Agenda Item A.7
CONSENT CALENDAR
Meeting Date: June 18, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Peter Imhof, Planning and Environmental Review Director PREPARED BY: Lisa Prasse, Current Planning Manager
SUBJECT: Amendment No. 2 to Computer Software Incorporated Agreement to Develop a Digital Signature Component
RECOMMENDATION:
Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 2011 -050 with Computer Software Incorporated to develop a digital signature component, increasing the maximum contract amount by $7,650 for a total not- to-exceed $ 371,880, and to allow the agreement and amendments to be sign ed in counterparts by facsimile or electronic mail.
BACKGROUND:
On June 30, 2011, the City Council approved a Professional Services Agreement between the City of Goleta and Computer Software Incorporated (CSI) for service related to the generation of the electronic permi t tracking systems called MAGNET. CSI was selected based on the quality and efficiency of their MAGNET software interface, detailed staff training programs, seamless offsite hosting capabilities, extensive internet security protocols, customer -oriented va lues, permit tracking systems experience, positive reference checks, and proposal cost.
Following the execution of Agreement 2011-050 (Agreement) with CSI, the project was put on hold until the details regarding the permit procedures to be developed as part of the new Zoning Ordinance (NZO, now Title 17) could be developed. In December 2018, the Agreement was amended (via Amendment 2011-050.1) to add time through 2024 to allow for the NZO to be completed and to incorporate additional needed tasks regard ing Public Works and mobile inspections.
MAGNET went live in November 2019. Over the past 4.5 years, CSI has adjusted the functionality of the permitting software as topics have been identified through staff use.
All the tasks outlined in Exhibit A and A-1 of the Agreement and Amendment 1 have been completed; the Agreement is currently in the ongoing maintenance and enhancement phase. Staff and CSI will be entering into negotiations to extend the Agreement given the upcoming expiration on December 31st this year.
1 Meeting Date: June 18, 2024
DISCUSSION:
The ability to secure signatures digitally through the M AGNET program, especially relating to building permits , is a needed enhancement to improve the functionality and efficiency of the permitting software. Currently, as part of the permitting process, the City either sends the permit to the applicant/contractor to sign, who then returns it to the City, or the applicant/contractor is required to come in to sign the permit in person. The form is then scann ed and uploaded to MAGNET to issue the permit electronically through MAGNET.
The objective of this enhancement is to better streamline the process and eliminate the need for unnecessary external workflows outside of MAGNET. The proposal is for CSI to develop the software to allow for signatures to be secured through MAGNET. This would be in keeping with Strategic Objective 5.7.2, as stated below.
GOLETA STRATEGIC PLAN:
City-Wide Strategy: Strengthen Infrastructure
Strategic Goal: 5.7 Enhance the efficiency of the City’s land use planning framework.
Objective: 5.7.2 Encourage widespread use of the electronic permit tracking system by the public and staff to increase efficiency, accessibility, and transparency FISCAL IMPACTS:
The cost for this enhancement task will increase the project costs by $7,650 , which will be supported by the Current Planning – Professional Services (101-40-4100-51200) account. As part of the 2023-2024 budget, the City Council budgeted $42,000 in account 101-40-4100-51200 for MAGNET tasks. No additional appropriation is needed.
Fund GL Account Budget
FY 23/24
YTD
Actuals
Total Available
Budget
General 101-40-4100-51200 $154,000 $87,000 $67,000
Total $154,000 $87,000 $67,000
ALTERNATIVES:
The alternative includes: 1) not to authorize the contract amendment (current process for securing signatures would continue); or 2) continue the item for additional information.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Amendment No. 2 to Agreement No. 2011-050
2. Agreement No. 2011-050 and Amendment No. 1
2 ATTACHMENT 1
Amendment No. 2 to Agreement No. 2011-050
3 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
AMENDMENT NO. 2
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
COMPUTER SOFTWARE INCORPORATED
This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Computer Software Incorporated (“Consultant”) dated June 30, 2011 (“Agreement,” Agreement No. 2011- 050) is made on this 18th day of June, 2024.
SECTION A. RECITALS
1. This Agreement is for the for the development of the Electronic Permit Tracking System (PTS) as set forth in the Scope of Work, attached as Exhibit A; and
2. This Agreement has been amended to increase the compensation for the continued development and ongoing maintenance of the PTS, to increase the time period until December 31, 2024, and to expand the scope of work to include mobile inspections and a Public Works portal. (Amendment No. 1); and
3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $364,230; and
4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $ 7,650 for an additional task; and
5. The Agreement currently provides in Exhibit A and Exhibit A-1 entitled “Scope of Work” the complete and particular description of services; and
6. The parties desire to amend the Scope of Work to add the tasks specified in Exhibit “A-2" to those specified in the exhibits Exhibit A and Exhibit A-1; and
7. The Agreement did not provide for the Agreement or any amendments to be executed in counterparts by facsimile or electronic mail; and
8. The parties desire to amend the Agreement to allow for execution of the Agreement and amendments by facsimile and electronic mail in order to expedite the finalization of the agreements; and
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 4 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
9. The City Council approved this Amendment No. 2, on this 18th day of June, 2024.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $ 7,650 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of 371,880 (herein "not-to-exceed amount") and shall be earned as the work progresses.
Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2024, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment. CONSULTANT shall provide CITY will written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY’S Project Manager, as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, a nd describe the work performed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.
2. This Agreement is amended to include additional tasks to the Scope of Work:
Exhibit A-2 is added to Exhibit A “Scope of Work” and Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.
3. Section 31. COUNTERPARTS AND ELECTRONIC/FACSIMILE
SIGNATURES of the Agreement is added to include counterparts and electronic/facsimile signatures as follows:
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 5 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No.2 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Jeffrey O. Smith, President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Ahmad M. Zahedi,
Director of Technical Operations
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 6 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
EXHIBIT A
Scope of Work
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 7 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 8 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 9 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 10 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 11 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 12 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
EXHIBIT A-1
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 13 Project Name: Electronic Permit Tracking System
City of Goleta PER and Computer Software, Inc.
Amendment No. 2 to Agreement No. 2011-050
EXHIBIT A-2
1. Creation of a digital signature feature in Magnet to eliminate the need to secure signatures for permits or other documents outside of the Magnet system. This enhancement adds the ability for clients of the City of Goleta to be able to acknowledge or “sign” specific documents electronically.
2. All the tasks outlined in Exhibit A and A-1 would remain in effect.
DocuSign Envelope ID: 9597F44F-FEF3-4313-92F4-AD7C47F06106 14 ATTACHMENT 2
Agreement No. 2011-050 and Amendment No. 1
15 Project Name: Electronic Permit Tracking System
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
COMPUTER SOFTWARE INCORPORATED
This AGREEMENT FOR CONSUL TANT SERVICES is made and entered into this 30th day of June, 2011, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and COMPUTER SOFTWARE INCORPORATED, (herein referred to as "CONSULTANT").
WHEREAS, CONSUL TANT represents that they are sufficiently experienced and capable of providing the services agreed to herein and are sufficiently familiar with the needs of the CITY; and
WHEREAS, CONSUL TANT selection was recommended for award of this AGREEMENT based on a competitive request for qualifications process; and WHEREAS, CONSUL TANT was recommended for award by the Planning & Environmental Services Director, the Administrative Services Director, and the Advance Planning Manager and selected for award of this AGREEMENT by City Council; and WHEREAS, the City Council, on this 30th day of June, 2011, approved this AGREEMENT and authorized the City Manager to execute this AGREEMENT per the Goleta Municipal Code Section 3.05.050.
CITY and CONSUL TANT agree as follows:
1. RETENTION AS CONSUL TANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2. CONSUL TANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSUL TANT are as follows:
Professional technology services in conjunction with a Permit Tracking System. Services shall generally include meetings, constructing a permit tracking system, testing the system, launching the system on the internet, maintaining the system, performing disaster recovery protection, training City staff to use the system, and monitoring system performance/data management, as more particularly set forth in the Scope of Work, attached as Exhibit "A," and incorporated herein. CONSUL TANT shall deliver to CITY the deliverables defined in Exhibit "A".
City of Goleta
16 Project Name: Electronic Permit Tracking System
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to CONSUL TANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $315,887 (herein "not to exceed amount"), with the exception of the "extra services" described below, and shall be earned as the work progresses on the following basis:
Rates and with reimbursement to CONSUL TANT for those
expenses set forth in CONSUL TANT's Schedule of Fees and Payments marked Exhibit "B," attached and incorporated herein.
The payments, rates and expenses set forth in that exhibit shall be binding upon CONSUL TANT until December 31, 2018, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSUL TANT for all work described under this AGREEMENT.
(b) Payment. CONSUL TANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager and shall be consistent with the schedule of payments contained in Exhibit "B". Invoices shall be made no more frequently than on a monthly basis, and describe the work performed and milestones achieved. All payments shall be made within 45 days after CITY's receipt of the invoice. Use of CONSULTANT'S software or services is expressly contingent upon timely payment by CITY of CONSULTANT'S invoices.
4. EXTRA SERVICES
CITY shall pay CONSUL TANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to in advance. Unless CITY and CONSUL TANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in the compensation exhibit. Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Exhibit B. Any compensation for extra services shall not exceed $30,000.
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSUL TANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Anne Wells, Advance Planning Manager. Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
City of Goleta
PES Agreement with Computer Software Incorporated
17 Project Name: Electronic Permit Tracking System
6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to December 31, 2018, unless term of this AGREEMENT is extended or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSUL TANT furnishes proof of insurance as required by paragraph 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager. CONSUL TANT is expected to complete all activities required under Exhibit "A" Scope of Work Tasks 1 through Task 6 by July 1, 2013, but in no event shall they be completed later than July 1, 2014.
7. OWNERSHIP OF DOCUMENTS
All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, and any other documents or materials, in electronic or any other form (other than CONSUL TANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSUL TANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSUL TANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSUL TANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY.
Alison Rachal, Vice President of Sales for CONSUL TANT, is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, written notice including explanation of reason must be provided to the CONSUL TANT at which time the CONSULTANT has 30 days to provide a reassignment as requested or provide a remedy that is agreeable to the parties. If an agreeable reassignment or remedy is not provided, CITY may terminate this AGREEMENT. This AGREEMENT is not assignable by CONSULTANT without CITY's prior consent in writing.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSUL TANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from all of CONSUL TANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSUL TANT, to CONSUL TANT's employees, to CONSUL TANT's contractors or subcontractors, or to the owners of CONSUL TANT's firm, which City of Goleta
PES Agreement with Computer Software Incorporated
18 Project Name: Electronic Permit Tracking System
damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSUL TANT's performance of any activity or work required under this AGREEMENT.
(b) Defense and Indemnity of Third Party Claims/Liability. CONSUL TANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSUL TANT's officers, agents, employees, representatives, subCONSUL TANTs, or subcontractors, or the willful misconduct of CONSUL TANT or any of CONSUL TANT's officers, agents, employees, representatives, subCONSUL TANTs, or subcontractors, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.
Notwithstanding the foregoing, CONSULTANT and its affiliates and suppliers are not liable for or required to defend and indemnify the CITY against any of the following:
(a) indirect, special, incidental, punitive or consequential damages suffered by City; (b) damages suffered by third parties relating to (i) failures of telecommunications, the internet, or electronic communications; (ii) corruption, security, loss or theft of data, viruses, or spyware, malware or the like; (iii) loss of business, revenue, profits or investment; or (iv) use of software or hardware that does not meet CONSUL TANT's system requirements, unless such damages could have and should have been prevented by CONSUL TANT. The above limitations apply even if CONSUL TANT and its affiliates and suppliers have been advised of the possibility of such damages. (c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
(d) Third Party. Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CITY or CONSUL TANT. CONSUL TANT's services under this AGREEMENT are being performed solely for the CITY's benefit, and no other party or entity shall have any claim against CONSUL TANT because of this AGREEMENT or the performance or nonperformance of services hereunder. The CITY and CONSUL TANT agree to require a similar provision in all contracts with their affiliates, suppliers, vendors and other entities involved in this project to carry out the intent of this provision.
City of Goleta
PES Agreement with Computer Software Incorporated
19 Project Name: Electronic Permit Tracking System
10. INSURANCE
CONSUL TANT shall, at CONSUL TANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an AM. Best and Company rating level of A- or better, Class VII or better, or as otherwise approved by CITY.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage "occurrence" form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate.
b) Insurance Services Office form number CA 0001 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider's commercial general liability policy. c) Workers' Compensation insurance complying with California worker's compensation laws, including statutory limits for workers' compensation and an Employer's Liability limit of $1,000,000 per accident or disease. d) Professional Liability insurance on a policy form appropriate to CONSUL TANTs profession. Limits shall be no less than $2,000,000 per claim.
Liability insurance policies required to be provided by CONSUL TANT hereunder shall contain or be endorsed to contain the following provisions:
a) CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or its exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. b) CONSUL TANT's insurance shall apply to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to CITY's vicarious liability. c) Liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
City of Goleta
PES Agreement with Computer Software Incorporated
20 Project Name: Electronic Permit Tracking System
d) Evidence of coverage (including the workers' compensation and employer's liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days' prior written notice has been given to CITY. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. e) No liability insurance coverage provided to comply with this AGREEMENT shall prohibit CONSUL TANT, or CONSUL TANT's employees, or agents, from waiving the right of recovery prior to a loss. CONSUL TANT waives its right of recovery against CITY.
f) CONSUL TANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
g) There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSUL TANT payments. h) CONSUL TANT agrees to provide immediate notice to CITY of any claim or loss against CONSUL TANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATION OF THE PARTIES
The relationship of the parties to this AGREEMENT shall be that of independent contractors and that in no event shall CONSUL TANT be considered an officer, agent, servant or employee of CITY. CONSUL TANT shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
12. CORRECTIONS
In addition to the above indemnification obligations, during the term of this AGREEMENT and any renewals, CONSUL TANT shall correct, at its expense, all defects in the work that may be disclosed during CITY's review of CONSUL TANT's report or plans which are within the Scope of Work under this AGREEMENT. Should City of Goleta
PES Agreement with Computer Software Incorporated
21 Project Name: Electronic Permit Tracking System
CONSUL TANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSUL TANT hereunder.
CONSUL TANT warrants that on acceptance date, the Software will be free from any significant programming errors and from material defects in workmanship and shall operate and conform to the requirements identified in this agreement, and shall continue to operate in this manner throughout the term of this agreement and any extensions or renewals, as the case may be.
Except as expressly provided in this agreement, CONSULTANT makes no representations or guarantees, whether expressed or implied, arising by law, custom, oral or written statements, or otherwise, with respect to the software or services of their condition, merchantability, or fitness for use for any particular purpose by the CITY.
13. TERMINATION BY CITY
CITY, by notifying CONSUL TANT in writing, may upon 30 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSUL TANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSUL TANT within 30 days following submission of a final statement by CONSUL TANT unless termination is for cause. In such event, CONSUL TANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSUL TANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSUL TANT for anything done, furnished, or relating to CONSULTANT'S work or services to date of final payment. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSUL TANT, its employees, subcontractors, agents and CONSUL TANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect in the work prepared by CONSUL TANT, its employees, subcontractors, agents and CONSULTANTs.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSUL TANT shall make available to a representative of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSUL TANT City of Goleta
PES Agreement with Computer Software Incorporated
22 Project Name: Electronic Permit Tracking System
will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSUL TANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Santa Barbara County.
City of Goleta
PES Agreement with Computer Software Incorporated
23 Project Name: Electronic Permit Tracking System
21. TAXPAYER IDENTIFICATION NUMBER
CONSUL TANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 12-87), as issued by the Internal Revenue Service.
22. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSUL TANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year. CONSUL TANT reserves the right to terminate services and bar use of software in the event sufficient funds to compensate CONSULTANT as contemplated by this AGREEMENT are not budgeted or appropriated.
23. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSUL TANT.
24. USE OF THE TERM "CITY"
Reference to "CITY" in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
25. PERMITS AND LICENSES
CONSUL TANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates, including a CITY business license, that may be required in connection with the performance of services under this AGREEMENT.
26. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.
27. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party.
CONSUL TANT represents to the CITY that Computer Software, Inc. is duly incorporated, validly exists as a corporation in good standing under the laws of the state City of Goleta
PES Agreement with Computer Software Incorporated
24 Project Name: Electronic Permit Tracking System
of its incorporation and will lawfully maintain such status as to be authorized to do business in the City of Goleta, CA. CONSUL TANT further represents that it is subject to service of process at its corporate headquarters located at 100 Highpoint Drive, Suite 104, Chalfont, PA 18914. CONSUL TANT has the corporate power and authority to execute and deliver this Agreement and to carry out its obligations hereunder, which have been duly authorized by all necessary corporate action on the part of the company and its stockholders. No further authorization is required on the part of the company and there are no actions or proceedings before any court, governmental commission, board, bureau or any other agency pending or threatened against CONSUL TANT that would impair CONSUL TANT's ability to perform its obligations established in this Agreement.
28. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
29. PARTIAL INVALIDITY
if any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
30. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Daniel Singer
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSUL TANT: Attention: Jeffrey Smith
President
100 Highpoint Drive, STE 104
Chalfont, PA 18914
City of Goleta
PES Agreement with Computer Software Incorporated
25 Project Name: Electronic Permit Tracking System
In concurrence and witness whereof, this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA
ATTEST:
APPROVED AS TO FORM
Tim W. Giles, City Attorney
CONSULTANT
Shana Gourley
IT Operations Manager
City of Goleta
PES Agreement with Computer Software Incorporated
26 Definition of Terms
Project Name: Electronic Permit Tracking System
Exhibit A
Scope of Work
"Hosting" is a service provided to the City whereby CONSUL TANT supplies and maintains all of the necessary equipment, power and telecommunication connections, bandwidth, and security, to give the City uninterrupted access to the software and all of the City's data, including regular backup and replication of databases and other digital files.
"Maintenance" is the continuous attention to and updating of all necessary software and support services provided by CONSUL TANT to the City for the term defined in this agreement. Maintenance includes all standard software releases and updates made available during the term of this AGREEMENT.
Task 1: Project Plan
CONSUL TANT shall develop a Project Plan for approval by the CITY that details the project scope, schedule, resources, and limitations. CITY approval shall be provided by CITY Project Manager. Task 1 includes coordinating with the CITY's document imaging vendor to ensure that the existing paper/microfiche records are scanned in a manner that best supports the permit tracking system.
Task 2: Project Kickoff
Upon CITY approval of the Project Plan (Task 1), CONSUL TANT shall conduct a conference call with the CITY for a project kick off meeting to review all technical and non-technical requirements related to the Quality Assurance (QA) process and the Consultant's proposed solution. Requirements include functional, reporting, configuration, hardware, training, human resource, and logistics.
Task 2A - Meetings: CONSUL TANT shall hold a series of requirements gathering meetings over a single, consolidated four-day onsite trip to the CITY of Goleta offices where CONSUL TANT's applications engineer shall meet separately with a team from each CITY Department and present a demonstration of system performance, process flow, data requirements, reporting and general operations. CONSUL TANT shall use information learned from these meetings to ensure all the CITY's operating procedures are understood and appropriately planned for. Meetings will be anywhere from half to a full day for each of the departments. The CITY will provide one point of contact for each department.
Task 2B - Interface Protocol: CONSUL TANT shall define all the necessary features of the interfaces required in the system and review with the CITY staff before finalizing interface protocols. The protocol shall establish third-party interfacing requirements and reporting packages. The protocol shall include a host of data interfacing options- such as Excel import/export, file imports, watch folders, and Web services.
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 1
27 Project Name: Electronic Permit Tracking System
Task 2C - Data Import Protocol: CONSUL TANT shall identify all data fields and associated meta-data that can be initially loaded in an automated fashion into the system.
The data shall be gathered collaboratively between CONSUL TANT and CITY staff.
Task 20 - Software Requirements Specifications: CONSUL TANT shall proceed with the preparation of the system's user and functional specifications that shall serve to build, test, and deploy the Manager Solution, the MAGNET software. Specifications shall include, but are not limited to:
• Hardware/Software (e.g. server, network, systems integration components) • Functional (e.g. application, reporting, workflow, email notification data that 1s detailed, specific, and testable)
a Configuration Data (e.g. Data Import Protocol process) G Training (e.g. CITY staff and other key agency personnel) e Logistics (e.g. beta-testing system)
e Human Resources (e.g. user permissions)
The specifications document shall be housed in a central repository to enable effective communication and collaboration between the CITY and CONSUL TANT. Specification requirements shall be uniquely identified to allow traceability between the requirement and the testing.
Task 3: System Build
CONSUL TANT shall proceed with building the CITY's system. CONSUL TANT shall install and test hardware, and provide solution programming, coding, designing, data importation and verification, development of use case tests, traceability matrix and training development activities including:
Task 3A - Configuration: CONSUL TANT shall programmatically fit the MAGNET system to the needs of the CITY including configuration of all workflows and definition of data types.
Task 38 - Feature Enhancements: If the CITY requests feature enhancements that are not reasonably included within the services described in the Scope of Work herein, the CITY and CONSUL TANT shall mutually agree in advance and in writing before the performance of extra services are initiated consistent with Section 4 of this AGREEMENT.
Task 3C - Interface Development: CONSUL TANT shall develop interfaces identified in Task 28 (Interface Protocol).
Task 30 - Data Loading: CONSULTANT shall import data collected and documented in Task 2C (Data Import Protocol). All data shall be provided by the CITY to CONSULTANT.
This includes any Community Development data from all existing relevant database systems currently used by the CITY which can be loaded in an automated fashion into City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 2
28 Project Name: Electronic Permit Tracking System
the permitting software. CONSUL TANT shall import an unlimited number of spreadsheets or other user-generated data as long as the data currently exists in a format where there is a clear mapping between the data being imported and an applicable location in the permitting software. In consultation with the CITY, CONSUL TANT shall create additional information fields in the permitting software to support any type of data being converted over from the legacy system.
CONSUL TANT shall import any documents, spreadsheets, and other files that are currently attached or belong to specific properties, permits, etc. This activity includes unlimited imports so long as the storage structure of the data is in a form where it is readily identifiable what the mapping is from the file to a particular record within the permitting software.
In consultation with the CITY, CONSUL TANT shall import (attach) documents that are currently organized in either a reference database or a hierarchical file system structure.
CONSULTANT's data conversion services include the conversion, implementation, and verification of CITY legacy data, and existing GIS Data; an unlimited number of GIS layers are included.
Task 3E - Training Material Development: CONSUL TANT shall develop the training materials specific to the CITY and integrate them into the Consultant's Training Material package which includes a core system and process training, and a CITY-specific training component as required in Task 20 (Training).
Task 4 - System Test
CONSUL TANT shall undertake formal system testing, preparation for beta-testing and training including:
Task 4a - Use Case Testing: CONSULTANT shall execute all defined use cases (e.g., submit permit application, request an inspection, etc.) and provide evidence for each use case as proof of a successful execution. Consultant shall document, investigate and resolve any deviations that occur during execution of protocols.
Task 48 - Regression Testing:.CONSULTANT shall conduct full-scale regression testing to ensure all configurations and feature enhancements contain no unintended consequences. CONSUL TANT shall use iterative testing practices to confirm functionality.
Task 4C - Data Load Testing: CONSUL TANT shall iteratively test the system to ensure that all data loaded imported functions within the system have not caused any unintended consequences.
Task 40 - Interface Testing: CONSUL TANT shall test all interfaces to ensure functionality and that no unintended consequences have resulted.
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 3
29 Project Name: Electronic Permit Tracking System
Task 4E - Soft Launch Logistics: CONSUL TANT shall beta-test logistics by testing logistical and scheduling activities for account managers, application engineers and/or service providers who shall be conducting the beta-testing.
Task 4F - Team Training: CONSUL TANT shall conduct in-house training over a single .. consolidated four-day onsite trip to the CITY. Training Program is, known as CONSUL TANT University, for all project team members including, but not limited to, Account Managers, Project Managers, and Technology personnel. The training program contains components of system use, process delivery and CITY-specific requirements/instructions.
Task 5: Soft Launch
CONSUL TANT shall beta-test during the pilot phase of the project including activities related to system pilot, benchmark finalization, definition and communication of the CITY Support Model, logistic preparation, in-house training, and concluding with system acceptance (Go-Live) including:
Task 5A - Benchmarking: CONSUL TANT shall determine benchmarks via thorough analysis of the beta-test results. CONSUL TANT's software development team shall perform the analysis in coordination with the CITY's Account Manager and Technology personnel. If benchmark formulas differ from the original requirements, then the requirements specification (Task 2d) shall be updated and subsequently design specifications and testing shall be reworked to assure the benchmark requirement performs as intended.
Task 58 - Support Model: If necessary, CONSUL TANT shall develop a CITY-specific support model that shall document support levels, support categories, roles and responsibilities and the process for escalation, i.e., how varying support calls are handled by CONSUL TANT.
Task 5C - Deployment Logistics: CONSUL TANT shall provide on-site training of CITY staff and shall be present to prepare for Go-Live (single, consolidated two-day onsite trip).
Task 5D - System Acceptance: CONSULTANT and CITY shall document acceptance of the system including acceptance that the CITY is ready to use the system in the production environment. A memorandum, prepared by CONSUL TANT for CITY review and approval, is a required deliverable before Go-Live.
Task 6 - Deploy (Go-Live)
Once receipt of system acceptance via the memorandum in Task 5D, the system shall be released for use, i.e., to Go-Live. This phase includes activities which assure the project team, CITY staff and service providers are trained, QA results are reviewed and verified and customer feedback is obtained including:
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 4
30 Project Name: Electronic Permit Tracking System
Task 6A - QA Verification: CONSUL TANT performs QA verification, usually over a one month period, to assure that CITY use cases are properly meeting client's expectations.
Task 6B - Customer Feedback: CONSULTANT shall document feedback as each QA is completed to assure the business process and technology is functioning as expected.
This process shall be integrated with Task 6A (QA Verification).
Task 7 - On-Going Operations
Once the MAGNET system is up and running, CONSUL TANT shall provide the following ongoing services and operations:
Task 7A - Change Management: CONSUL TANT shall keep a record of approved changes to the system pursuant to the Change Request procedures. This includes changes to version upgrades, configuration, functionality, training materials and/or training aids, and add-on work that might be requested by the CITY that is not included as part of this scope of work. Any changes that may impact the CITY shall be communicated by the Consultant. As part of this scope of work, CONSUL TANT shall review and approve the addition and list required deliverables. CITY-requested changes to permit fees, account numbers, custom report changes, CITY file changes or anything involving CITY-specific changes may be billed at a time and materials basis under a separate scope of services.
Task 7B - Procedures: CONSUL TANT shall create and update appropriate procedures and provide to the CITY for management and administration of the project life cycle and system.
Task 7C - Disaster Recovery: CONSUL TANT shall perform an annual Disaster Recovery exercise (which includes Backup and Restart). Results shall be summarized, archived and shared with the CITY. CONSUL TANT shall conduct data backup on a daily basis at off-site locations.
Task 70 - Performance Monitoring: CON'SUL TANT shall benchmark and/or monitor system performance that shall be reviewed, analyzed and shared with the CITY on a quarterly basis. CONSUL TANT shall monitor the system to detect and correct potential flaws before they become effective faults.
Task 7E - Documentation Management: CONSUL TANT shall maintain all life cycle documentation in a central storage system located at the CONSUL TANT's headquarters in Pennsylvania.
Task 7F - Support Services: CONSUL TANT shall provide technical support to CITY as part of the system maintenance. Support services will, at a minimum, include:
Unlimited use of the Live Help Desk available to the CITY between the hours of 5am- 5pm Pacific Standard Time.
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 5
31 Project Name: Electronic Permit Tracking System
Unlimited use of a CITY portal, referred to as "e-Support", available to the CITY 24 hours a day, 7 days a week. E-Support allows CITY to log support issues and check for status updates on support requests. E-Support shall enable CITY to assign a specific priority to particular requests. CONSUL TANT shall make document updates and downloads available through thee-Support portal.
Unlimited use of direct phone calls and emails to CONSULTANT. - Technical troubleshooting for assessment, diagnosis, documentation, and ultimate resolution of issues that pertain specifically to the CITY's software. Troubleshooting does not extent to CITY hardware or CITY operating system components at City Hall. - CONSUL TANT shall provide free re-training sessions for the life of the product to any staff member who was previously trained by the CONSUL TANT. Upon the CITY's request for a free re-training session, training will be conducted using remote training portals. Training shall be available to a classroom-sized group of a maximum of 15 users at once or on a one-on-one ratio as needed.
Task 7G - Software Updates: CONSUL TANT shall update and enhance the standard software as new releases are available. CONSUL TANT shall modify the software components to keep the product usable in changing external operating environments, to successfully meet the performance and reliability expectations of CITY, and to correct discovered software problems. CONSUL TANT shall work directly with CITY to resolve issues using direct observation of system issues through the workstation view function of the software when needed.
Task 7H - Software Access Management: CONSUL TANT shall maintain the software portals as part of normal maintenance. Portal access to City-approved outside agencies and contractors shall be provided to enable outside review and approval of land development projects. Outside agencies and contractors must be registered and have appropriate security credentials to utilize this function and shall coordinate with CONSUL TANT via CITY.
Task 71 - Offsite Hosting: CONSUL TANT shall host the system offsite at their facility in Pennsylvania, upgrading as they improve the software and maintain the system to ensure system functionality.
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 6
32 Project Name: Electronic Permit Tracking System
Exhibit B
Schedule of Fees and Payments
Flat Rate Contract Price and Payment Schedule for One-Time Costs Total compensation payable for software licensing, system setup, configuration, programming, data conversion, training, and other services as specified in Exhibit "A" Scope of Work Task 1 through Task 6 of this AGREEMENT, shall be $135,300 and shall be earned. payable and billed based on progress according to the milestones of the project schedule as follows:
Milestone Payment %
Upon Contract Execution (Prior to Commencement of Task 1) $27,060.00 20% After Completion of Task 1 (Project Plan) $27,060.00 20% After Completion of Task 28 thru Task 3 $27,060.00 20%
After Completion of Task 4 (System Build) $20,295.00 15% After Completion of Task 5 (Soft Launch) $20,295.00 15% After Completion of Task 6 (Go-Live) $13,530.00 10%
Total Flat Rate Contract Price $135,300.00 100%
Payment Schedule for Ongoing Costs
Thirty (30) days after the release of the system for use on the internet (see Exhibit "A" Scope of Work Task 6), on-going operations as specified in Exhibit "A" Scope of Work Task 7 A through Task 7H of this AGREEMENT shall be earned, payable and billed annually according to the following schedule:
Schedule of Ongoing Maintenance Payments
(Task 7 A thru Task 7H)
Year 1 $26,004.00
Year 2 $27,564.24
Year3 $29,218.09
Year4 $30,971.18
Year5 $32,829.45
Upon the release of the system for use on the internet (see Exhibit "A" Scope of Work Task 6), software hosting as specified in Exhibit "A" Scope of Work Task 71 of this AGREEMENT shall be earned, payable and billed annually according to the following schedule:
Schedule of Hosting Services
Hosting Services I $3,000/year
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "B'' Page 1
33 Project Name: Electronic Permit Tracking System
Support Services Rates
Travel Expenses associated with activities specified in Exhibit "A" Scope of Work Task 2A, Task 4F, and Task 5C of this AGREEMENT shall be earned, payable and billed according to the following schedule:
Schedule of Travel Expenses
Per Diem Rate $215.00/day
Airfare $350.00/flight
Rental Car $50.00/day
Support Services as specified in Exhibit "A" Scope of Work Task 1 of this AGREEMENT and services outside the scope of this AGREEMENT shall be earned, payable and billed according to the following schedule:
Hourly Fees
Hourly Rate $125. 00/hour
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "B" Page 2
34 AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
COMPUTER SOFTWARE INCORPORATED
This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT by and between the City of Goleta, a municipal corporation ("City") and Computer Software Incorporated, ("Consultant") dated June 30, 2011 ("Agreement," Agreement No. 2011-050) is made this 1-J.t") day of December, 2018.
RECITALS
WHEREAS, this Agreement is for the development of the Electronic Permit Tracking System ("PTS") as set forth in the Scope of Work, attached as Exhibit A; and WHEREAS, the Agreement between City and Consultant currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $315,887; and WHEREAS, the parties desire to amend the Agreement so as to provide for additional compensation in the amount of $48,343 for continued development and ongoing maintenance of the PTS; and
WHEREAS, the Agreement between City and Consultant currently provides in Section 6 for the termination of the Agreement on December 31, 2018; and WHEREAS, the parties desire to amend Section 6 of the Agreement so as to extend the termination of the Agreement to December 31, 2024; and WHEREAS, the Agreement between City and Consultant currently provides in Exhibit A entitled "Scope of Work" the complete and particular description of services as set forth for Consultant; and
WHEREAS, the parties desire to amend Exhibit A of the Agreement to include additional features for the system, including mobile inspections and a Public Works Module as set forth in Additional Features Amendment No. 1, attached as Exhibit A-1; and
WHEREAS, the Agreement between City and Consultant currently identifies in Section 8 Alison Rachal, Vice President of Sales for the Consultant, as the primary contact for the development of the PTS and provisions for assigning or subcontracting work under this agreement; and
WHEREAS, the parties desire to amend the agreement to designate the primary contact for the development of the PTS to be Ahmad Zahedi, Consultant's Director of f,ity of Goleta d ~
Amendment No . ....- to Agreement No. o2 l / -05 4 • I
35 Technical Operations and amend the provisions relating to assignment or subcontracting of work; and
WHEREAS, the Agreement between City and Consultant currently identifies in Section 13 provisions for termination by City; and
WHEREAS, the parties desire to amend provisions in Section 13 related to termination for cause; and
WHEREAS, the parties desire to amend the Agreement to include additional provisions related to termination by Consultant; and
WHEREAS, the Agreement between City and Consultant currently provides in Exhibit B entitled "Schedule of Fees and Payments" the rates for Consultant; and WHEREAS, the parties desire to amend Exhibit B of the Agreement to identify the cost of the requested new features for the system and other base maintenance cost increases due to increases in operating costs, and to reflect completed tasks with a strikethrough as set forth in Schedule of Fees and Payments, attached as Exhibit B-1; and
WHEREAS, the parties desire to amend the Agreement to provide that the City will devote sufficient staff resources to helping Consultant develop the PTS, including the City requested services of Mobile Inspection and Public Works modules; and WHEREAS, the City Council approved this Amendment No. 1, on this 4th day of December, 2018.
AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Section 3 Subsection (a). COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $48,343 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this agreement SHALL NOT EXCEED the sum of $364,230 (herein "not to exceed amount"), with the exception of the "extra services" described in Section 4 of this Agreement, and shall be earned as the work progresses on the following basis:
Rates and with reimbursement to Consultant for those expenses set forth in consultant's Schedule of Fees and Payments marked Exhibit B-1, attached and incorporated herein. The payments, rates and expenses set forth in Exhibit B-1 shall be binding upon Consultant until December 31, 2024, after which any change in City of Goleta
Amendment No . ..k... to Agreement No. 2.t)J I - OS(). {
36 said rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days' notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this agreement.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional six years to read in its entirety:
The term of this Agreement is from the date first written above to December 31, 2024, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.
Consultant shall not commence work on the services to be performed until (i) Consultant furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by City's Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. Section 8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR of the Agreement is amended to identify the current Consultant contact for the development of the PTS as Ahmad Zahedi, Director of Technical Operations and provisions related to assignment or subcontracting of work and read in its entirety:
This Agreement is for professional services which are personal to City. Ahmad Zahedi, Director of Technical Operations for Consultant, is deemed to be specially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work.
This key person shall communicate with, and periodically report to, City on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, written notice including explanation of reason must be provided to City at which time Consultant has 30-days to provide a reassignment as requested or provide a remedy that is agreeable to the parties. If an agreeable reassignment or remedy is not provided, City may terminate this Agreement. This Agreement may not be subcontracted without the City's written approval, which will not be unreasonably withheld. This Agreement is not assignable by Consultant without City's prior consent in writing, which will not be unreasonably withheld, provided the assignee agrees to honor and comply with all of Consultant's obligations under the agreement, as may be amended.
4. Section 13. TERMINATION BY CITY of the agreement is amended to add provisions related to termination by cause and read in its entirety:
City, by notifying Consultant in writing, may upon 30 calendar days' notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If the termination is for cause and the defect or deficiency City of Goleta
Amendment No. _l_ to Agreement No. z.aLL.::=.f)50. /
37 is curable, City must provide consultant written notice of the alleged defect or deficiency in Consultant's performance and provide Consultant with 20 days to cure or solve the problem. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.
5. Section 13.1. TERMINATION BY CONSULTANT is added to the agreement to identify provisions by which Consultant may terminate the Agreement and read in its entirety:
This Agreement may be terminated at any time upon receipt of written notice as provided below:
13.1.1 13.1.2
13.1.3 By Consultant in the event that the City has filed for bankruptcy and is more than 30 days overdue in any payment to Consultant.
By Consultant in the event the City fails to pay any fees pursuant to this agreement as amended and such failure is not cured within 30 days after the last invoice was sent to City.
By Consultant in the event that the City has materially breached this agreement and the City has not cured the breach with 45 days' written notice by Consultant.
6. This Agreement is amended to add Section 31. CITY STAFF RESOURCES to acknowledge that City staff resources necessary to complete the PTS, including the City requested additional services of Mobile Inspection and Public Works modules and read in its entirety:
The City agrees to devote sufficient staff and resources to assist Consultant in data collection and compilation as necessary to provide and maintain Permit Tracking Services and to deliver any extra services selected by the City including but not limited to MAGNET Mobile Inspection or Public Works Permitting Module; and City will provide prompt responses to requests for information and other inquiries by Consultant to facilitate timely implementation of all services.
7. This Agreement is amended to delete and replace in its entirety:
Exhibit A "Scope of Work" with Exhibit A-1 "Scope of Work" attached hereto and incorporated herein.
City of Goleta
Amendment No. ,1_ to Agreement No2C'L/ ...og:}. (
38 8. This Agreement is amended to deleted and replace in its entirety:
Exhibit B "Schedule of Fees and Payments" with Exhibit B-1 "Schedule of Fees and Payments" attached hereto and incorporated herein.
9. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA
'J!~ Micelle Greene, C/YJ Manager
ATTEST:
Ahmad M. Zahedi,
Director of Technical Operations
APPROVED AS TO FORM
City of Goleta
Amendment No. J;_ to Agreement No,21)/ /-Cl6'-0. I
39 Definition of Terms
Project Name: Electronic Permit Tracking System
Exhibit A
Scope of Work
"Hostin9'
1 is a service provided to the City whereby CONSUL TANT supplies and maintains all of the necessary equipment, power and telecommunication connections, bandwidth, and security, to give the City uninterrupted access to the software and all of the City's data, including regular backup and replication of databases and other digital files.
"Maintenance" is the continuous attention to and updating of all necessary software and support services provided by CONSUL TANT to the City for the term defined in this agreement. Maintenance includes all standard software releases and updates made available during the term of this AGREEMENT .
Task 1: Project Plan
CONSUL TANT shall develop a Project Plan for approval by the CITY that details the project scope, schedule, resources, and limitations. CITY approval shall be provided by CITY Project Manager. Task 1 includes coordinating with the CITY's document imaging vendor to ensure that the existing paper/microfiche records are scanned in a manner that best supports the permit tracking system.
Task 2: Project Kickoff
Upon CITY approval of the Project Plan (Task 1), CONSUL TANT shall conduct a conference call with the CITY for a project kick off meeting to review all technical and non-technical requirements related to the Quality Assurance (QA) process and the Consultant's proposed solution . Requirements include functional, reporting, configuration, hardware, training, human resource, and logistics.
Task 2A - Meetings: CONSUL TANT shall hold a series of requirements gathering meetings over a single, consolidated four-day onsite trip to the CITY of Goleta offices where CONSUL TANT's applications engineer shall meet separately with a team from each CITY Department and present a demonstration of system performance, process flow, data requirements, reporting and general operations . CONSUL TANT shall use information learned from these meetings to ensure all the CITY's operating procedures are understood and appropriately planned for. Meetings will be anywhere from half to a full day for each of the departments. The CITY will provide one point of contact for each department.
Task 2B - Interface Protocol: CONSULTANT shall define all the necessary features of the interfaces required in the system and review with the CITY staff before finalizing interface protocols. The protocol shall establish third-party interfacing requirements and reporting packages. The protocol shall include a host of data interfacing options- such as Excel import/export, file imports, watch folders, and Web services.
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 1
40 Project Name: Electronic Permit Tracking System
Task 2C - Data Import Protocol: CONSUL TANT shall identify all data fields and associated meta-data that can be initially loaded in an automated fashion into the system.
The data shall be gathered collaboratively between CONSUL TANT and CITY staff .
Task 20 - Software Requirements Specifications: CONSULTANT shall proceed with the preparation of the system's user and functional specifications that shall serve to build, test, and deploy the Manager Solution, the MAGNET software. Specifications shall include, but are not limited to:
• Hardware/Software (e.g. server, network, systems integration components) • Functional (e.g. application, reporting, workflow, email notification data that rs detailed, specific, and testable)
e Configuration Data (e.g. Data Import Protocol process) & Training (e.g. CITY staff and other key agency personnel) • Logistics (e.g. beta-testing system)
e Human Resources (e.g. user permissions)
The specifications document shall be housed in a central repository to enable effective communication and collaboration between the CITY and CONSUL TANT . Specification requirements shall be uniquely identified to allow traceability between the requirement and the testing.
Task 3: System Build
CONSUL TANT shall proceed with building the CITY's system. CONSUL TANT shall install and test hardware, and provide solution programming, coding, designing, data importation and verification, development of use case tests, traceability matrix and training development activities including:
Task 3A - Configuration: CONSUL TANT shall programmatically fit the MAGNET system to the needs of the CITY including configuration of all workflows and definition of data types.
Task 38 - Feature Enhancements: If the CITY requests feature enhancements that are not reasonably included within the services described in the Scope of Work herein , the CITY and CONSULTANT shall mutually agree in advance and in writing before the performance of extra services are initiated consistent with Section 4 of this AGREEMENT .
Task 3C - Interface Development: CONSUL TANT shall develop interfaces identified in Task 28 (Interface Protocol).
Task 30 - Data Loading: CONSUL TANT shall import data collected and documented in Task 2C (Data Import Protocol) . All data sh~II be provided by the CITY to CONSULTANT.
This includes any Community Development data from all existing relevant database systems currently used by the CITY which can be. loaded in an automated fashion into City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 2
41 Project Name: Electronic Permit Tracking System
the permitting software. CONSUL TANT shall import an unlimited number of spreadsheets or other user-generated data as long as the data currently exists in a format where there is a clear mapping between the data being imported and an applicable location in the permitting software. In consultation with the CITY, CONSUL TANT shall create additional information fields in the permitting software to support any type of data being converted over from the legacy system.
CONSULT ANT shall import any documents, spreadsheets, and other files that are currently attached or belong to specific properties, permits, etc. This activity includes unlimited imports so long as the storage structure of the data is in a form where it is readily identifiable what the mapping is from the file to a particular record within the permitting software.
In consultation with the CITY, CONSUL TANT shall import (attach) documents that are currently organized in either a reference database or a hierarchical file system structure.
CONSULTANT's data conversion services include the conversion, implementation, and verification of CITY legacy data, and existing GIS Data; an unlimited number of GIS layers are included.
Task 3E - Training Material Development: CONSULTANT shall develop the training materials specific to the CITY and integrate them into the Consultant's Training Material package which includes a core system and process training, and a CITY-specific training component as required in Task 20 (Training) .
Task 4 - System Test
CONSUL TANT shall undertake formal system testing, preparation for beta-testing and training including:
Task 4a - Use Case Testing: CONSUL TANT shall execute all defined use cases (e.g., submit permit application, request an inspection, etc.) and provide evidence for each use case as proof of a successful execution . Consultant shall document, investigate and resolve any deviations that occur during execution of protocols.
Task 48 - Regression Testing:.CONSUL TANT shall conduct full-scale regression testing to ensure all configurations and feature enhancements contain no unintended consequences. CONSUL TANT shall use iterative testing practices to confirm functionality.
Task 4C - Data Load Testing: CONSUL TANT shall iteratively test the system to ensure that all data loaded imported functions within the system have not caused any unintended consequences.
Task 40 - Interface Testing: CONSUL TANT shall test all interfaces to ensure functionality and that no unintended consequences have resulted.
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 3
42 Project Name: Electronic Permit Tracking System
Task 4E - Soft Launch Logistics: CONSUL TANT shall beta-test logistics by testing logistical and scheduling activities for account managers, application engineers and/or service providers who shall be conducting the beta-testing.
Task 4F - Team Training : CONSULTANT shall conduct in-house training over a single11 consolidated four-day onsite trip to the CITY. Training Program is, known as CONSUL TANT University, for all project team members including, but not limited to, Account Managers, Project Managers, and Technology personnel. The training program contains components of system use, process delivery and CITY-specific requirements/instructions.
Task 5: Soft Launch
CONSUL TANT shall beta-test during the pilot phase of the project including activities related to system pilot, benchmark finalization, definition and communication of the CITY Support Model, logistic preparation, in-house training , and concluding with system acceptance (Go-Live) including:
Task 5A - Benchmarking : CONSUL TANT shall determine benchmarks via thorough analysis of the beta-test results. CONSUL TANT's software development team shall perform the analysis in coordination with the CITY's Account Manager and Technology personnel. If benchmark formulas differ from the original requirements, then the requirements specification (Task 2d) shall be updated and subsequently design specifications and testing shall be reworked to assure the benchmark requirement performs as intended .
Task 5B - Support Model: If necessary, CONSUL TANT shall develop a CITY-specific support model that shall document support levels, support categories, roles and responsibilities and the process for escalation, i.e., how varying support calls are handled by CONSULTANT.
Task 5C - Deployment Logistics: CONSUL TANT shall provide on-site training of CITY staff and shall be present to prepare for Go-Live (single, consolidated two-day onsite trip).
Task 5D - System Acceptance : CONSUL TANT and CITY shall document acceptance of the system including acceptance that the CITY is ready to use the system in the production environment. A memorandum, prepared by CONSUL TANT for CITY review and approval , is a required deliverable before Go-Live.
Task 6 - Deploy (Go-Live)
Once receipt of system acceptance via the memorandum in Task 5D, the system shall be released for use, i.e., to Go-Live. This phase includes activities which assure the project team, CITY staff and service providers are trained, QA results are reviewed and verified and customer feedback is obtained including:
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 4
43 Project Name: Electronic Permit Tracking System
Task 6A - QA Verification: CONSULTANT performs QA verification, usually over a one month period, to assure that CITY use cases are properly meeting client's expectations.
Task 68 - Customer Feedback : CONSUL TANT shall document feedback as each QA is completed to assure the business process and technology is functioning as expected.
This process shall be integrated with Task 6A (QA Verification) .
Task 7 - On-Going Operations
Once the MAGNET system is up and running, CONSUL TANT shall provide the following ongoing services and operations:
Task 7A - Change Management: CONSUL TANT shall keep a record of approved changes to the system pursuant to the Change Request procedures. This includes changes to version upgrades, configuration, functionality , training materials and/or training aids, and add-on work that might be requested by the CITY that is not included as part of this scope of work. Any changes that may impact the CITY shall be communicated by the Consultant. As part of this scope of work, CONSUL TANT shall review and approve the addition and list required deliverables. CITY-requested changes to permit fees, account numbers, custom report changes, CITY file changes or anything involving CITY~specific changes may be billed at a time and materials basis under a separate scope of services .
Task 7B - Procedures: CONSUL TANT shall create and update appropriate procedures and provide to the CITY for management and administration of the project life cycle and system.
Task 7C - Disaster Recovery: CONSUL TANT shall perform an annual Disaster Recovery exercise (which includes Backup and Restart). Results shall be summarized, archived and shared with the CITY. CONSULTANT shall conduct data backup on a daily basis at off-site locations.
Task 70 - Performance Monitoring: CONSUL TANT shall benchmark and/or monitor system performance that shall be reviewed, analyzed and shared with the CITY on a quarterly basis. CONSUL TANT shall monitor the system to detect and correct potential flaws before they become effective faults.
Task 7E - Documentation Management: CONSUL TANT shall maintain all life cycle documentation in a central storage system located at the CONSUL TANT's headquarters in Pennsylvania.
Task 7F - Support Services: CONSUL TANT shall provide technical support to CITY as part of the system maintenance. Support services will, at a minimum, include:
- Unlimited use of the Live Help Desk available to the CITY between the hours of 5am- 5pm Pacific Standard Time.
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 5
44 Project Name: Electronic Permit Tracking System
- Unlimited use of a CITY portal, referred to as "e-Support''. available to the CITY 24 hours a day, 7 days a week. E-Support allows CITY to log support issues and check for status updates on support requests. E-Support shall enable CITY to assign a specific priority to particular requests. CONSUL TANT shall make document updates and downloads available through thee-Support p_ortal.
- Unlimited use of direct phone calls and emails to CONSULTANT. - Technical troubleshooting for assessment, diagnosis, documentatlon, and ultimate resolution of issues that pertain specifically to the CITY's software. Troubleshooting does not extent to CITY hardware or CITY operating system components at City Hall. - CONSULTANT shall provide free re-training sessions for the life of the product to any staff member who was previously trained by the CONSUL TANT. Upon the CITY's request for a free re-training session, training will be conducted using remote training portals. Training shall be available to a classroom-sized group of a maximum of 15 users at once or on a one-on-one ratio as needed.
Task 7G - Software Updates: CONSUL TANT shall update and enhance the standard software as new releases are available. CONSUL TANT shall modify the software components to keep the product usable in changing external operating environments, to successfully meet the performance and reliability expectations of CITY, and to correct discovered software problems. CONSUL TANT shall work directly with CITY to resolve issues using direct observation of system issues through the workstation view function of the software when needed.
Task 7H - Software Access Management: CONSULTANT shall maintain the software portals as part of normal maintenance. Portal access to City-approved outside agencies and contractors shall be provided to enable outside review and approval of land development projects. Outside agencies and contractors must be registered and have appropriate security credentials to utilize this function and shall coordinate with CONSUL TANT via CITY.
Task 71 - Offsite Hosting: CONSUL TANT shall host the system offsite at their facility in Pennsylvania, upgrading as they improve the software and maintain the system to ensure system functionality .
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "A" Page 6
45 Exhibit A-1
Additional Features Amendment No. 1
1. Mobile Inspections: Computer Software lncorporated's ("Consultant") mobile inspections module, called MAGNET Mobile, provides the ability for City inspectors to view and complete their assigned inspections directly from a mobile device while in the field. This module will be fully defined during development of the Electronic Permit Tracking System (PTS) and shall be incorporated as part of the Scope of Work. Additional information about this module can be found in the included product brochure.
2. Public Works Module: Consultant's Public Works module allows for the tracking of Public Works Permits and Inspections. This module will be fully defined during development of the PTS and shall be incorporated as part of the Scope of Work. 46 Project Name: Electronic Permit Tracking System
Exhibit B
Schedule of Fees and Payments
Flat Rate Contract Price and Payment Schedule for One-Time Costs Total compensation payable for software licensing, system setup, configuration, programming, data conversion, training, and other services as specified in Exhibit "A" Scope of Work Task 1 through Task 6 of this AGREEMENT, shall be $135,300 and shall be earned. payable and billed based on progress according to the milestones of the project schedule as follows:
cc
.• .. Milestone. •. Payment %
Upon Contract Execution (Prior to Commencement of Task 1) $27,060.00 20% After Completion of Task 1 (Project Plan) $27,060.00 20% After Completion of Task 28 thru Task 3 $27,060.00 20%
After Completion of Task 4 (System Build) $20,295.00 15% After Completion of Task 5 (Soft Launch) $20,295.00 15% After Completion of Task 6 (Go-Live) $13,530.00 10%
Total Flat Rate Contract Price $135,300.00 100%
Payment Schedule for Ongoing Costs
Thirty (30) days after the release of the system for use on the internet (see Exhibit "A" Scope of Work Task 6), on-going operations as specified in Exhibit "A" Scope of Work Task 7A through Task 7H of this AGREEMENT shall be earned, payable and billed annually according to the following schedule:
Sct,edulE!.<>lbn9oi11g,n,,ajntE!nance_ Payments
(TcJikfA .tnrn TasKo/HJ • • •
Year 1 $26,004.00
Year2 $27,564.24
Year3 $29,218.09
Year4 $30,971.18
Year5 $32,829.45
Upon the release of the system for use on the internet (see Exhibit "A" Scope of Work Task 6), software hosting as specified in Exhibit "A" Scope of Work Task 71 of this AGREEMENT shall be earned, payable and billed annually according to the following schedule :
~cm~~IJ_ie qf Ho;;ti•~,gs~f,vices •·• •··•·
Hosting Services I $3,000/year
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "B" Page 1
47 Project Name: Electronic Permit Tracking System
Support Services Rates
Travel Expenses associated with activities specified in Exhibit "A" Scope of Work Task 2A, Task 4F, and Task 5C of this AGREEMENT shall be earned, payable and billed according to the following schedule:
. Schedule of Travel Expenses
Per Diem Rate $215.00/day
Airfare $350.00/flight
Rental Car $50.00/day
Support Services as specified in Exhibit "A" Scope of Work Task 1 of this AGREEMENT and services outside the scope of this AGREEMENT shall be earned, payable and billed according to the following schedule:
Hourly Fees
Hourly Rate $125.00/hour
City of Goleta
PES Agreement with Computer Software Incorporated
Exhibit "B" Page 2
48 Exhibit B-1
Schedule of Fees and Payments
Flat Rate Contract Price and Payment Schedule for One-Time Costs Total compensation payable for software licensing, system setup, configuration, programming, data conversion, training, and other services as specified in Exhibit "A" Scope of Work Task 1 through Task 6 of this AGREEMENT, shall be $154,016.67 and shall be earned payable and billed based on progress according to the milestones of the project schedule as follows:
Milestone Payment %
ld~eR GeRtFast e*es1:,1tieR (PFieF te GeA=iFReRseFReRt ef +ask ~) $~7,[email protected] 4-8-% AfteF GeFR~letieR ef +ask 1 (PFejest PlaR) $~7,[email protected] 4-8-% AfteF GeFR~letieR ef +ask ~B tAFbl +ask a $~7,[email protected] 4-8-% After Completion of Task 4 (System Build) $26,533.59 17% After Completion of Task 5 (Soft Launch) $26,533.59 17% After Completion of Task 6 (Go-Live) $19,768.89 12%
Total Flat Rate Contract Price $154,016.67 100%
Payment Schedule for Ongoing Costs for All Modules
Thirty (30) days after the release of the system for use on the internet (see Exhibit "A" Scope of Work Task 6), maintenance shall be earned, payable and billed annually according to the following schedule:
Schedule of Ongoing Maintenance Payments
(Task 7 A thru Task 7H) ,
Year 1 $31,230.78
Year 2 $32,884.63
Year3 $34,637.72
Year4 $36,495.99
Years $38,465.76
Yearly maintenance prices have been updated to reflect new requested features and standard increases as further described in Exhibit 4.
Upon the release of the system for use on the internet (see Exhibit "A" Scope of Work Task 6), software hosting as specified in Exhibit "A" Scope of Work Task 71 of this AGREEMENT shall be earned, payable and billed annually according to the following schedule:
Schedule of Hosting Services - (See Exhibit 5)
Hosting Services I $3,500/year
49 Support Services Rates
Travel Expenses associated with activities specified in Exhibit "A" Scope of Work Task 2A, Task 4F, and Task 5C of this AGREEMENT shall be earned, payable and billed according to the following schedule:
Schedule of Travel Expenses
Per Diem Rate $296.00/day
Airfare $350.00/flight
Rental Car $50.00/day
Support Services as specified in Exhibit "A" Scope of Work Task 1 of this AGREEMENT and services outside the scope of this AGREEMENT shall be earned, payable and billed according to the following schedule:
Hourly Fees
Hourly Rate $145.00/hour
50