HomeMy WebLinkAbout16-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie Ross, Director
Subject: Resolution 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.
Dept: Development Services
Date: Jan 30, 2008
MlCC Meeting Date: Feb. 4, 2008
Synopsis of Previous Council Action:
January 7, 2008 - The Mayor and Common Council of the City of San Bernardino adopted
Resolution 2008-1 authorizing the City Manager to execute purchase agreements with Accela
Inc. and CDCE Inc. for the purchase of software and hardware for the automation of
development processes.
Recommended Motion:
Adopt Resolution.
VdPUv v. ~
Valerie C. Ross
Contact person:
InC:PJ'h T P~C:P, 'Rl1ilAing Offi...iSlll
Phnn... pvt .c;171
Supporting data attached: Staff RptlResolutionl Aw~ment
Ward: All
FUNDING REQUIREMENTS: Amount: no additional costs
Source: (Acct. No.)
( A ~rt npc:rriptinn)
Finance:
Council Notes:
~pp!r.r.Pt'r1Pr1t~5
Agenda Item No. J 6
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute a revised consultant services agreement with Accela Inc. for the
purchase of software for the automation of development processes.
Background:
The Mayor and Common Council adopted Resolution 2008-1 on January 7, 2008, authorizing
the City Manager to execute purchase agreements with Accela Inc. and CDCE Inc. for the
purchase of software and hardware for the automation of development processes, and further
authorizing the Finance Director or designee to solicit lease-purchase rate quotes and to award a
lease-purchase to the lowest responsible leasing company.
On January 18, 2008 Accela Inc. requested minor revisions to the insurance, assignment, and
indemnification provisions of the agreement. The City Attorney's Office has collaborated with
Accela's legal staffand developed a revised agreement (Exhibit A) acceptable to both the City
and Accela Inc.
Financial Impact:
No additional costs above those previously approved pursuant to Resolution 2008-1.
Recommendation:
Adopt Resolution.
Attachments:
Resolution
Exhibit A: Revised Consultant Services Agreement - Accela Inc.
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RESOLUTION NO.
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, assignment 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".
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SECTION 5. The Finance Director or her designee is hereby authorized to issue a
PermitsPlus Add-on Software Components and installation services. The Purchase Order shall
reference this Resolution and shall read, "Purchase of PermitsPlus Add-on Software
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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 SOFI'WARE 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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVISED CONSULTANT SERVICES AGREEMENT WIm ACCELA INC. FOR THE
PURCHASE OF SOFTWARE FOR THE AUTOMATION OF DEVELOPMENT
PROCESSES; AND AMENDING RESOLUTION 2008-1.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2008, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
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16 MCCAMMACK
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ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2008.
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Patrick J. Morris, Mayor
City of San Bernardino
es F. Penman, City Attorney
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Exhibit U AU
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city ("CITY"), and ACCELA, 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. SCODe 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
CONSULT ANT 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 sirnilar 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
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Exhibit" A"
C 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 lirnited 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.
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1.5 Non-Exclusive Al!reement. CONSULTANT acknowledges that CITY
may enter into agreements with other consultants for services similar to the services that
are subject to this Agreement or may have its own employees perform services similar to
those services contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as
permitted by law and may employ other personnel to perform services contemplated by
this Agreement at CONSULTANT's sole cost and expense.
1.7. Conflicts of Interest. During the term of the Agreement, CONSULTANT
shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall
not accept payment from or employment with any person or entity which will constitute a
conflict of interest with the CITY.
1.8. CITY Business Certificate. CONSULTANT shall obtain and maintain
during the term of this Agreement, a valid CITY Business Registration Certificate
pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other
licenses, permits, qualifications, insurance and approvals of whatever nature that are
legally required of CONSULT ANT to practice its profession, skill or business.
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Exhibit U AU
C 2.0. COMPENSATION AND BILLING
2.1. Comoensation. 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 Billinl!. 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.
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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.
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Exhibit" A"
C 4.0. INSURANCE
4.1. Minimum Scone and Limits of Insurance. CONSULTANT shall obtain
and maintain during the term of this Agreement all of the following insurance coverages:
(a) Commercial general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
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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.
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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.
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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. Attornevs' 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. Assilmment. CONSULT ANT 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,
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Exhibit" A"
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of CITY's consent, no subletting
or assignment shall release CONSULTANT of CONSULTANT's obligation to perform
all other obligations to be performed by CONSULTANT hereunder for the term of this
Agreement. 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 all of its stock or assets.
5.6. Indemnification and Hold Harmless. CONSULTANT shall protect,
defend, indemnify, and hold harmless CITY and its elected and appointed officials,
boards, commissions, officers, attorneys, agents and employees from any and all claims,
losses, demands, suits, administrative actions, penalties, liabilities and expenses,
including reasonable attorney fees, damage to property or injuries to or death of any
person or persons or damages of any nature including, but not limited to, all civil claims
or workers' compensation claims arising from or in any way related to CONSULTANT's
performance under this Agreement, except when caused solely by the CITY's negligence.
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 CONSULTANT's negligence.
5.7. Indeoendent Contractor. CONSULTANT, at all times while performing
under this Agreement, is and shall be acting at all times as an independent contractor and
not as an agent or employee of CITY. CONSULTANT shall secure, at its expense, and
be responsible for any and all payment of wages, benefits and taxes including, but not
limited to, Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for CONSULTANT and its
officers, agents, and employees, and all business licenses, if any are required, in
connection with the services to be performed hereunder. Neither CONSULTANT nor its
officers, agents and employees shall be entitled to receive any benefits which employees
of CITY are entitled to receive and shall not be entitled to workers' compensation,
insurance, medical insurance, life insurance, paid vacations, paid holidays, pension, profit
sharing or social security on account of CONSULTANT and its officers', agents' and
employees' work for the CITY. This Agreement does not create the relationship of
agent, servant, employee, partnership or joint venture between the CITY and
CONSULTANT.
5.8 Conflict of Interest Disclosure: CONSULTANT or its employees may be
subject to the provisions of the California Political Reform Act of 1974 (the "Act"),
which (1) requires such persons to disclose financial interests that may be materially
affected by the work performed under this Agreement, and (2) prohibits such persons
from making or participating in making decisions that will have a foreseeable financial
affect on such interest.
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Exhibit" A"
C 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. Resoonsibilitv 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 Emolovment. 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.
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5.12. No Third Partv Beneficiarv Rights. This Agreement is entered into for the
sole benefit of CITY and CONSULT ANT 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 conveuience 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.
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5.16. Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be invalid or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
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Exhibit U A"
C remaining provisions of this Agreement shall remain in full force and effect.
5.17. Counteroarts. 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 Coroorate 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.
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Fred Wilson, City Manager
Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
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2008-1
<ACCELN
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Exhibit A-I
Government Software
DATE: January 31, 2005
REVISION 1: May 9, 2006
REVISION 2: May 10, 2007
REVISION 3: November 30, 2007
EsnMATE t11056a(rev-3)
TO:
Joe Lease
City of San Bernardino, CA
Angela Fish, Regional Account Executive
FROM:
RE:
Accela GISN (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
C (Indudes one (1) 5-user pack - named users)
- Five Additional Users
(Additional users may be purchased in blocks of 5)
($2,995.00 for each block of 5)
$ 9,995.00'
$ 2,995.00
- Sales Tax on License (8.00%)
$ 1,039.20
$ 2,598.002
- Annual Maintenance
(Indudes user support, troubleshooting, and upgrades)
- Sales Tax on 50% of Maintenance (8.00%)
$ 103.92
- Installation Services for Accela GIS
(Indudes: Project Management, Training, Business Requirements Analysis,
and System Set-Up and Configuration. Subject to confirmation by Accela
services.)
$14.800.003
TOTAL
~31.531.12~
OPTIONAL:
- Optimized Routing Software
(Indudes 1 site license. Annual maintenance an additional 20%.)
$ 9,995.00
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2008-1
<ACCELN
Exhibit A-I
Government Software
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NOTES:
o 1 If an agency has an existing license of ArcIMS, that license may be used provided the version of
ArcIMS is supported by Acce/a GIS. If an agency does not have ArcIMS, they will need to obtain a
copy from ESRI. Instructions for purchasing ArcIMS from ESRI at a special rate are available from
the Regional Account Manager. This is a fully functioning version of ArcIMS intended for exclusive
use with Accela products. The cost is $0 plus the cost of the first year of maintenance, currently
$2,000. The agency will be responsible any subsequent maintenance fees for ArcIMS.
- 2 This is in addition to the Agency's annual maintenance for the current fiscal year. The additional
maintenance may be pro-ratecl dependent upon when the Agency acquires the additional licenses.
- 3 PaYment Tenns: 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.
o If the Agency requires additional on-site assistance, a separate estimate will be provided.
co These costs do not include hardware or equipment. Please contact your selected hardware vendor
for additional hardware or software costs.
- The c1ienVagency is responsible for any applicable sales tax.
- Agency acknowfedges and agrees that Accela shall have the right to use third parties to fulfill its
obligations.
- The pricing set forth herein reflects information generally known to Accela, supplied to Accela by
client, and based on Accela's interpretation of the work to be performed. Further information gathered
through detailed investigation and configuration analysis by Accela is required before a final
Statement of Work and pricing can be mutually agreed upon.
Prior to Contract execution, Accela may request a mutually agreed upon evaluation of the Client's
business practices and operations in preparation of the final Statement of Work.
o 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.
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2008-1
<ACCELN
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 Tenns 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. Pi.... 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 afish~accela.com.
Thank you.
2008-1
<ACCELN
Exhibit A-2
Government Software
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DATE:
TO:
December 13, 2007
ESTIMATE 12007-12-13-22411
FROM:
RE:
Joe Lease
City of San Bernardino, CA
Angela Fish, Regional Account Executive
Accela IVR'M (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 AGl=NCY-HOSTED ACCELA PERMIT SYSTEM",
(For 'PERMITS' Plus, TId8ll\llrk Advantage and KJva DMS clients)
This estimate is based on TIer 0 with the minimum 2 ports.
0.. 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
Tiel' 3 - Single word per utterance > 40 words $3,995.00
Tier 4 - Multiple words per utterance $4,495.00
- Sales Tax on License (8.00%)
$ 9,995.00
$ N1A
$ 4,990.00
Subtotal of License Fee
$ 1.198.80
$16,183.80
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2008-1
<ACCELR
Exhibit A-2
Government Software
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. Annul Ualntenlince and ManaGed Service Fees:
- Annual Maintenance and Support
- Annual Managed Service Fees (Based on 2 Ports)
$ 2,997.00
$ 200.00
- Sales Tax on 50% of Maintenance and Annual Managed Service Fees (8.00%) $ 127.88
Subtotal of Annul Malnt8nance & 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 confinnation by Accela
Services)
Subtotal of Implementation Services
$14,800.00
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ODllonal:
- Fax Back Services (OPTIONAL)
Fax Back Service can be provided at the cost of .15/page
through a service provider such as Interfax.
GRAND TOTAL
$ NlA
1:W.308.1111
NOTES:
- 1 Pavment Tenns: 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 wi" be billed as incurred. Travel time will
be billed at a rate of $140.00 per hour. All billing tenns are Net 30.
- Please note that the above costs do not include harclware. . For Supported harclware 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 AcceIa 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.
e There is an extra charge for each language.
2008-1
<ACCELN
Exhibit A-2
Government Software
c
- 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 infonnation generally known to Accela, supplied to Acc:eIa by
client, and based on Accela's interpretation of the wort< to be perfonnec:l. Further information gathered
through detailecl investigation and business configuration by Accela is required before a final
Statement of Wort< and pricing can be mutually agreed upon.
Prior 10 Contract execution, Accela may request a mutually agreed upon evaluation of the Client's
business praclices 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.
- AIIemale Terms Disclaimed: The parties expressly disclaim any alternate terms and conditions
accompanying drafts and/or purchase orders issued by Customer.
To procure the above-m.ntloned products I services. submit a valid purchase ord.r.
Ccontract, or signed estimate with the following:
· Signature of authorized personnel (If th.re Is a signature IIn. on the purchas.
ord.r)
· Estimate Number
. Date
· Any Terms and Conditions of Purchase Order
In order to expedite the proc.... submit authorization via fax to (925) 407-2722 or by
emall to contractsadmlnta>-accela.com. PI.... note that If faxing a purchase ord.r.
pl.... 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 afishlillaccela.com.
Thank you.
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2008-1
<ACCELN
Exhibit A-3
Government Software
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DATE:
REVISION 1:
REVISION 2:
TO:
May 9, 2006
May 10, 2007
November 30, 2007
ESTIMATE 1II1199Oa(rev-2)
FROM:
RE:
Joe Lease
City of San Bernardino, CA
Angela Fish, Regional Account Executive
Accela Wireless1>l
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 billecl as incurred. Travel time
will be billecl at a rate of $140.00 per hour.
Agency-Hosted (ALL PERMIT SYSTEM PRODUCTS)
Plea.. refer to Accela Wireless Fact Sheet for detlIlla.
C 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)
- Sales Tax on License (8.00%)
$34,995.00
$ 9,995.00
- Annual Maintenance
$ 3,599.20
$ 8,998.00'
- Sales Tax on 50% of Maintenance (8.00%)
$ 359.92
- Implementation Services $14.800.00
(Includes: Project Management, Training, Business Requirements Analysis,
and System Set-Up and Configuration. Upon execution of the contract,
Accela and the Agency will work together to create a mutually agreeable
Statement of Work that will precisely define the work I 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 I services.)
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TOTAL
JZ2.741~
2008-1
Exhibit A-3
<ACCELN
C
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 OOIlb...A. 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 tact 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.
e - 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 AcceIa 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 abov......entloned 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
c
2008-1
Exhibit A-3
<ACCELN
C
Government Software
In order to expedite the process, submit authorization via fax to (925) 407-2722 or by
emall tocontractudmln@accela.com. PIeue note that If fulng a purcha.. order,
pi.... fax both front and back and send the origlna' purchase order In the mall.
If you have any questions, please feel free to contact me at (559) 627 -1959x127 or afishtalaccela.com.
Thank you.
c
c
2008-1
<ACCELN
C
Exhibit A-4
Government SClftware
DATE: August 13, 2007
REVISION 1: November 30, 2007
ESTIMATE 12007-GS-13-G13(rev-1)
TO:
FROM:
Joe Lease
City of San Bema~ino, CA
Angela Fish, Regional Account Executive
'PERMITS' OfticeLink~
RE:
In response to your request, following is a cost estimate to add 'PERMITS' OfticeLink to your
'PERMITS' Plus. system. 'PERMITS' OfticeLink allows for word processing, spreadsheet,
presentation files and other documents to be attached to an IVPID, Parcel Address or'CIAIEID entry.
Association is done by creating a disk subdirectory for each IVPID as required and keeping the
document(s) in that directory. Subdirectories are created below a directory as specified in the
PERMPLUS.lNI file.
- 'PERMITS' OfticeLink (for 58 concurrent licenses)
- Sales Tax on License (8.0%)
- Annual Support for 'PERMITS' OfticeLink~ (for 58 concurrent licenses)
C. - Sales Tax on 50% of Maintenance (8.0%)
TOTAL
$ 4,600.00
$ 368.00
$ 1,150.00 1
S 46.00
J 6.18Loqz
- The clientlagency 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.
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2008-1
Exhibit A-4
-.
<ACCELN
C
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, Aceela 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.
c
To procure the above-m.ntioned products I ..rvlces, submit a valid purchase order,
contract, or signed estimate with the following:
· Signature of authorized personnel (If there Is . signature line on the purchase
order)
. Estim.te Number
. Date
· Any T.rms and Conditions of Purcha.. Ord.r
In order to expedite the process, submit authorization via fax to (925) 407.2722 or by
emall to contractsadmln~accela.com. Pi.... note th.t If faxing a purchase order,
pl.... fax both front .nd back .nd send the original purchase order In the m.lI.
If you have any questions, please feel free to contact me at (559) 627-1959x127 or afish@accela.com.
Thank you.
c