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HomeMy WebLinkAboutCC Resolution 10460 (Permit Tracking Software)RESOLUTION NO. 10460 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND CRW ASSOCIATES FOR PERMIT TRACKING SOFTWARE. WHEREAS, the City of San Rafael seeks the implementation of technological advances for operations in all Departments; and WHEREAS, the City Council of the City of San Rafael has identified the computerization of the development permitting process and establishing a parcel data base as a priority; and WHEREAS, implementation of permit tracking and parcel management software is included in the Information Services Committee five year strategic plan; and WHEREAS, CRW Associates has been determined to provide a software package that meets the City's needs and can do so at a competitive price; and WHEREAS, the Community Development technology fund is able to purchase permit tracking and parcel management software from CRW Associates at a cost not to exceed $98,250 for software and installation and $5,750 for annual maintenance; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby authorizes the City Manager to execute the contractual agreement between the City of San Rafael and CRW Associates for the purchase of permit tracking and parcel database software and services. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Tuesday, the sixth day of July, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller JEWNE M. LEONCIN\City Clerk AGREEMENT for PROFESSIONAL SERVICES This agreement is made as of the 6th day of JULY , 1999, by and between the City of San Rafael, California, (hereinafter referred to as "CITY") and Christopher R. Wuerz, dba CRW Associates (hereinafter referred to as "CRW") IN CONSIDERATION of the covenants set forth in this Agreement, the CITY and CRW hereto mutually agree as follows: A. SCOPE OF SERVICES A.I. Project Description This Project is described as follows: Provide and install a municipal software system, including permit management, project tracking and code enforcement software modules. A.2. Description of Services CONSULTANT shall perform Services described in Exhibit "A", Scope of Work, attached hereto and incorporated herein by this reference. A.3. Responsibilities of the CITY The responsibilities of the CITY are described in Exhibit `B" attached hereto and incorporated herein by this reference. A.4. Schedule of Work Upon receipt of this fully executed Agreement from the CITY, CRW shall perform the Services described in Exhibit "A", Scope of Work with diligence. CRW shall complete all services within 120 days of receipt of this fully executed Agreement. A.5. Responsibilities of CRW CRW shall not be responsible for delays or damages outside of its reasonable control. These shall include, but not be limited to: failure of the CITY to furnish timely information; failure of the CITY to approve or disapprove of CRW's work; or for strikes, lockouts, accidents or acts of GOD. B. COMPENSATION B.1. Fee CITY agrees to compensate CRW for professional services rendered under this Agreement in the amount not to exceed One Hundred Four Thousand Dollars ($ 104,000.00), which fee shall include all labor, materials, taxes, insurance and all other costs except any items in Exhibit "C" specifically identified as not included. B.2. Terms of Compensation CRW will submit invoices for work performed according to the payment schedule shown in Exhibit "C". The CITY agrees to pay all undisputed invoices upon receipt. CITY agrees to notify CRW of any disputed invoice amounts within ten (10) business days of the invoice date. Delinquent invoices will be subject to a late payment carrying charge computed at a periodic rate of 1.0% per month, AGENCY _CRW P4" Page 1 which is an annual percentage rate of 121/6, which will be applied to any unpaid balance commencing forty-five (45) days after date of the original invoice. Additionally, in the event CITY fails to pay any undisputed amounts due CRW within forty-five (45) days after invoices are submitted, then CITY agrees that CRW shall have the right to consider said default a total breach of this Agreement and the duties of CRW under this Agreement may be terminated by CRW without liability to CRW upon fifteen (15) working days advance written Notice; provided, that the CITY shall remain liable to CRW for payment of all work performed up to termination but not yet paid. B.3. Additional Services CITY may request CRW to perform additional services not covered by the specific Scope of Work set forth in this Agreement. Any work performed by CRW outside the Scope of Services shall be billed on the basis of a mutual written agreement which shall be made an amendment to this Agreement. CRW will not commence any additional services for the CITY until written authorization has been given by the CITY. Any work done outside the scope of services which is not mutually agreed in writing and signed by both parties shall not be compensated. C. INSURANCE AND INDEMNIFICATION C.1. Insurance During the term of this Agreement, CRW shall maintain, at no expense to the City, the following insurance policies: a. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage.; b. An automobile liability (owned, non -owned and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; The insurance coverage required of CRW by Section C.1 shall meat the following requirements: a. The insurance shall be primary with respect to any insurance or coverage maintained by the City and shall not call upon City's insurance or coverage for any contribution. b. CRW shall provide to the Project Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming City, its officers, agents, employees and volunteers, as additional named insured under the policies. c. The insurance policies shall provide that the insurance carver shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies, except upon thirty (30) days written notice to Project Manager. d. The Insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. AGENCY AC-FURW 6ALJ Page 2 e. The insurance shall be approved as to form and sufficiency by Project Manager and the City Attorney. If it employs any person, CRW shall maintain worker's compensation and employer's liability insurance, as required by State Labor Code and other applicable laws and regulations, and as necessary to protect both CRW and City against all liability for injuries to CRW officers and employees. Any deductibles or self-insured retentions in CRW's insurance policies must be declared to and approved by the Project Manager and the City Attorney. At the City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or CRW shall procure a bond guaranteeing payment of losses or related investigations, claims administration, attorney's fees and defense expenses. C.1. Indemnificaion CRW shall indemnify, release and hold harmless City, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts of omissions, intentional or negligent, of CRW or CRW's officers, agents and employees in the performance of their duties and obligations under this Agreement City shall indemnify, release and hold harmless CRW, its officers, agents and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts of omissions, intentional or negligent, of CFFY or CITY's officers, agents, employees and volunteers, in the performance of their duties and obligations under this Agreement D. TERMINATION D.I. Termination of Agreement Discretionary. Either party may terminate this Agreement for cause upon thirty (30) days written notice mailed or personally delivered to the other party. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination he reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT'S documents and materials (except source code) prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. E. OWNERSHIP OF DOCUMENTS E.1. Ownership of Documents AGENCY)f(�,—CRW Cfi* Page 3 All plans, specifications, reports and other design documents prepared by CRW pursuant to this Agreement are instruments of service which shall be deemed the property of the CITY. All source code for computer programs or modifications to programs, which are produced pursuant to this Agreement shall be deemed the intellectual property of CRW. CRW may apply for copyrights or patents on all or any part of the work performed under this Agreement. E.2. Source Code Escrow CRW agrees to provide a copy of the latest source code in a software escrow account. E.2.1. The escrow account will be at any bank or legal office chosen by CRW. CRW will deliver the source code on floppy diskette to the bank or legal office for escrow, and CRW will provide updated source code to the bank or legal office semi-annually (or as long as the City maintains technical support). E.2.2. CRW will pay the entire cost of this source code account. E.2.3. In the event that CRW ceases to do business or ceases to offer or provide support for the software it has provided to the CITY, then the CITY will have the right to access and use the source code. E.2.4. If the City terminates the contract for any reason, or if CRW terminates the contract for non-payment, then all source code must be returned unopened and unused to CRW. F. GENERAL PROVISIONS F.1. Representation All communication relating to the day -today activities of this project shall be exchanged between a designated representative of the CITY and a representative of CRW. CITY Representative Mr. Bob Brown City of San Rafael 1400 5h Street, Room 209 San Rafael, CA 94901 Phone: (415) 485-3090 Fax: (415) 485-3184 e-mail: CRW Representative Mr. Christopher R. Wuerz, P.E. CRW Associates 16980 Via Tazon Suite 320 San Diego, CA 92127 Phone: (619) 451-3030 Fax: (619) 451-3870 e-mail: Chris@crwassoc.com If the designated representative or address of either party changes during the term of this Agreement, a written notice shall be given to the other party prior to the effective date of change. F.2 Arbitration of Disputes through Mediation All disputes relating to this Agreement shall be resolved by the following procedures:. The parties shall first participate in non-binding mediation of any dispute arising under this Agreement (whether contract, tort, or otherwise), as provided herein: AGENCY �ERW ✓ Page 4 F.2.1. The party desiring mediation shall first give written notice thereof to the other party to this Agreement, specifying the dispute to be mediated. F.2.2. The mediation shall be held at San Rafael, California, or at such other location as may be mutually agreed between the parties. The mediation shall be conducted according to, and a mediator chosen pursuant to, the rules of the American Arbitration Association. F.2.3. At least ten (10) business days before the date of the mediation, each side shall provide the mediator with a statement of its position, along with copies of all supporting documents. Each party shall send to the mediation a person who has authority to bind the party. If a subsequent dispute will involve third parties, such as insurers or subcontractors, they shall also be asked to participate in the mediation. F.2.4. If a party hereto has participated in the mediation and is dissatisfied with the outcome, then that party may file legal action covering such dispute. F.3 Warranty and Indemnification CRW represents that the provision of the software system to City does not violate any patents or intellectual property rights held by third parties, or any license agreements that CRW has with third parties, and agrees to indemnify and hold harmless the City from any demands, claims or liability by any such third parties based upon patent infringement, conversion of intellectual property rights, or breach of license agreements." F.4. Attorney's Fees In the event that any legal proceedings should be instituted by either CRW or the CITY hereto to enforce the terms of this Agreement or to determine the rights of CRW or the MY, then the prevailing party in said proceeding shall be entitled to recover reasonable attorney's fees in addition to all court costs. F.5. Applicable Law This Agreement, its interpretation and all work performed thereunder shall be governed by the laws of the State of California. F.6. Binding on Successors All the terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives. F.7. Entire Agreement This Agreement contains the entire understanding and agreement between CRW and the CITY. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. This Agreement may be modified or amended only by subsequent written agreement signed by both CRW and the CITY. F.8. Titles The titles used in this Agreement are for general reference only and are not part of this Agreement. F.9. Inspection and Audit Upon reasonable notice, CRW shall make available to MY, or its agent, for inspection and audit, all documents and materials maintained by CRW in connection with its performance of its duties under this Agreement. CRW shall fully cooperate with CITY or its agent in any such audit or inspection. AGENCY&�,ERW OW Page 5 F.10. Assignability The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. F.H. Non -Discrimination CRW shall not discriminate, in any way, against any person of the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. F.12. Compliance with all Laws CRW shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CRW shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CRW shall release, indemnify and hold harmless City, its officers, agents and employees, from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes and regulations. F.13. No Third Party Beneficiaries CITY and CRW do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. F.13. Year 2000 Warranty and Indemnification CRW warrants that each item of software delivered, developed, or modified under this agreement, shall be able to accurately and reliably process (including, but not limited to, calculating, comparing, and sequencing) date data from, into, and between the twentieth and twenty-first centuries, including leap year calculation. CRW further represents and warrants: a. That the software both as a stand alone or as part of an integration with other products, will not malfunction, abnormally end, abort the process, or provide invalid or incorrect results in the date values due to the software's inability to process date data in reference to a two digit century value, two digit year value, two digit month value, or two digit date value. b. That the software will accurately manipulate data to use two digit century value, two digit year value, two digit month value, or two digit date value, or any combinations of the forgoing. AGENCY (a�r—C-RW GW Page 6 For the City of San Rafael, CA By: City Manager: ROD GOU L D Attest : ge& , )k - City Clerk Jeanne M. Leonci ni Approved City Attoin For CRW Associates By:'LU Ast*operR. Wuer Owner Date : d ~ Z 19 AGENCY g�CRWf�M% Page 7 EXHIBIT "A" SCOPE OF SERVICES CRW shall perform all services detailed and referenced in, and in the manner described in, CRW s "Response to Requests For Proposal" dated March 26, 1999, and in CRWs letter "Automated Systems for Community Development Cost Revision' dated March 29, 1999, which documents are collectively incorporated herein by this reference as Exhibit "G". Such services shall include but shall not be limited to the following: 1. Install Permit Tracking, Code Enforcement and Project Management software. 2. Provide data conversion. City to provide historical data, if available, in ASCII or other standard database format. 3. Provide on-site hands-on Administrator Training. 4. Provide on-site hands-on User Training. 5. Provide full-day on-site support on implementation date. 6. Include dial -in telephone support with Annual Maintenance. City to provide local workstation with pcAnywhere (or equivalent) connection. 7. Delivered system must be Y2K compliant. AGENCY�'�CRW 6W Page 8 EXHIBIT "B" INFORMATION TO BE PROVIDED BY CITY The City will provide all information necessary for CRW to establish the permit software control files, including but not limited to: 1. Current valuation and fee structures 2. Current Permit Type designations and categories 3. Examples of all current reports used by the City relating to permit management. 4. Any exceptions to the typical permit process, or any special permit processing requirements. The City will provide CRW with access to workstations and disk space for installation of the software. The City will ensure and provide that staff who will be trained in the use of CRW software will have sufficient basic knowledge of permit processing and MS Windows functions. AGENCY /fC,--eRW U'S'N/ Page 9 EXHIBIT "C" SUMMARY OF PROJECT FEE The following information is reprinted from Proposal submitted by CRW Associates to the City of San Rafael on March 26, 1999. Italicized comments added. 1. CRW Associates Software License CRW Associates will provide the City of San Rafael, California, with a 20 User license for our complete suite of software applications designed to streamline Community Development functions. This suite includes: ❑ Builder's Square — which provides all permit management and inspection capabilities ❑ Code Track — which provides all code compliance capabilities ❑ Project Track — which provides all planning application and tracking capabilities This software may be installed on multiple standalone PC workstations or on a network, at the City's option. This software includes all modules and functions which are listed in our enclosed product specifications. The fee for this item will be $ 28,750 for a 20 User license la. Installation and Training for CRW Associates Software Installation includes setup of all relevant fees and valuation schedules as used by the City. We estimate 7 - 12 days for appropriate assessment, configuration, and implementation of our software. The number of days required will depend upon the number of users licensed for our software. The fee for this item will be $ 15,000 CRW Associates will provide training for Builder's Square, Code Trak, and Project Trak software. Training will be conducted at City offices for up to ten (10) staff members per training day. We anticipate at least 3 days of training per group of ten staff members. It is assumed by CRW that the staff to be trained for the software will have a basic knowledge in the use of personal computers and MS -Windows. The fee for this item will be $ 9,000 for 20 Users CRW Associates estimates an additional 2 days of extensive training for designated System Administrators. The training will be conducted at the City for up to three (3) staff members per training day. The fee for this item will be: $ 5,000 per 3 System Administrators Subsequent days of training for up to six (6) staff members, if requested by the City, will be billed at the rate of $ 1,750 per day, plus travel expenses. AGENCY _JC, --6W QW Page 10 Travel and expense costs for this task are not included in this fee, and will be billed separately. lb. Technical support and Software updates CRW Associates will provide technical support and all software updates per our Standard Annual Maintenance Policy (see attached) for a period of six (6) months after the date of installation of the software at the City office. This service will be provided to the City at no charge. 2. Annual Maintenance Costs: Cover first 12 month maintenance period following initial six (6) month no -charge maintenance period. The fee for this item will be $ 5,750. 3. Telephone Technical Support Account (TSA) A payment of $ 500 will be required to establish a Technical Support Account (TSA) for telephone support. Charges for telephone support will be deducted from the TSA as calls are made by the client. Phone support calls will be logged in 15 -minute increments and charged at a rate of $60 per hour. Subsequent payments of $500 will be required for ongoing phone support when the TSA falls below a minimum balance of $100. CRW Associates will provide monthly account summaries. The fee for this item will be: Within 90 days of implementation No charge After 90 days $ 500 minimum 4. Database Development: CRW Associates proposes to assist the City in developing an SQL Server RDBMS database. Should the City have a different preference, or wish to migrate to a different database configuration in the future, CRW Associates commits to configure the database, as needed and will propose costs/fees upon receipt of those specifications. The fee for this item for SQL Server RDBMS will be $ 3,500 5. Conversion of Existing Permit Records: We will provide database conversion services necessary to convert the City's existing Fire Department permit databases to our system format. To accomplish this conversion, the City will provide a copy of the existing database in ASCII, dBase, Excel, or Access format. The fee for this conversion service will be $ 5,000 6.Interface for interactive Internet capabilities: CRW Associates proposes to configure an interface for our software system so that full Internet functions are available. CRW Associates will design and implement the interface based on the requirements of the City. The price for this item will be: $ 6,000 AGENCY / &—,-�W GWl/ Page 11 7. Interface with GIS databaselsystem: CRW Associates is a registered business partner with ESRI, and we have worked with them to provide a seamless integration of our software to their ArcView database. We have recent, relevant experience with multi -department GIS needs. Our projects are examples of our commitment to provide enterprise -wide solutions which showcase GIS as a planning and administrative tool. CRW Associates delivers a series of Avenue scripts and table-driven initialization files which provide a convenient method for linking GIS data to the permit database. Our data -verification functions allow the user to quickly (and graphically) select owner and applicant names when a permit is entered into the system These features enable ease in generating radius notifications and mailing lists, displaying Land Use associated activities, and verifying addresses at the point where they were entered into the system. The fee for this item will be: $ 6,000 8. Timeclock Module: CRW Associates has developed a comprehensive `timeclock' designed to track a variety of timelines mandated by City and State government. If selected, we commit to implement and configure our timeclock to meet the needs specific to the City of San Rafael. The cost for this module is: no charge 9. Implementation Assistance and Project Management We will assist the City with the technical support services during implementation, to design custom permit and application types, screen layouts and reports. The following are estimates based on the specifications identified and not reflected in Item 1. The fee estimates for this items will be : Project Management: Permit Types/Screens: Report Layouts: Total fee for this item is 40 - 50 hrs @ $120/hr. 45 - 55 hrs @ $100/hr. 30 - 40 hrs @ $100/hr. 10. Travel and Expenses for On-site Visits $15,500 We propose to complete the installation and training during the course of several on-site visits to the City as listed below. The specific scheduling and dates of these visits will be determined by mutual agreement upon execution of the contract. The Total Fee for travel costs under this Agreement is $ 4,500. AGENCYC��W Cf vv Page 12 EXHIBIT "D" COST SUMMARY and CONTRACT TERMS AND CONDITIONS Cost Summary Item 1 Software Item 1 a Installation and Training Item lb Technical Support Item 2 Annual Maintenance Item 3 Telephone Tech Support Item 4 SQL Database Development Item 5 Database Conversion Item 6 Internet Interface Item 7 GIS Interface Item 8 Timeclock Module Item 9 Implementation Item 10 Travel GRAND TOTAL Payment terms will be: $ 28,750 $ 29,000 No Charge for first six months. $ 5,750/yr. (Covers first yr after 6 months) Billable after first 90 days. Rate = see notes $ 3,500 $ 5,000 $ 6,000 $ 6,000 No Charge $ 15,500 $ 4,500 $ 104,000 A. Initial Project Payment: One-fifth (201%) of the total contract amount must be paid upon execution of contract. B. Project Holdback Payment: One fifth (20%) of the total contract amount shall be paid within thirty (30) days of project acceptance. Project acceptance shall be determined to have occurred at the time that the City begins using CRW software for live production and tracking of construction permits. C. The balance of the contract shall be paid in installments determined by project milestones as shown on the table below Invoices are due and payable upon receipt. AGENCY /�RW aYA1 Page 13 IMPLEMENTATION TIME LINE / COMPENSATION Pay Point Projected Payment Amount Target Date 1. Initial software delivery. Upon City approval of contract and signature 7/15/1999 $ 20,800 (201%) of all documents by CRW and City, CRW delivers standard version of proposed Licensed Software Product on CD computer media. CRW begins to modify software product to meet contract commitments and customize screen displays and reports to meet City requirements. 2. Project kick-off meeting. CRW reviews project timetable and training Wk of 7/22/99 None schedule with City Computer Services and Community Development Dept. personnel. CRW adjusts schedule as required. CRW installs standard software with demonstration database for initial testing by City. City provides copy of existing data to CRW for preliminary conversion. 3. Complete Software Delivery. CRW delivers and installs modified Wk of 8/15/99 $ 20,800 (20%) Licensed Software Product. CRW installs converted data for City review and testing. CRW demonstrates that software conforms to proposal specifications and additional commitments. City begins testing completed software using converted data. 3A. SQL Server Database Configuration. City configures SQL -Server database, and installs data table structures. CRW assists City with database configuration 4. Initial Training. CRW trains System Administrators and Users. City Wk of 9/4/99 $ 10,400 (101/1.) tests system and verifies that it performs as specified and is ready for use. CRW corrects defects as necessary. 5. Data Delivery. Upon successful test results, City delivers complete Wk of 9/4/99 None existing historical data to CRW for final conversion 6. Pre -production Training. CRW trains Front Counter staff. City begins Wk of 10/1/99 $ 10,400 (10%) to use system for customer service. CRW assists City staff with initial operation. 7. Supplementary Training. CRW trains Building, PW, Engineering. Wk of 10/22/99 None Review and usage of system by staff. Implementation changes as needed. 8. Final Training. CRW trains Inspectors and additional as needed. Wk of 11/15/99 $ 20,800 (20%) 9. Final system acceptance by City. City completes Acceptance Testing, 12/1/1999 $ 20,800 (200/6) as outlined in Exhibit F, and certifies Permit System delivered as specified and proposed. CRW corrects defects as warranted. Target dates on this schedule are intended to reflect projected completion dates for the respective milestone, not contractual date deadlines. The contractual completion date for this contract shall be no more than 180 days from the date of execution of this contract AGENCY &W Page 14 IMPLEMENTATION TIME LINE / COMPENSATION Pay Point Projected Payment Amount Target Date 1. Initial software delivery. Upon City approval of contract and signature 7/15/1999 $ 20,800 (20%) of all documents by CRW and City, CRW delivers standard version of proposed Licensed Software Product on CD computer media. CRW begins to modify software product to meet contract commitments and customize screen displays and reports to meet City requirements. 2. Project kick-off meeting. CRW reviews project timetable and training Wk of 7/22/99 None schedule with City Computer Services and Community Development Dept. personnel. CRW adjusts schedule as required. CRW installs standard software with demonstration database for initial testing by City. City provides copy of existing data to CRW for preliminary conversion. 3. Complete Software Delivery. CRW delivers and installs modified Wk of 8/15/99 $ 20,800 (20%) Licensed Software Product. CRW installs converted data for City review and testing. CRW demonstrates that software conforms to proposal specifications and additional commitments. City begins testing completed software using converted data. 3A. SQL Server Database Configuration. City configures SQL -Server database, and installs data table structures. CRW assists City with database configuration 4. Initial Training. CRW trains System Administrators and Users. City Wk of 9/4/99 $ 10,400 (101%) tests system and verifies that it performs as specified and is ready for use. CRW corrects defects as necessary. S. Data Delivery. Upon successfiil test results, City delivers complete Wk of 9/4/99 None existing historical data to CRW for final conversion 6. Pre -production Training. CRW trains Front Counter staff. City begins Wk of 10/1/99 $ 10,400 (10%) to use system for customer service. CRW assists City staff with initial operation. 7. Supplementary Training. CRW trains Building, PW, Engineering. Wk of 10/22/99 None Review and usage of system by staff. Implementation changes as needed. 8. Final Training. CRW trains Inspectors and additional as needed. Wk of 11/15/99 $ 20,800 (205/6) 9. Final system acceptance by City. City completes Acceptance Testing, 12/1/1999 $ 20,800 (200/6) as outlined in Exhibit F, and certifies Permit System delivered as specified and proposed. CRW corrects defects as warranted. Target dates on this schedule are intended to reflect projected completion dates for the respective milestone, not contractual date deadlines. The contractual completion date for this contract shall be no more than 180 days from the date of execution of this contract AGENCY1 `�C�RW 4*1"1 Page 14 EXHIBIT "E" SOFTWARE LICENSE AGREEMENT This License Agreement for the use of "Community Development Software" (Software) developed and marketed by CRW Associates is granted to San Rafael, California (Client) by CRW Associates (Developer) as of this date July 6 , 1999 . SUMMARY OF LICENSE TERMS 1. Software is marketed by Developer under the titles of "Builder's Square", "Code Trak" and "Project Trak". 2. Software provided to the Client under this License allows the Client the use, not own, the software. 3. Software is provided to the Client as a multi-user, concurrent access license. The designated number of concurrent users for this license is 20. Client is permitted to install Software on any and all workstations owned or controlled by the Client. Software will allow a designated number of concurrent users to access the databases maintained by Software. Users attempting to access the system databases with Software after the designated number of concurrent users are logged on will be prohibited from logging on. 4. This software may not be sub -licensed, re -sold, transferred or otherwise distributed by the Client to any other person, company or organization without the written authorization of the Developer. 5. This Software, including any and all modifications, upgrades and bug fixes, is protected by the copyright laws of the United States and international copyright treaties. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the associated written materials (the "Documentation") is expressly forbidden. You may not remove, obscure, or alter any notice of patent, copyright, trademarks, trade secret or other proprietary rights in the Software. The Title, ownership rights, and intellectual property rights in and to this Software shall remain in the Developer. 6. The Developer has made reasonable checks of the Software to confirm that it will perform in normal use on compatible equipment substantially as described in the specifications for the Software. However, due to the inherent nature of computer software, neither the Developer nor any individuals involved in the development or installation of the Software warrant that the Software or the Documentation is completely error free, will operate without interruption, is compatible with all equipment and software configurations, or will otherwise meet your needs. 7. Neither the Developer nor any of the people or companies involved in providing this license to the Client may be held liable for any incidental or consequential damages caused by failures or faults of the software or its functions. 8. The Developers sole responsibilities with respect to error corrections will be to correct any defects or errors in the Software or its functions which are brought to the attention of the Developer by the Client. 9. This License Agreement will remain in effect until Software is returned to Developer by Client, or until Software is destroyed by client. Agreed by Client Date July 6, 1999 9% oRk cur CRW Associates San Rafael, CA - Software License Agreement 3/9/99 EXHIBIT "F" SOFTWARE MAINTENANCE, UPDATE AND PROBLEM RESOLUTION CRW Associates will provide: 1. Teleahone SUDnort (first ninetv days after installation) We encourage the CITY to contact us by phone to resolve high-priority issues or urgent problems. We maintain a log of all technical support questions initiated by the client, and we record these calls in 15 minute intervals. During the first ninety (90) days after final acceptance (as outlined in Exhibit F), of the software, there is no charge for this service. 2. Technical Sunnort Account(continuous startine ninety days after installation) We require the CITY to initiate this TSA with a payment of $ 500. We maintain a log of all technical support questions initiated by the client, and we record these calls in 15 minute intervals. The charge for these calls will be deducted from this account at the rate of $ 15 per 15 -minute increment for technical support when support request is initiated by the Client. Charges will not be deducted from this account if technical support call results in a diagnosed program error. 2. Resuonse to written uroblem reoorts: For lower priority issues and questions, we provide a fax -in , e-mail or mail -in problem report. We encourage the CITY to submit these reports at any time. Our policy is to acknowledge receipt of all reports within 2 days with a telephone call to the client, and to provide a resolution to the problem within 10 days. 3. Monthlv teleahone follow-ua call from CRW. We will contact the CITY by phone at least once per month to check up on system performance, unanswered questions, etc. This monthly contact will be at no additional charge to the City. 4. All software unerades_ modifications We will provide the CITY with all software upgrades and modifications. These new versions will be transferred to the client via diskette (if requested; limited to one update per month) or via modem through the Internet (unlimited number of updates). It is anticipated that at least one software upgrade per month will be provided.