean
increased accounts receivable (excluding uncollectible accounts) to the CITY due to non-
payment and underpayment of a tax (including tax levy), recovery of tax payments made on
exempt purchases, reduction of prior, current and future accounts payable and the reduction of
future liabilities. When the terms of the municipal code in effect clearly require payment to the
CITY, should CITY elect to waive or exempt such payment for any reason, the City Clerk will
have 14 days from notification of realized benefits identified to modify the amount due. In such
case the contingency fee due to PSI shall be based upon the amount due determined by the
City Clerk. Otherwise the contingency fee due to PSI shall be based upon the amount due per
the municipal code. The contingent payment shall be due and payable upon the date of the
_decision.
-(b) The Contingent Fee shall be paid on actual Realized Benefits from deficiency recoveries
from eligible prior periods (plus associated charges for penalties and interest). Said recoveries
include amounts recovered, refunded, credited, or any other consideration received by the CITY
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PROFESSIONAL SERVICES AGREEMENT
in lieu or as a result of audits, licensed software or other PSI provided service. When PSI's
audits, licensed software or other PSI provided service result in the detection and correction of
errors/omissions that the CITY and PSI mutually agree will produce ongoing (rather than one
time) benefits, PSI's compensation shall be based upon Realized Benefits to the CITY during
the first twelve consecutive quarters following correction. Transient Occupancy, Business
License and other Audits shall be considered to be "one time" recoveries with Realized Benefits
which cover the audited periods (2 years back plus the current year). Newlv identified
businesses shall be considered to be ongoing recoveries.
(c) Payment for Realized Benefits shall require an invoice from PSI stating the nature of CITY'S
Realized Benefits (including taxpayer business license account numbers) and CITY approval for
each Realized Benefit.
2. 100% of the Realized Benefits shall apply toward the cost of the business licensing software
license, annual software support and expenses. For all funds recovered (Realized Benefits) in
excess of the cost of the software, support costs and expenses, PSI shall be paid the
Contingent Fee of 12.5% of Realized Benefits. In the event that costs are not fully recovered
within the first year, Realized Benefits in subsequent years will be applied to any remaining
balances.
3. These professional services as well as the licensed software are provided as a backstop audit
program to services currently provided by another vendor. It is fully understood and agreed that
in order for PSI to claim Realized Benefits that written documentation of each individual
error/omission must be related to taxpayer and/or responsible intermediary (i.e. state, board of
equalization, utility provider, etc) at least one full calendar quarter prior to location by the other
vendor. PSI agrees to facilitate attachment of a digital facsimile of such correspondence to
_ each account record including the correspondence creation/mailing date. In addition, PSI will
_ provide a mechanism for flagging vendor identified accounts. In the event of a conflict, CITY,
upon presentation to PSI of evidence of the conflict will receive credit for all amounts paid to PSI
which result from the conflict(s).
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SECTION 5
CITY'S OBLIGATIONS
To facilitate Revenue Enhancement audits and/or optimal utilization of the automated cross
referencing capabilities available within the business licensing software, the CITY agrees to
support PSI by providing or arranging to provide (to the best of its ability):
. Letters of introduction (as mutually deemed necessary)
. Venues for inviting targeted businesses for question & answer sessions regarding
scheduled audits.
. Requests for information (as required) from third parties (such as the state, county, trash
& utility companies, etc.) In the event that recovery funds are not adequate to fund
acquisition of AB63 data, for the first year, PSI agrees to forward funds to city for
payment of AB63 data within 7 days from presentation of an invoice for such data. Said
funds shall not exceed $1,500 and shall be reimbursed to PSI from Realized Benefits.
. Codes & ordinances covering each tax authorized by the CITY.
. Staff time required to obtain, import and process state franchise tax (AB63) and/or state
board of equalization (AB990) data into the licensed business licensing system.
With regard to Realized Benefit and Contingent Fees, the CITY agrees to:
. Arrange for invoicing responsible parties via the business licensing system for Realized
Benefits resulting from PSI's software or this service within 15 days of notification and
. Notify PSI of receipt of payment within 5 days of payment (Or allow PSI internet access
to such data) so that PSI may invoice the CITY.
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PROFESSIONAL SERVICES AGREEMENT
. Notify PSI within 5 days (Or allow PSI internet access to such data) from the date
Realized Benefits including, but not limited to, increased accounts receivable (including
tax levy), reduction of prior, current and future accounts payable and the reduction of
future liabilities take effect to the CITY's benefit.
. Provide PSI with all relevant information and progress reports received related to the
above Realized Benefits and payment. (Or allow PSI internet access to such data)
. Payment of PSI's invoice shall be made to PSI within 30 days from receipt of PSI's
invoice.
SECTION 6
INDEPENDENT CONTACTOR.
It is understood and agreed that PSI, in the performance of the work and services agreed to be
performed by PSI, shall act as and be an independent contractor and not an agent or employee
of CITY; and as an independent contractor, PSI shall obtain no rights to retirement benefits or
other benefits which accrue to the CITY's employees, and PSI hereby expressly waives any
claim it may have to any such rights.
SECTION 7
ASSIGNABILITY.
The parties agree that the expertise and experience of PSI are material considerations for this
AGREEMENT. PSI shall not assign or transfer any interest in this AGREEMENT nor the
performance of any of PSI's obligations hereunder, without the prior written consent of CITY,
and any attempt by PSI to so assign this AGREEMENT or any rights, duties or obligations
arising hereunder shall be void and of no effect.
e SECTION 8 INDEMNIFICATION,
PSI shall defend, indemnify and hold harmless CITY, its officers, employees and agent against
any claim, loss of liability arising out of or resulting in any way from work performed under this
AGREEMENT due to willful or negligent acts (active or passive) or omissions by PSI,
employees or agents. The acceptance of said services and duties by CITY shall not operate as
a waiver of such right of indemnification. This provision shall survive termination, completion or
expiration of this AGREEMENT. Said sums shall include, in the event of legal action, court
costs, expense of litigation and reasonable attorneys fees. The costs, salary and expenses of
the CITY Attorney and members of his office in enforcing the AGREEMENT on behalf of the
CITY shall be considered "attorneys fees" for the purposes of this paragraph.
SECTION 9
INSURANCE REQUIREMENTS.
PSI, at PSI's sole cost and expense, shall procure and maintain for the duration of this
AGREEMENT insurance against claims for injuries to persons or damages to property which
may arise from, or in connection with, the performance of the services hereunder by PSI, its
agents, representatives or employees. Said policy shall have at least a combined single limit of
$1,000,000 for bodily injury and property damage.
PSI shall provide CITY with a copy of certificate of such insurance.
SECTION 10 NONDISCRIMINATION.
a PSI shall not discriminate, in any way, against any person on the basis of age, sex, race, color,
,., creed or national origin In connection With or related to the performance of this AGREEMENT.
SECTION 11
TERMINATION;
Page 7
PROFESSIONAL SERVICES AGREEMENT
A. CITY and PSI shall have the right to terminate this AGREEMENT, without cause, by giving
e not less than thirty (30) days written notice of termination.
B. If PSI fails to perform any of its material obligations under this AGREEMENT, in addition to all
other remedies provided by law, CITY may terminate this AGREEMENT immediately upon
written notice.
C. The City Clerk is empowered to terminate this AGREEMENT on behalf of the CITY.
D. In the event of termination, PSI shall deliver to CITY copies of all reports, documents, and
other work performed by PSI under this AGREEMENT, and upon receipt thereof, CITY shall pay
PSI for services performed and reimbursable expenses incurred to the date of termination in
accordance with the terms and conditions of Section 4 hereto.
E. Because the services performed by PSI prior to termination may result in CITY's receipt of
revenue after termination and because this receipt of revenue entitles PSI to payment from the
CITY even after expiration of contract or termination, CITY agrees to provide to PSI subsequent
to expiration or termination of this AGREEMENT such information as is necessary to enable PSI
to calculate the compensation due to PSI as a result of this receipt of revenue by the CITY, and
PSI shall maintain the confidentiality of this information as required by the AGREEMENT. In light
of Revenue and Taxation Code Section 7056, PSI shall be deemed "under contract" subsequent
to expiration of contract or receipt of notice of termination from the CITY for the sole and limited
purpose of enabling PSI to have access to said information to calculate compensation.
e SECTION 12 GOVERNING LAW.
CITY and PSI agree that the law governing this AGREEMENT shall be that of the State of
California.
SECTION 13 COMPLIANCE WITH LAWS.
PSI shall comply with all applicable laws, ordinances, codes and regulations of the federal, state
and local governments. .
SECTION 14 CONFIDENTIAL INFORMATION.
All data, documents, discussions or other information developed or received by or for PSI in
performance of this AGREEMENT are confidential and not to be disclosed to any person except
as authorized by CITY, or as required by law. PSI agrees to be bound by all covenants
contained in the attached "CERTIFICATE OF CONFIDENTIALITY".
SECTION 15 WAIVER.
PSI agrees that waiver by CITY for any breach or violation of any term or condition of this
AGREEMENT shall not be deemed to be a waiver of any other term or condition contained
herein or a waiver of any subsequent breach or violation of the same or any other term or
condition. The acceptance by CITY of the performance of any work or services by PSI shall not
e be deemed to be a waiver of any term or condition of this AGREEMENT.
SECTION 16 PSI's BOOKS AND RECORDS.
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, .
PROFESSIONAL SERVICES AGREEMENT
A. PSI shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled
_ checks, and other records or documents evidencing or relating to charges for services, or
,., expenditures, and disbursements, charged to CITY for a minimum period of three (3) years, or
for any longer period required by law, from the date of final payment to PSI pursuant to this
AGREEMENT.
B. PSI shall maintain all documents and records which demonstrate performance under this
AGREEMENT for a minimum period of three (3) years, or for any longer period required by law,
from the date of termination, completion or expiration of this AGREEMENT.
C. Any records or documents required to be maintained pursuant to this AGREEMENT shall be
made available for inspection or audit, at any time during regular business hours, upon written
request by the City Attorney, City Clerk, or a designated representative of any of these officers.
Copies of any such documents shall be provided to CITY for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at PSI's address indicated for receipt of notices in the AGREEMENT.
D. Where CITY has reason to believe that such records or documents may be lost or discarded
due to dissolution, disbandment or cessation of PSI's business, CITY may, by written request by
any of the corporate officers, require that copies of all written records pertaining to CITY be
provided to CITY within 10 days from the date of the written request.
E. Any information contained in, or derived from, States Sales and Use Tax records furnished by
the State Board of Equalization of State Franchise Tax Board are and shall remain the sole
_ property of the CITY.
,., SECTION 17 NOTICES.
All notices and other communications required or permitted to be given under this AGREEMENT
shall be in writing and shall be personally served or mailed, postage prepaid and retum receipt
requested, addressed to the respective parties as follows:
CITY:
City Clerk of the City of San Bernardino
PSI:
Progressive Solutions, Inc
300 N "D" Street
San Bernardino, CA 92418
P.O. Box 783
Brea, CA 92822
Notices shall be deemed effective on the date personally delivered or, if mailed, three (3) days
after deposit in the mail.
SECTION 18 PRIOR AGREEMENTS AND AMENDMENTS.
This AGREEMENT, including all Exhibits attached hereto, represent the entire understanding of
the parties as to those matters contained herein. No prior oral or written understanding shall be
of any force or effect with respect to those matters covered hereunder. This AGREEMENT may
only be modified by a written amendment duly executed by the parties to this AGREEMENT.
EXECUTED as of the day and year first above stated.
e CITY OF SAN BERNARDINO
By:
PROGRESSIVE SOLUTlONS@
By:
Page 9
Title:
_Date:
PROFESSIONAL SERVICES AGREEMENT
Title:
Date:
_
_
Page 10
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CERTIFICATE OF CONFIDENTIALITY
The following conditions specified in Section 7056 (b), (1) of the State of California Revenue
and Taxation Code are hereby made part of this AGREEMENT entered into by and between
CITY and PSI:
A. PSI is authorized by this AGREEMENT to examine sales and use tax records of the State
Board of Equalization provided to CITY pursuant to contract under the Bradley-Burns Uniform
Sales and Use Tax Law.
B. PSI is required to disclose information contained in or derived from those sales and use
tax records only to an officer or employee of CITY who is authorized by resolution of the City
Council to examine the information.
C. PSI is prohibited from performing consulting services for any retailer doing business in
CITY during the term of this AGREEMENT.
D. PSI is prohibited from retaining the information contained in, or derived from, those sales
and use tax records after the AGREEMENT has expired.
Information obtained by examination of Board records shall be used only for purposes related
to collection of local sales and use taxes or for other governmental functions of CITY as set
forth by resolution adopted pursuant to Section 7056 (b) of the California Revenue and
Taxation Code.
The resolution shall designate PSI as a person authorized to examine sales and use tax
records and shall certify that this AGREEMENT meets the requirements set forth above in
Section 7056 (b) (1) of the California Revenue and Taxation Code.
PSI hereby certifies that any and all information utilized in the conduct of work performed is to
be utilized only for this purposes authorized by CITY and by the Bradley-Burns Uniform Local
Sales and Use Tax Law.
PROGRESSIVE SOLUTION~
By:
jL ~ !I~
Title:
Date:
President
6/24/2003
Page 11
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SOFTWARE MAINTENANCE AGREEMENT
I. INTRODUCTION.
e
Proercssivc Solutions, Incorporated. ;J California corporation herein :Iller referred to as "Licensor" :J.nd Cit;. u: San
lkr;larumo. J. municipal corporation. herem ;lIter referred In as "LICensee" agree to the following lcnns and conditl\lIb
II. NATURE AND DURATION OF SUPPORT.
Licensor IS In the business of providing soflw;.lfI': support services; Licensee deSires to obtain softw;Jfc surrort scniccs
for the Licensed software specified in section \' This Agn:ement provides for service only during IlOnllal business hours
and shall c:>.:plrc at 5:00 PM P;lciiic SlanuJrd Time un tJ6/JO!200-4 unless renewed as set fonh bdo\\ LICCINlf rC:iLT\CS
the fight to prorate the SOftw;lfI: support fee and provide morc or Jess than om: yt:ar of coverage 5tl that subsequent
Sui"tw;m: t\bHl1ellJ.llce Agre<:lll<:nts cxpir<: on JUIl<: 30'1'. Unless wnllcn rootlCC of tcnninJ.t1on h~.b been prO\ IJeo h:
Llcensce 10 Llccnsor no l:lter than ~U days prior to expIration of thiS support servIccs Jgreemcnt, thiS '\grc<:l11o.::1t sl1J.11
~lutOI11atIe;l]ly ro.:ne\\ for;ln additlonJI yo.:J.r J.t th<: support rJlC in effeet Jt that tllllo.:
III. LICENSEE'S RIGHTS AND OBLIGATIONS
aJ Li..:emee Jurlllg the term of this SoftwJrc \laintcnanee Agreement Jlcrein:lfter referred to as 'Softw:lre Suppon',
will d\'signall,' one employee:ls :l primary cont:lcl for each software sySkl1l, Addition:l] contacts Illay be deslgn:ltcd up to
the number defined lInd<.:r S<.:..:tiol1 \ These 'Soflware Support' contacts should know the system, lIse the SySte:lll, and be
respi.lIlsibk fi.lI" the results of the system, These persons shJll also provide: the initial interfJ...:e with Licensor's support
personnel. accept softwJre updates and arr:lnge for software update installation. Licensee accepts and underst;}nds that if
sofiw;}re lIpgrJdes ;lre not installed within six (6) months from receipt or w'ithin six (6) months from the release date
\\hicbe\'Cr is earlier, Licensor will be under no obligation 10 continue any 'Software Support' se[',ic('s
b) Llcens('e agrees to implement corrections to known software probkms, which ha\'\~ been identifie:d as necessary
by Licensor. FJiJure to implement those: id('ntified softwar(' corrections shall relieve Licl.:nsor fwm Jny and ;:111 'Software:
Suppon' responsibilities, In such event. any subsequent serviccs will only be provided on an e:mergenc~ time J.lld
materials bJ.sis
e
c) Liccnse(' agrees to pro\'ide Licensor with access to the licensed software and data for the sok purposc of
providing technical suppon. As a result. Licensee agrees a) to maintain a working connection to the inkmel. b) 1O pemlit
access through ;J11y router/firewall of at least one Licensor static IP address or to pennit a Vinual Private )\et\\-ork-VPN
connection to Licensee's network and c) to allow access to a technical suppon requestor's workstation \'ia Microsoft"s
Netmeeting-B, pcANYWHEREJ'l or Citrix), In addition, Licensee agrees that all designated workstations sh31] meet the
following minimum requirements Pentium 400mh or faster processor, Windows 95,/98.'!\IE1'\T.'~OUO'2003 or XP, 3nd
completed installation of (licensed software, NetmeetingJi, PCAnywhere-R, Microsoftp; Access!!: andor ~licrosoli./i SQL
tools), Remote uccenfor technical support;s "ot al'ui/ahle v;a modem, In the event Licensor de:ems such r('lllote access
necessary, Licensor shall request conlinnation that required access (on(' of the options listed above) is available, Upon
receipt of such confirmation, Licensor shall attempt remOte access. If remote ;lccess is not functional despitc Licensee's
contlrnlation of functional remote access, Licensor sh311 pro\'ide remote access \'erification set"\'lces fr<:e of charge for
one time during each annual agreement, Should Licens('e require remote access \e:riflcation sct"\'iccs in e:xe~'ss ofth(' one
li-('e s('[',ice, Licensee will request approval for payment prior 10 providing remote access verification The r\'l1lote access
vcrification fe(' compensates Lic('nsor for assistance in selling up and verifying rcmote access operation ]n the e\'Cnt
remote access is not and will not be available in the course of Licensor's attempts to prOVide 'Software Surpon' seniees,
Licensee understands that Licensor's J.bility to provid,e suppon will be se:verely limitcd, Should Licens..:1.: de:sire:
emergency suppon, on-site suppon services are a\'aibble at Licensor's currcnt suppOI'! rJtt." plus cxpenses for e:ll:h partial
or full day requirc:J!() provid(' 'Software Support' services
d) Licc:nsee understands Jnd aeknol\'ledges that network perfomlance is solely tbe responsibijity of Licensl.:\'
Should any questions arise as 10 whether a perfom1ance issue is software or network related. Licensee: agrees to isoJat<:
the ~ppropriate v.'orkst3tions ~ll1d ser\'ers on one hub or switch :lnd to test the Licensed softwJ.re in ~n environment 101~1I:
s<::pJ.rate from any :lnd J]] other network comlllunications Reque:slS fur pcrformanct." truublcshol1tin!:, In \\hich Li":l.:nsor
colie:..:ts fJ.ctual data and sllbseque11l1~ pn:sents a detenninalion that perfonmnce issue:(s) is are n~'t\I'ork related \\ill b..:
bi]led :It the rates in effect at the time ofser\'ice
e) Licensee assumes any ;lnd all responsibility and liability for 1) any modi/ication to the: Licensl.:d sllfiware anuor
database structure not made by Licensor and 2) any modification to the Licensee's data which is not mJ.de by Licensor or
the Licensed software If. after providing corrective maintenance, Licensor de:te:nnines that an error umdlllon is not J
Licensed software error or that the error condition results from either condition 1 or 2 abon:, Licms..:<.: agrees lO pa~
Licensor for the reasonable ser\'ices so provided at the rates in effect at thc time of ser\'ice plus reJsollablc expenses
IV. LICENSOR'S RIGHTS AND OBLIGATIONS
(a) During thl.: tcrm of thi~ agrecl11el1l, Llce:nsur shall prO\'ide: Licensel.: with un]illlil..:J tckphuI1C .',UP]1\1l1 sel'\'i..:e:s
relating to sotiware fixes and the dtssemination of worbround solutlons, In addition. Lic..:nsor shall pro\'ide Licensel.:
with any updates and'or minor enhancements to Licensed software, which may bccomc availabk from Licensor without
additional charge For 1l1ulti-us('r Lice:nse:s, Licensor will send one copy of the digital media (the licensed Jrplicatiol1l
per relcJse cycle to Licensee's designated representative, This person \vill distribute copies of the Licensed so!'twJre to
those rcspotlsibk for Jny additional Licenscd computer systems,
e
(b) Dunng the tern] of this agreement, Licensor shall provide Licensee with limited voice, facsimile, mtem('t, and
mail communications as appropri;lte for training related support, Training support is ddined as providing infonmtion to
cunent and prospccti\ c users of the Licensed software on opcrationa] or fUllcl10nal aspects de filled in the CUIlTnt use:r
documentation, This support sba]] be provided to the person designatcd by Licensel.: (or an alter11Jte in th..: absencc ofth('
Jcslgnatcd caller) The designec sh~1I know the Licensed software, use the Licensed software Jnl! be r<:spon:;ible for the:
re:sults of thcll' efforts Training I-elat('d support in excess of fiftet."n (15) minute:s per cJ.]J will be billed J.t thl.: r:lle in dlec!
at the time of service: Prior 10 and JS a condition of Licensor's right 10 bill for training services, Liccnsor shJl1 inl'orm
-\GSO!-T\lTI is)
I'Clg..:
SOFTWARE MAINTENANCE AGREEMENT
Licensee that Ih"" free trainmg support is o\'er and th:n any additional training will be billable. Lin:nsor I'C\lT\\:\ the n~nl
1,1 1II111t til,; llulllbn :lIlJ the JuralJul1 Uflhcsc o,;(1I11l11UIlJ<.:all\lJ1S
e
{':) Nuthing containeu in lhls Agn::cm..:nl shall be o.:oll\lrucd to obligate Licensor to pro\idc anj scnl\':cs \,haboc\\:r
SubSci..JUml (olhe c:\plrallon of this Agreement or any sub~cqucnl rcncv.al~ of this Agreement. Upon explrallon oj this
Agreement, LH.:cnscc I1lJY purchase continued 'Soft",Jrc Support' scr\lCCS on an annu;J] basis The pricc(s) spc~jfl'~J ll,
sc.;lJon V is (are) the current prlce(s) for 'So!iw:J.re Suppon' sentecs LIcensor reserves the righllo change the anllu;:Li
St)iiWall: support fee at :ll1Y lime Until fd007, any such r:llC ch:mgc shall not exceed 10"" Licensor agrees to proviJo>
.It ka~t JU Ja)s prJOr \\rJtt..:n nUlIfic:.lll11n pllur to Illlpkm..:ntallull 01 an) ll:c cn:mg..: Any Ic<.: ;.:hangc sh~.dlno( Dc
eilcCli\c Lllllil thc lirst dJ) ofJny annual eXlenSlon
V. SUPPORT FEES AND PAYMENTS
I'Jyment for 'Soliw:!rc Support' services will be 1l1J.de in J.ccord with the tenns specified in thc ProfessionJI Senices
Agreemenl for RC\l~nue Enh:lIlcelllcnt Servic..:s which is incorporated by referellee herem
Licensed Software
LicenseTrack™ Software 10 User License
Ca$hierCentral Software License -2 Re ister
Annual Su Dort Fee
$8,800
$1,200
Prorated Fee
VI. GENERAL PROVISIONS
tal Tho.: Licenso.:d softw:lre is subJl.'ct to design Jnd operational ch:.lnges to allm\ for the use of l1e\\ teehnuloglcs :.lnJ
W corn;d known bugs as they are brought to the ,mention of the Licensor. either by the Licensor's own qualll) -control
1l1l.:chJnisl11s or by the Llccnst:e
(b) Licensec acknowledges that the Licensed software is of such complexity that it may have inherent defects ~md
~jgn:es lhJ.t J.s Licensor's sole liability for such inherent defects and as Licensee's sole remedy for such inherent defects,
Licensor will pm\'ide, dunng the It:n11 of this Agreement, all reasonable maintenJ.nce sen'lccs 10 correct docume~ted
programming or documentation errors reponed by Licensee which Licensor's diagnosis indicates art: caused b) :J. defect
111 an un,:lIten:d \ersion of the delivered Licensed software
e
(cl Licensee acknowledges thJ.t J.nnual software maintenance is designed to ensure qUJ.lity support for all users of
bulh Licensed soflware and fonm designed, created and"or maintained by Licensor as part of the released software
Licensor utilizes Seagate's Crystal Repon Wriler'\1 to create most repons and fonns To ensure ll1J.ximum flexibility,
CuSlomers are provided with the option to design, create and maintain additional fonns. mailings, andor reports,
Li..::ensor's annual software maintenance does not include the provision of technicJ.1 suppor! for user written cUS!0ll1ized
en'slal Reonnsl\1_ However, Licensor is pleased to offer suppon on a cost per incident basis
(d) All doculllt:ntJ.lion, progrJ.l11ming andior modifications shall be delivered via remote telecommunicalions from
Licensor's place of business, 10 or through the Licensee's computer, Licensor shall.!lQ! provide Licensee with possession
of any' tangible personal property such as storage media, Licensee shall reimburse Licensor for any stale and or local
requirements, which Licensor must meet or obtain to provide sen'ices under thIs Agreement (e,g. business licenses,
addilional insured statements, s:lles lax etc.).
(e) This Agreement J.nd any wrinen modifications, amendments or addenda. executed pursuant 10 tillS Agreement
constitute tht: t:ntire agreement between the parties and supersede all negotiations and otht:r proposJ.ls, oral or wrillen, J.nd
all previous and current negotiJ.tions and other communieJ.tions between the pJ.rtles. The obligations set forth in this
Agreement shall bt: ..::onslrued in accordance with and governed by the Jaws of the StJ.te ofClIifomi;l This Agreement
may be signed in several counterparts, each of which shall be deemed ;In Original
(I) Any CllntrO\ers) or claim arising out of or rebting to this Agreement or the bre:lch thereof. 111;1:- be settled b)
arbitr;Jtion. if agreeJ.ble to both panics 111 accordance \\-jth the rules of the American Arbitr~llion ASsOCIJlit1n, ~lllJ
Judgment upon the J.ward rendered by the JrbllratOl'(s) may be entered in any court ila\'ingJurlsdiclion thnelll
(g) Any chJ.nge or revision to the tenm J.nd conditions bereof shall be made by writt<=n amendment and sh:!!! be
execuled by persons authorized to du so by the respecti\.e parties ~o changes in specifleation~, requcsted or suggested
by either pan), sh:!ll be t1l:.lde e:\...:t:pt b;. wrinen agreement ofbuth panics.
VII. EXECUTION
Effective this
day of
,2003
Licensor.
Licensee:
Progressive Solutions'"
P O~Bo."\ 783
Brea CA 91821.07153
City of San Bernardino
300 l\onh '0' Street
San Bernardino CA 914] S
e
AuthorlLed Ro.:presentatl\l;
(714l(,71-1597
Authori,ed Representatlvc
Phone Number (Type or Prm!l
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SOFTWARE LICENSE AGREEMENT
I,
INTRODUCTION
Progressive Solutions, Incorporated, a California corporation herein after referred to as 'Licensor'
and City of San Bernardino, a municipal corporation, herein after referred to as 'Licensee' agree
to the following terms and conditions,
II. NATURE AND DURATION OF LICENSE
a. Licensor hereby grants and Licensee accepts a non-exclusive and non-transferable license to
use Licensor's database structure and corresponding software for the product(s) listed in section
XII using MicrosoftE SOL Server@ as the data base engine. Licenses for SOL software are not
Included In this license agreement, but may be purchased separately via purchase order.
b. Except as otherwise provided in Section XI(d), the term of this License commences upon the
date on which Licensor first delivers Licensed software to Licensee, and ends upon expiration of
either the attached Software Maintenance Agreement or subsequent renewals of the Software
Maintenance Agreement which are incorporated by reference herein. Upon expiration or
termination of the Professional Services Agreement for Revenue Enhancement Services or
subsequent renewals of the Professional Services Agreement for Revenue Enhancement
Services which are also incorporated by reference herein, the license for all Revenue
Enhancement features contained within LicenseTrack will also end.
c. Licensor agrees that Licensee may install the Licensed software or any part or module thereof,
on any number of computers; however, Licensee agrees that no more than the number of users
specified in section XII will concurrently access said software. Licensee acknowledges that in
order to use Licensed software products for day to day operations by more than the number of
users specified in section XII, Licensee must obtain a software License upgrade from Licensor.
Licensee further acknowledges that technical assistance may be required for the Licensed
software to function as a result of hardware changes/migration.
III. OWNERSHIP AND TITLE
a. Title, including but not limited to all rights in Licensor's patents, copyrights, trademarks,
proprietary information and trade secrets shall remain vested in Licensor. No title to or
ownership of the object code, reference material, or any of its parts, is hereby transferred
to Licensee. Licensee's rights shall at all times be subject to the patents, copyrights,
trademarks, proprietary information, trade secrets and use restrictions contained in this
Agreement. Any additions, modifications or enhancements made by Licensee or by a third party
on Licensee's behalf shall not create any rights to the Licensed software and shall not relieve
Licensee of its obligation to protect the proprietary nature of the Licensed software.
b. Licensee agrees that additions, modifications or enhancements to the Licensed software which
may be developed for Licensee through the reimbursed or unreimbursed efforts of Licensor's
employees or agents, whether or not in conjunction with Licensee's employees or agents, shall
be the exclusive property of Licensor. Licensee shall have no title, ownership, right to
royalty or income or any other ownership rights in such additions, modifications, andlor
enhancements.
c. Title, ownership and control of Licensee's data shall be retained by Licensee.
IV, LIMITED WARRANTY
a. Licensor warrants that it has developed, owns, andlor possesses all rights and interests in the
Licensed software necessary to enter into this Agreement.
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SOFTWARE LICENSE AGREEMENT
b. Except as expressly stated herein, Licensor makes no warranties, express or implied,
concerning the products covered by this Agreement, including all warranties of
merchantability and fitness for a particular purpose.
c While Licensee maintains a Software Maintenance Agreement, herein after referred to as
'Software Support', Licensor warrants the Licensed software shall materially conform to the
specifications contained In the accompanYing wntten matenals and execute under Microsoft
Windows~ 95, 98, ME, NT, 2000, 2003 & XP. The initial 'Software Support' period shall
commence on the date the software is delivered to Licensee.
V. LIMITATION OF LIABILITY
a Licensee acknowledges that the Licensed software is of such complexity that it may have
Inherent defects and agrees that as Licensor's sole liability and as Licensee's sole remedy,
Licensor will provide, while Licensee maintains 'Software Support', all reasonable software
maintenance services to correct documented programming or documentation errors reported by
Licensee which Licensor's diagnosis indicates are caused by a defect in an unaltered version of
the delivered Licensed software. Licensee assumes any and all responsibility and liability for 1)
any modification to the Licensed software andlor database structure not made by Licensor and 2)
any modification to the Licensee's data which is not made by Licensor or the Licensed software.
If, after providing corrective maintenance, Licensor determines that an error condition is not a
Licensed software error or that the error condition results from either condition 1 or 2 above,
Licensee agrees to pay Licensor for the reasonable services so provided at the rates in effect at
the time of service plus reasonable expenses.
b. Licensee agrees that Licensor shall not be responsible for any loss or damage to Licensee, its
customers, or any third parties caused by failure of the products furnished hereunder to function.
c.
In no event shall Licensor be liable for any special, indirect, incidental, or consequential
damages to the full extent such may be disclaimed by law, arising out of or relating to this
Agreement or the Licensed software, whether or not Licensor has knowledge of the
circumstances surrounding such damages. In addition, Licensor's liability to Licensee for
direct damages arising out of or relating to this Agreement or the Licensed software shall
in no event exceed the amounts actually paid by Licensee toward the License fee set forth
in section XII.
VI.
INDEMNIFICATION
Licensee agrees to indemnify and hold Licensor harmless against any and all loss or damage in
any way arising out of or in connection with products furnished hereunder, or by any failure of the
products to function, in whole or in part. Licensor assures the Licensee that, to the best of its
knowledge, the information and services to be supplied by it pursuant to this Agreement do not
infringe upon any patent, copyright, or trade secret. In the event any legal proceedings are
brought against the Licensee claiming that any information or services of Licensor constitute an
infringement of a patent, copyright, or trade secret, Licensor agrees to defend at its sole cost and
expense including attorney fees, any such legal proceedings against Licensee and to indemnify
and hold Licensee harmless from any damages incurred or awarded as the result of settlement or
judgment against the Licensee, provided Licensee gives Licensor prompt written notice within
thirty (30) days from Licensee receipt of actual notice of any such claim or of the institution of any
such claims against it and further cooperates completely with Licensor in providing all necessary
authority, information, and reasonable assistance to enable Licensor, at its option, to settle or
defend such claims. Licensor has no other express or implied warranty of non-
infringement or liability for infringement or any damages there from.
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SOFTWARE LICENSE AGREEMENT
VII.
LICENSEE'S RIGHTS AND OBLIGATIONS
a. All material comprising the Licensed software furnished to Licensee shall carry notices of
Licensor's propnetary, trade secrets and copyrights pnnted on all reference matenal supplied and
affixed to each media container.
b. Licensee will preserve the confidential nature of the Licensed software and will not make copies
of the Licensed software and/or related media, including partial copies or updated versions
thereof. except for internal reference, archive or backup purposes.
c. Because of the confidential nature of the software and any accompanying documentation
supplied under this Agreement, it is agreed that the Licensee will not sell, give. or lease the
software or any of the confidential information or capabilities of the provided software to any other
firm or person or group without the express written approval of Licensor, and Licensee will further
use its best efforts to maintain the security thereof. Upon termination of usage, Licensee agrees
to acknowledge destruction of, or to return the software and all related material. Licensee agrees
that the software furnished by Licensor and all copies and versions thereof made by the Licensee
are and shall remain the sole property of Licensor. Licensee agrees to include Licensor's
propnetary notice on all copies, in whole or in part, and in any form made by the Licensee except
copies made for back-up purposes. It is agreed, however, that such information and capabilities
which Licensee can show to be In its possession prior to receipt of any disclosure by Licensor
shall not be subject to the provisions of this paragraph.
d. Customlzatlon of the Licensed software shall be limited to modifications and enhancements that
will not limit Licensor's ability to support the product through standard releases.
e. Licensee will designate one employee as a primary contact for each software system. This
software support contact should be one who has been trained on the system, uses the system,
and Is responsible for the results of the system. This person shall also provide the Initial interface
with Licensor's support personnel, accept software updates and arrange for software update
installation.
f. Licensee agrees to implement those corrections to known software problems that have been
identified as necessary by Licensor. Failure to implement those identified software corrections
shall relieve Licensor from any and all 'Software Support' responsibilities. In the event Licensee
fails to implement identified software corrections, any subsequent services will only be provided
on an emergency time and matenals basis.
g. Licensee agrees to provide Licensor with access to the Licensed software and data for the sole
purpose of providing technical support. As a result, Licensee agrees a) to maintain a working
connection to the internet, b) to permit access through any router/firewall of at least one Licensor
static IP address or to permit a Virtual Private Network-VPN connection to Licensee's network
and c) to allow access to a technical support requestor's workstation via Microsoft@'s
Netmeetlng@, pcANYWHERE" or Citrix as specified in the Software Maintenance Agreement In
addition, Licensee agrees that all designated workstations shall meet the follOWing minimum
requirements: Pentium 400 or faster processor, Windows@ 95/98/ME/NT/2000 or XP, and
completed installation of (licensed software, Netmeeting@, PCAnywhere@, Microsoft" Access.
and/or Microsoft" SQL tools). Remote access for technical support is not available via
modem,
h. Licensee understands and acknowledges that network performance is solely the responsibility of
Licensee. Should any questions arise as to whether a performance Issue Is software or network
related, Licensee agrees to Isolate the appropriate workstations and servers on one hub or
switch and to test the Licensed software In an environment totally separate from any and all other
network communications. Requests for performance troubleshooting (such as speed and network
connection issues) in which Licensor receives prior written authorization to collect factual data
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SOFTWARE LICENSE AGREEMENT
and subsequently presents a determination that performance issue(s) is/are network related will
be billed at the rates in effect at the time of service.
I.
Upon expiration pursuant to section II or demand by Licensor made pursuant to section X hereof.
Licensee shall discontinue use of Licensor's software and at Licensee's expense, shall return the
system reference materials by delivering them or causing them to be delivered, within ten (10)
days after such expiration or written demand, in the same condition as when delivered to
Licensee, reasonable wear and tear excepted, to Licensor at Licensor's then current address.
VIII.
LICENSOR'S RIGHTS AND OBLIGATIONS
a
While Licensee maintains 'Software Support', Licensor shall provide Licensee with any updates
and minor enhancements to Licensed software which may become available from Licensor as
provided for in the corresponding Support Maintenance Agreement.
b.
While Licensee maintains 'Software Support', Licensor shall provide the Licensee with voice,
facsimile, modem, and mail communications as provided for in the corresponding Support
Maintenance Agreement.
c.
Nothing contained in this Agreement shall be construed to obligate Licensor to provide any
services whatsoever to any Licensee who fails to maintain 'Software Support.
IX.
LICENSE FEES AND PAYMENTS
a. All fees will be paid from funds recovered under the Professional Services Agreement for
Revenue Enhancement Services. Licensee is authorized to use the Licensed software by no
more than the number of users specified in section XII while a Professional Services Agreement
for Revenue Enhancement Services is in effect and/or the software license and maintenance
fees have been paid.
b. in the event that subsequent to the execution of this Agreement additional software is desired,
the notice referencing this Agreement from Licensee to Licensor will serve as an addendum to
this Agreement and all provisions of this Agreement will apply for the requested products or
services. To avoid conflicting terms arising out of the integration of this Agreement. resulting
purchase orders, letters and confirmation, the parties agree that the terms agreed to herein shall
not be subject to change by either party unless both parties consent to the proposed change in
writing. Should any conflict arise with any other unilateral writings of either party, this Agreement
will govern.
c. All documentation, programming and/or modifications shall be delivered via remote
telecommunications from Licensor's place of business, to or through the Licensee's computer.
Licensor shall not provide Licensee with possession of any tangible personal property such as
storage media. Unless otherwise stated, all fees are exclusive of state and local use, sales,
property (ad valorem) and similar taxes. Such taxes, when applicable, will appear as separate
items on Licensor's invoice. in addition, Licensee shall reimburse Licensor for any state or local
requirements which Licensor must obtain to provide services (i.e. business licenses, additional
Insured certificates, etc.).
d. Hardware and Licensed software shall be deemed accepted by Licensee upon a) receipt of
hardware and/or Licensed software and b) delivery of a signed acceptance statement to Licensor
or continued and successful use by Licensee of the hardware andlor software for 30 consecutive
business days in the ordinary course of business. Payment for software modifications required as
a condition of software acceptance shall be due no later than fifteen (15) days from the date of
execution of this Agreement. Any expenses billable to the Licensee will be limited to customary
reasonable travel, ground transportation or rental auto fees, lodging, and meal expenses and will
be billed as incurred and due on a 30.day net basis. No expenses will be billable to Licensee
without Licensee's prior approval except as specified in section V-a.
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SOFTWARE LICENSE AGREEMENT
X.
DEFAULT
a. In the event Licensee fails to comply with its obligation to make payments due hereunder or
Licensee fails to exercise due care with regard to its obligations under this Agreement. and has
not remedied such default within 30 days from the date of written notice by Licensor, then
Licensor shall be entitled to terminate this Agreement and Licensee shall immediately discontinue
use of software and return the software and all related copies, modifications or versions thereof.
b. In the event of default, Licensor shall be entitled to exercise anyone or more of these remedies:
(1) Upon 30 days written notice Licensor may terminate this Agreement and accelerate all
amounts due and unpaid hereunder such that all amounts will become immediately due and
payable; (2) Licensor may allow the Licensed software to expire without demand or notice.
without court order or other process of law, and without liability to Licensee for any damages
occasioned by such expiration of the Licensed software ; (3) Licensor may pursue any other
remedy available at law or in equity, including injunctive relief.
XI. GENERAL PROVISIONS
a. This Agreement and any written modifications, amendments or addendum executed pursuant to
this Agreement, constitute the entire agreement between the parties and supercede all
negotiations and other proposals, oral or written, and all previous and current negotiations and
other communications between the parties. The obligations set forth in this Agreement shall
survive termination of this Agreement and shall be construed in accordance with and governed
by the laws of the State of California. This Agreement may be signed in several counterparts,
each of which shall be deemed an original.
b. Waiver of strict performance of any provision of this Agreement shall not be deemed a waiver nor
shall it prejudice the waiving party's right to require strict performance of the same provision or
any other provision in the future unless such waiver has rendered future performance
commercially impossible.
c. Neither this Agreement, nor any rights or obligations hereunder, may be assigned to any third
party without the prior written consent of the other party. Such consent shall not be unreasonably
withheld.
d. All of the respective duties and obligations of the parties hereunder shall be binding on their
respective successors and assigns, and any corporate or other entities with which they may
merge or consolidate. Should 'Software Support' cease to be offered, the term of this software
license shall become perpetual. .
e. All notices, including notice of termination provided for hereunder, shall be delivered to that party
in writing at the respective party's address indicated on the following page. Notice shall be
sufficient if sent by first class mail; such notice shall be deemed to have been received by
addressee seventy-two (72) hours after deposit thereof in the United States mail.
f. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, may
be settled by arbitration, if agreeable to both parties, in accordance with the rules of the American
Arbitration Association, and Judgment upon the award rendered by the arbitrator(s) may be
entered In any court having jurisdiction thereof.
g. Any change or reVISion to the terms and conditions hereof shall be made by written amendment
and shall be executed by persons authorized to do so by the respective parties. No changes in
specifications, requested or suggested by either party, shall be made except by written
agreement of both parties.
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SOFTWARE LICENSE AGREEMENT
h. In the event that anyone or more of the provisions contained in this Agreement should be found
to be invalid, illegal, or unenforceable in any aspect, the validity, legality, and enforceability of the
remaining provisions contained herein shall not in any way be affected or impaired thereby.
XII. LICENSED SOFTWARE
Product Name License Fee and Proposed Hardware
LicenseTrack'" Software 10 User $22,500
License $9,000
Ca$hierCentral Software License -2
Reaister
XIII. EXECUTION
Effective this
day of
,2003
Licensor:
Licensee:
PROGRESSIVE SOLUTIONS, INC.
POBOX 783
BREA CA 92822-0783
CITY OF SAN BERNARDINO
300 NORTH '0' STREET
SAN BERNARDINO CA 92418
Authorized Representative
(714) 671-1597
Authorized Representative
Phone Number (Type or Print)
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bemardino.ca.us
""
July 23, 2003
Mr. Glenn Vodhanel
Progressive Solutions, Inc.
P.O. Box 783
Brea, CA 92822
Dear Mr. Vodhanel:
At the Mayor and Common Council meeting of July 21, 2003, the City of San Bernardino
adopted Resolution 2003.204 - Resolution authorizing the City Clerk to enter into a professional
services agreement. software license agreement, and software maintenance agreement with
Progressive Solutions, Inc., to install LicenseTrack and CashierCentral software to replace the
Business Registration Division's licensing system and to provide revenue enhancement services.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 90 days, or by October 20, 2003.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
,.,'....< ;
, .
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
\
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 29,2003
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-204 - Progressive Solntions, Inc.
CC:
Attached is a fully executed copy of the agreement between the City and Progressive Solutions,
Inc., for installation of software to replace the Business Registration Division's licensing system.
The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
,
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
eM
July 29,2003
Mr. Glenn Vodhanel
Progressive Solutions, Inc.
P.O. Box 783
Brea, CA 92822
Dear Mr. V odhanel,
Enclosed for your files is a fully executed copy of the professional services agreement, software
license agreement and software maintenance agreement between the City of San Bernardino and
Progressive Solutions, Inc., for LicenseTrack and CashierCentral software for the Business
Registration Division.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely,
/)'
" ", /" /' ..-
".>{(' f::,/ L L....
-. ,,, '-,,-.
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountahility . Respect for Human Dignity' Honesty
1-
".
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): f) . 2Jo-C -';, Item # \ 0
Vote: Ayes i - 'I Nays ~:r
Change to motion to amend original documents:
dC03JOLr
Absent.o.
Resolution #
Abstain~::
Reso. # On Attachments: L- Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 'I- Z 3"("'::-
Date of Mayor's Signature: 'I J~'(' )
Date ofClerklCDC Signature: ;1.) II -co ;',
Null/Void After: q 0 0(.>'1.:0 J It> zc) ()-~
By:
Reso. Log Updated:
Seal Impressed:
./
,/
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60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ." / Date Returned: f) - 9 iI-"'3
See Attached:
See Attached:
Date Memo/Letter Sent for Signature:
. )-:? '.3 (:'_3
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92.389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes.--L No ByL
v' I
Yes No By i
~ -r--
Yes No / Byl
~
.I J
Yes No r
I
Yes No f
~ y~
EDA
Finance ,/
MIS
Others:
(", (Lt." K
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,)
Ready to File: _
Date:
Revised 01112/0 I