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HomeMy WebLinkAbout2013/03/26 Item 03CITY COUNCIL AGENDA STATEMENT . j ~~tl/ CITY OF '~`` CHUTA VISTA MARCH 26, 2013, Item ,3 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LICENSE, MAINTENANCE AND CONSULTANT SERVICE AGREEMENTS WITH ACCELA, INC., TO UPGRADE: PERMITS PLUS TO ACCELA AUTOMATION, VELOCITY HALL TO ACCELA CITIZEN ACCESS, ACCELA WIRELESS TO ACCELA MOBILE OFFICE, AND ACCELA GIS TO THE LATEST VERSION; WAIVING THE FORMAL CONSULTANT SELECTION PROCESSS; AUTHORIZING AND DIRECTING THE MAYOR TO SIGN THE AGREEMENTS; AND APPROPRIATING F DS ACCORDINGLY. SUBMITTED BY: GARY HALBER IRECTOR DEVELOPMENT SERVICES DEPARTMENT/ASSISTANT CITY MANAGER REVIEWED BY: CITY MANAGER ASSISTANT CITY MANAGER ~ 4/STHS VOTE: YES ~X NO SUMMARY Accela, Inc. is the vendor of Permits Plus, the can-ent land management software deployed at the City of Chula Vista. Permits Plus was first implemented at the City in 1991. In 2002, Velocity Hall, an online permitting option was added and in 2005 Accela Wireless and Accela GIS were purchased. As with all software, technology for these products has reached the end of it's life cycle and has been replaced by newer and more advanced technologies. Accela, Inc.'s upgrade path for Permits Plus, Velocity Hall and Accela Wireless is Accela Automation (AA), Accela Citizen Access (ACA) and Accela Mobile Office (AMO) respectively. The 2005 version of Accela GIS is unable to run on the existing GIS server and needs to be upgraded to the latest version to correct this problem. Upgading all Accela, Inc. products will enable the City to leverage the Internet to expand and improve the delivery of online services to the public by providing transparent, streamlined and accessible online services. In order to accomplish this upgrade, City staff is requesting that the City Council approve three agreements with Accela: (i) consultant services agreement for installation and implementation, in the amount of $571,725; (ii) five-year maintenance agreement in the amount of $95,450.57/year; and (iii) license agreement. 3-1 MARCH 26, 2013, Item ~ Page 2 of 5 ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Background Permits Plus has been operational and expanding since it was implemented at the City in 1991 to automate permit processing. The software has proven to be a reliable and flexible tool. Accela, Inc. has continually provided excellent support and software improvements to the Permits Plus product line. Since originally purchasing Permits Plus, the City has added features such as Workflow and Office Link and the Velocity Hall, Accela Wireless and Accela GIS modules to further automate processes and services. However, the traditional way of delivering public services is changing to meet the need of jurisdictions having to do more with less staff and the public's need for access to services at their convenience. In response to this change, Accela moved away from client-server products like Permits Plus to web-based products and has now become an industry leader in government software. Reason for Uyerade Permits Plus to Accela Automation (AA) Technology and software is always evolving and being replaced with newer and faster products. The latest software innovation is the move from client server softwaze like Permits Plus to web-based software like AA. This change in software platforms is very similar to what happened when the platform for Permits Plus changed from DOS to Windows. In the late 1990s Accela stopped developing Permits Plus for DOS. In 2000, the City upgraded Permits Plus to run in a Windows environment to take advantage of the improvements in Permits Plus that were only available in Windows. Consequently, there are improvements in AA that will never be available in Permits Plus. One of the most important improvements in AA is the ability to use application software or "apps". Apps can be specifically designed to meet customer needs. The proposed upgrade to AA provides free tools and training for the City to develop their own apps. With AA, apps and a "smart" phone or tablet, the public would be able to access City services anywhere and anytime they need them. Web-based software is easier to deploy and upgrade because the softwaze does not have to be installed on every computer that uses it. The software can be installed and upgraded via aweb- browser. This would save IT staff time and resources when performing installations and upgrades 3-2 MARCH 26, 2013, Item 3 Page 3 of 5 Velocity Hall to Accela Citizen Access (ACA) In 2002 the City added Velocity Hall, software that gives licensed contractors the ability to pull minor, residential utility permits and schedule building inspections. It also provides access for the general public to do building permit research. Although Velocity Hall is web-based, it is the first version of the software Accela deployed so its' functionality is extremely limited compared to ACA. In Velocity Hall, only licensed contractors can pull minor utility permits and schedule inspections. However, even with its limited capability, Velocity Hall still averages each month: 62 minor, residential utility permits, generating on average $10,000 in monthly revenue; 841 hits for permit research and 421 hits to obtain inspection results. These statistics demonstrate the public's desire for online services. With the upgrade to ACA, the types of permits available online can be expanded to include other types of building permits as well as discretionary and land development permits. ACA has an electronic document review feature that allows a customer to attach plans or documents to their online application. After registering with the City through ACA, the customer can submit plans, pay plan check fees and track the progress of their application without coming to City Hall. Interested parties can also run standard reports (Issued Permits, Active Projects, etc.) at their convenience and download the data into Excel. These features in ACA will increase the customer's ability to help themselves without wait and reduce staff s workload. Accela Wireless to Accela Mobile Office (AMO) Accela Wireless was purchased in 2005. It is the software inspectors and code enforcement officers use to process building permit inspections, housing inspections and code enforcement data in the field on laptop computers. Originally the softwaze was used in a "store and forward" mode. Then a few years after purchasing Accela Wireless, wireless cards were added to the laptops. The wireless cards gave staff the ability to retrieve and update data on the spot in real time. Field staff relies heavily on Accela Wireless to do their jobs without redundancy of handwriting data in the field then coming back to enter it in the office. Without the upgrade of Accela Wireless to AMO, field staff will lose the ability to process data in real time in the field and processing field data will become very labor intensive. Furthermore, AMO must be in place for the City to utilize apps. Both AA and AMO have to work together for app creation and deployment. Upgrade Accela GIS to Latest Version Accela GIS connects Permits Plus with the City's GIS repository of data layers. The City is running the most current version of GIS server software (ArcServer 10.1) to support its GIS applications. The City has an older version of Acce]a GIS that does not run on ArcServer 10.1. Upgrading to the latest version of Accela GIS will establish integration between AA and the City's GIS data layers that are instrumental to the land development review process. Consultant Selection Process Permit Plus is the software currently used at the City to automate development services processes. The software has been in place for over twenty years and the City has been satisfied with its' performance and its' vendor, Accela, Inc. As previously stated, Permits Plus is reaching the end of its life cycle and there is need to upgrade or replace it to take advantage of 3-3 MARCH 26, 2013, Item Page 4 of 5 web-enabled softwaze. The City also uses Accela Wireless, Accela GIS and Velocity Hall, all of which are peripheral software to Permits Plus. If the agreement is made to upgrade Permits Plus, all peripheral hardwaze must also be upgraded. Upgrading all existing Accela software is more cost effective than purchasing an entirely new land management system. Accela has a web-based solution for all existing DSD software, is a leader in the industry and has a high level of familiarity with City staff and processes. Therefore, the preference is to upgrade versus purchase a new software system. Also, other local jurisdictions in San Diego County are purchasing or upgrading to AA. If local jurisdictions are on the same land management software this presents an opportunity to create inter-agency agreements to provide integrated, online services within the region. Waiving the Formal Bidding Process The contract for this upgrade exceeds $100,000, which can require a formal competitive bidding process pursuant to CVMC section 2.56.070. However, staff does not recommend that the City solicit bids from third-party vendors. A competitive bidding process would add cost, involve more time and staff resources than an upgrade and inhibit the ability to integrate our development processes with other jurisdictions and agencies in the region. Cost -With the upgrade, Accela is providing "free licensing" for the new software, which means we do not have to purchase any software. This is a savings of $477,252.84. The cost of the contract is only for installation, implementation services and maintenance, not software. If anew system were purchased, the City would incur the cost of purchasing new software in addition to paying for licensing, installation, implementation and maintenance. Increased Implementation Time & Staff Resources -Accela is already familiar with our staff and processes. They have worked with staff on previous upgrades and implemented enhancements to Permits Plus specifically to meet our needs. They can provide an implementation timeline of 10 - 12 months for the upgrade because of their familiazity with City staff and processes. Implementing a new system with a new vendor could easily double Acce]a's projected timeline and would require a considerable amount of internal staff time to educate a third party on our processes. Integration with Other Jurisdictions/Agencies -Several local jurisdictions aze purchasing or upgrading to AA. The County of San Diego is now using AA and ACA for their development processes and for other County departments such as Environmental Health and the Air Pollution Control District. This creates the opportunity to integrate permit processes across jurisdictions. An applicant could submit a permit application in Chula Vista and connect to County agencies they also need approval from such as Environmental Health. Streamlining and integrating processes to this level cannot be accomplished if software other than AA is purchased. Due to the cost savings of upgrading versus purchasing new software, the additional time and effort involved with implementing a new system, and the opportunity to provide integrated, online services between agencies in the region, staff recommends Council waive the formal consultant selection process. 3-4 MARCH 26, 2013, Item Page 5 of 5 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT Approval of the resolution will result in the appropriation of $677,175 for the installation, implementation, and first year of maintenance of the new Accela system. The Development Services Fund Supplies and Services category will be amended to reflect this appropriation from the available reserves of this fund, which aze sufficient to fund the appropriation. At this time, the projected fiscal impact is $677,175 to the Development Services Fund reserves, it is anticipated that this fund will have sufficient reserves for this appropriation due to unanticipated current yeaz revenues. ONGOING FISCAL IMPACT There will be ongoing costs for maintenance of the Accela system. The on-going maintenance cost on all Accela products is $95,450 annually and will be budgeted within the Development Services Fund during the normal budget process. ATTACHMENTS 1. License Agreement 2. Maintenance Agreement 3. Two-party agreement with Accela, Inc. Prepared by: Km~en Wooten, Development Services Counter Manager, Development Services 3-5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LICENSE, MAINTENANCE AND CONSULTANT SERVICE AGREEMENTS WITH ACCELA, INC., TO UPGRADE: PERMITS PLUS TO ACCELA AUTOMATION, VELOCITY HALL TO ACCELA CITIZEN ACCESS, ACCELA WIRELESS TO ACCELA MOBILE OFFICE, AND ACCELA GIS TO THE LATEST VERSION; WAIVING THE FORMAL CONSULTANT SELECTION PROCESS; AUTHORIZING AND DIRECTING THE MAYOR TO SIGN THE AGREEMENTS; AND APPROPRIATING FUNDS ACCORDINGLY WHEREAS, the City has responsibility for processing applications and permits for projects and land development within City boundaries; and WHEREAS, in 1991 City purchased Permits Plus© automation software for processing such applications and permits, and has continued to utilize and upgrade this sofware to meet City's development processing needs; and WHEREAS, evolutions in technology and software require that the existing systems be upgraded from: Permits Plus to Accela Automation, Velocity Hall to Accela Citizen Access, Accela Wireless to Accela Mobile Office, and Accela GIS to the latest version in order to enable the City to streamline, expand and improve delivery of online services to the public, and allow for integration with other local jurisdictions; and WHEREAS, the cost of the upgrade will be funded from the Development Services Fund with revenues generated from the 20l 1 Development Services Fee Study rates that were set to recover certain non-labor, amortized costs that include a Permits System Upgrade; and WHEREAS, it is impractical for the City to solicit bids from third-party vendors because it would be costly, require a considerable amount of added time for internal staff to educate a third party and would eliminate the ability create inter-agency agreements with other jurisdictions in the region using Accela, Inc. software. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista hereby waives the formal consultant selection process, approves the license, maintenance and consultant services agreements between the City and Accela, Inc. to upgrade: Permits Plus to Accela Automation, Velocity Hall to Accela Citizen Access, Accela Wireless to Accela Mobile Office and Accela GIS to the latest version, each agreement in the form presented, as may have been modified by the Council prior to its approval, and with such minor modifications as may be required or approved by the City Attorney, copies of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute each of the three approved agreements. 3-6 Resolution No. Page 2 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2012-13 Development Services Fund budget to reflect the appropriation of $653,978 to the Development Services Fund's Supplies and Services category from the available Development Services Fund reserves. Presented by Approved as to form by Gary Halbert, AICP, PE t-'' Glyn .~o Assistant City Manager/Director of ~ ft Attorney Development Services 3-7 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ilen R. Goggins City Attorney Dated: _ ~~~' l t LICENSE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACCELA, INC. 3-8 ATTACHMENT 1 LICENSE AGREEMENT 1. Parties ACCELA Accela, Inc. 2633 Camino Ramon, Suite 120 Bishop Ranch 3 San Ramon, California 94583 Attention: Contracts Administration T: 925.659.3200 F: 925.407.2722 e-Mail: contractsadmin@accela.com CUSTOMER City of Chula Vista; Califomia 276 Fourth Avenue Chula Vista, California 91910 Attention: Karen Wooten T: 619.409.3813 F: N/A e-Mail: kwooten@ci.chula-vista.ca.us This License Agreement ("LA") is intended for the exclusive benefit of the Parties; nothing herein will be construed to create any benefits, rights, or responsibilities in any other parties. 2. Term and Termination 2.1 Term Provided that Customer signs and returns this LA to Accela no later than March 29, 2013, this LA is effective as of the date- of Customers signature ("Effective Date") and will continue until terminated as provided herein. 2.2 Termination Either party may terminate if the other party materially breaches this LA and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty (30) calendar days. Upon any termination or expiration of this LA, all rights granted to Customer are cancelled and revert to Accela. 3. Intellectual ProoerN License 3.1 License The software products ("Software") listed in Exhibit A are protected under the laws of the United States and the individual states and by international treaty provisions. Accela retains full ownership in the Software and grants to Customer a limited, nonexclusive, nontransferable license to use the Software, subject to the following terms and conditions: 3.1.1 The Software is provided for use only by Customer employees 3.1.2 The Software will be delivered or made available to Customer far electronic download from Accela's File Transfer Protocol ("FTP") site. 3.1.3 The Software may be installed on one or more computers but may not be used by more than the number of users for which fhe Customer has named user licenses. The Software is deemed to be in use when it is loaded into memory in a computer, regardless of whether a user is actively working with the Software. Accela may audit Customer's use of the Software to ensure that Customer has paid for an appropriate number of licenses. Should the results of any such audit indicate that Customer's use of the Software exceeds its licensed allowance, Customer agrees to pay all costs of its overuse as determined using Accela's then-current pricing; any such assessed casts will be due and payable by Customer upon assessment. Customer agrees that Accela's assessment of overuse costs pursuant to this Subsection is not a waiver by Accela of any other remedies available to Accela in law and equity for Customer's unlicensed use of the Software. License Agreemenl(LA), Version D61220D9 Page 1 of 8 3-9 3.1.4 Customer may make backup copies of the Software only to protect against destruction of the Software. Customer may copy Accela's documentation only for internal use by Customer's employees. 3.1.5 Customer may not make any form of derivative work from the Software, although Customer is permitted to develop additional or alternative functionality for the Software using tools andlor techniques licensed to Customer by Accela. 3.1.6 Customer may not obscure, alter, or remove any confidentiality orproprietary rights notices. 3.1.7 Customer is liable to Accela for any losses incurred as the result of unauthorized reproduction or distribution of the Software which occur while the Software is in Customer's possession or control. 3.1.8 Customer may use the Software only to process Vansactions relating to properties within both its own geographical and political boundaries and may not sell, rent, assign, sublicense, lend, or share any of its rights under this LA. 3.1.9 Customer is entitled to receive the Software compiled (object) code and is licensed to use any data code produced through implementation andlor normal operation of the Software; Customer is not entitled to receive source code for the Software except pursuant to an Intellectual Property Escrow Agreement, which may be executed separately by the Parties. Customer may not decompile or reverse-engineer the Software. 3.1.10 All rights not expressly granted to Customer are retained by Accela. 3.2 License Warranties 3.2.1 Accela warrants that it has full power and authority to grant this license and that, as of the effective date of this LA, the Software does not infringe on any existing intellectual property rights of any third party. If a third party claims that the Software does infdnge, Accela may, at its sole option, secure for Customer the right to continue using the Software or modify the Software so that it does not infringe. Accela will have the sole right to conduct the defense of any legal action and all negotiations for its settlement or compromise. 3.2.2 Accela has no obligation for any claim based upon a modified version of the Software or the combination or operation of the Software with any product, data, or apparatus not provided by Accela. Accela provides no warranty whatsoever for any third-party hardware or software products. 3.2.3 Except as expressly set forth herein, Accela disclaims any and all express and implied warranties, including but not necessarily limited to warranties of merchantability and fitness for a particular purpose. 3.3 Compensation 3.3.1 License Fees In exchange for the Software described hereinabove, Customer will pay to Accela the amounts indicated in Exhibit A. 3.3.2 Payment Terms Amounts are quoted in United States dollars and do not include applicable taxes, if any. Customer will be responsible for payment of all federal, state or provincial, and License Agreement (LA), Version 06122009 Page 2 of 8 3-10 local taxes and duties, except those based on Accela's income. If Customer is exempt from certain taxes, Customer will provide Accela with an appropriate certificate of exemption. Customer will be invoiced for all amounts upon occurrence of the billing events described in Exhibit A. The payment terms of all invoices are nei thirty (30) calendar days from the dates of the invoices. Accela may, at its sole discretion, suspend its obligations hereunder without penalty until payments for all past-due billings have been paid in full by Customer. 4. Confidentiality 4.1 Definitions "Disclosing Party" and "Recipient" refer respectively to the party which discloses information and the party to which information is disclosed in a given exchange. Either Accela or Customer may be deemed Disclosing Party or Recipient depending on the circumstances of a particular communication or transfer of information. "Confidential Information" means all disclosed information relating in whole or in part to non-public data, proprietary data compilations, computer source codes, compiled or object codes, scripted programming statements, byte codes, or data codes, entity-relation or workflow diagrams, financial records or information, client records or information, organizational or personnel information, business plans, or works-in-progress, even where such works, when completed, would not necessarily comprise Confdential Information. The foregoing listing is not intended by the Parties to be comprehensive, and any information which Disclosing Party marks or otherwise designates as "Confidential" or "Proprietaryl' will be deemed and treated as Confidential Information. Information which qualifies as "Confidential Information" may be presented to Recipient in oral, written, graphic, andlormochine-readable formats. Regardless of presentation format, such information will be deemed and treated as Confdential Information. Notwithstanding, the following specific classes of information are not "Confidential Information" within the meaning of this Section: a) information which is in Recipient's possession prior to disclosure by Disclosing Party; b) information which is available to Recipient from a third party without violation of this LA or Disclosing Party's intellectual property rights; c) information disclosed pursuant to Subsection 4.4 below; d) information which is in the public domain at the time. of disclosure by Disclosing Party, or which enters the public domain from a source other than Recipient after disclosure by Disclosing Party; e) information which is subpoenaed by governmental orjudicial authority; and f) information subject to disclosure pursuant to a state's public records laws. 4.2 'Confidentiality Term The obligations described in this Section commence on the Effective Date and will continue until two (2) years following any termination or expiration of this lA ("Confidentiality Term"). 4.3 Confidentiality Obligations During the Confidentiality Term, Recipient will protect the confidentiality of Confidential Information using the same degree of care that it uses to protect its own information of similar importance, but will in any case use no less than a reasonable degree of care to protect Confidential Information. Recipient will not directly or indirectly disclose Confidential Information or any part thereof to any third party without Disclosing Party's advance express written authorization to do so. Recipient may disclose Confidential Information only to its employees or agents under its control and direction in the normal course of its business and only on a need-to-know basis. In responding to a request for Confidential Information, Recipient will cooperate with Disclosing Party, in a timely fashion and in a manner not inconsistent with applicable laws, to protect the Confidential Information to the fullest extent possible. 4.4 Publicity During the term of this LA, including the term of any amendment hereto, Accela may publicly disclose its ongoing business relationship with Customer. Such disclosures may indicate Customer's License Agreement ILA), Version 06122009 Page 3 of 8 3-11 identity and the Accela product(s) and services provided or contracted to be provided to Customer. These disclosures may include press releases or other communications to media, display on Accela web sites, or use in other marketing activities, but will not include non-public information or indicate Customer's express endorsement of Accela's products or services without Customer's prior written authorization. 5. Other Terms and Conditions 5.1 Dispute Resolution This LA is governed by the laws of the State of California. Any controversy or claim arising out of or relating to this LA, or the breach thereof, may be submitted to non-binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures. If the parties agree in writing, judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be San Diego County, California. Either party may apply to the arbitrator for injunctive relief until the arbitration award is rendered er the controversy is otherwise resolved. Either party also may, without waiving anyremedy under this LA, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator's determination of the merits of the controversy. Each party will initially bear its own expenses and an equal share of the costs of the arbitration, but the prevailing party may be awarded its expenses, reasonable attorneys' fees, and costs. The failure of either party to object to a breach of this LA will not prevent that party from thereafter objecting to that breach or any other breach of this LA. 5.2 Removal and Destruction of Software Within ten (10) business days following termination of this LA by either Party, Customer will remove all copies of the Software from those computer systems which it owns or controls and will destroy all media which contain copies of the Software or portions thereof. Customer will certify said removal and destruction to Accela within fifteen (15) business days following termination of this LA. 5.3 Assignment Accela may assign its rights and obligations hereunder for purposes of financing or pursuaht to corporate transactions involving the sale of all or substantially all of its stock or assets. 5.4 Survival The following provisions will survive the termination or expiration of this LA: Section 3.3 and all subsections thereof, as to Customer's obligation to pay any fees accrued or due at the time of termination or expiration; Section 4 and all subsections thereof; and Section 5, and all subsections thereof. 5.5 Alternate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions accompanying drafts andlor purchase orders issued by Customer. /I // /! // // ll /! // // // // // !/ License Agreement (LA); Version 06122009 Page 4 of B 3-12 // ~il~i.'; License Agreement (LA), Version 06122009 ~~,~ ~,~~ir k- ~, Page 5 of 8 3-13 5.6 Severability and Amendment If any particular provision of this LA is determined to be invalid or unenforceable, that determination will not affect the other provisions of this LA, which will be construed in all respects as if the invalid or unenforceable provision were omitted. No extension, modification, or amendment of this LA will be effective unless it is described in writing and signed by the Parties. ACCELA By: See (Signature) (Pont Name) (Print Name) Its Its _ (Title) (Title) Dated: _ (Month, Day, Year) Exhibit Follows. CUSTOMER By: _ (Signature) Dated: (Month, Day, Year) END OF DOCUMENT License Agreement (LA), Version 06122009 Page 6 of 8 3-14 City of Chula Vista Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney By: Cheryl Cox, Mayor /~~Accela, Inc,~~ By: ~ `i ~ Colin M. Samuels Assistant Corporate Secretary License Agreement (LA), Version 06122009 Page 7 of 6 3-15 EXHIBIT A `Deliverables Quantit fees:'. Accela Automation° Land Management Server Software (Includes 5 Named Users 1 $54,995.00 Accela Automation Land Management User License Packs (Includes 5 Named Users Per Pack) 21 $230,895.00 Accefa Licensing and Case Management' Server Software (Includes 5 Named User 1 $54,995.00 Accela Licensing and Case Management User Packs (5 Named Users Per Pack 1 $10,995.00 Accela Citizen AccessT"' Server Software 1 $10,995.00 Accela Citizen Access Module Fee 1 $10,995.00 Accela Citizen Access Po ulation Fee Based U on 227,723 Population 1 $18,217.84 Accela Mobile OfficeTM Server Software Includes 5 Named User 1 $49,995.00 Accela Mobile Office User License Packs 5 Named Users Per Pack 1 $10,995.00 Accela GIST" Server Software Includes 5 Named Users 1 $10,995.00 Accela G8S User License Packs (5 Names Users Per Pack) 4 $13,180.00 100% Customer Discount N/A $477,252.84 Total of Fees %,$0.00 END OF DOCUMENT license Agreement (LA), Version 06122009 Page 8 of 8 3-16 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ie`ti-I~. Googins City Attorney Dated: ,'" MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACCELA, INC. 3-17 Attachment 2 MAINTENANCE AGREEMENT 1. Parties ACCELA Accela, Inc. 2633 Camino Ramon, Suite 120 Bishop Ranch 3 San Ramon, California 94583 Attention: Contracts Administration T: 925.659.3200 F: 925.407.2722 e-Mail: contractsadmin@accela.com CUSTOMER City of Chula Vista, California 276 Fourth Avenue Chula Vista, California 91910 Attention: Karen Wooten T: 619.409.3813 F: NIA e-Mail: kwooten@ci.chula-vista.ca.us This Maintenance Agreement ("MA") is intended fa the exclusive benefit of'the Parties; nothing herein will be construed to create any benefits, rights, or responsibilities in any other parties. 2. Term and Termination 2.1 Term Provided that Customer signs and returns this NIA to Accela no later than March 29, 2013, this MA is effective as of the date of Customer's signature and will continue for a period of five (5) years. Customer may elect fo continue its maintenance coverage for additional annual terms by paying to Accela the fees associated with such terms when these are due; said fees will be subject to an annual increase of seven percent (7%) over the previous year's fees. Should Customer fail to renew its maintenance coverage or pay the applicable fees, Accela reserves the right to vrithhold all support. If Customer resumes maintenance coverage after one or more periods without such coverage, Customer will pay an amount equivalent to one hundred ten percent (110%) of all maintenance fees attributable to the period(s) without coverage, as such fees are calculated based upon pricing in effect at the time of resumption of maintenance coverage. 2.2 Termination Either party may terminaterf the other party materially breaches this MA and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty (30) calendar days. Upon any termination or expiration of this MA, all rights granted to Customer are cancelled and revert to Accela 3. Scooe of Maintenance 3.1 Maintenance Services 3.1.1 Telephone Support Accela will provide Customer with a telephone number to contact the Customer Resource Center (CRC), Accela's live technical support facility, which is available from 4:00 a.m. until 6:00 p.m. Pacific time Monday through Friday, excluding Accela's observed holidays. 3.1.2 E-Mail Support Accela will provide Customer with one or more electronic mail addresses to which Customer may submit routine ornon-critical support requests, which Accela will address during its regular business hours. 3.13 Online Support Accela will provide Customer with access to archived software updates and other technical iniormation in Accela's online support databases, which are continuously available. Maintenance Agreement (MA), Version 06122009 Page 1 of 7 3-18 3.1.4 Remote Support When required to properly resolve a maintenance request, Accela will provide remote assistance to Customer via the Adobe ConnectT'" environment or another mutually-acceptable remote communications method. 3.1.5 On-Site Support If Customer does not wish for Accela to resolve its maintenance requests remotely, Accela will provide on-site assistance to Customer at Accela's then-current time- and-materials rates. In addition to these charges, Customer will compensate Accela for associated airfare, lodging, rental transportation, meals, and other incidental expenses as such expenses accrue. 3.1.6 Software Uadates Accela will provide revisions of and enhancements to maintained software products to Customer as such updates are generally-released by Accela. Software updates will be delivered or made available to Customer for electronic download from Accela's File Transfer Protocol ("FTP") site. 3.2 Maintenance Limitations 3.2.1 Limitations Generally The following are not covered by this MA, but may be separately available at rates and on terms which may vary from those described herein: a) Services required due to misuse of the Accela-maintained software products; b) Services required due to software corrections, customizations, or modifications not developed or authorized by Accela; c) Services required by Customer to be performed by Accela outside of Accela's usual working hours; d) Services required due to external factors including, but not necessarily limited to, Customer's use of software or hardware not authorized by Accela; e) Services required to resolve or work-around conditions which cannot be reproduced in Accela's support environment; t) Services which relate to tasks other than maintenance of Customer's existing implementation and configuration of the Accela-maintained software products including, but not necessarily limited to, enhancing or adapting such products far specific operating environments; g) Services requested by Customer to implement software updates provided by Accela pursuant to this MA; and h) New or additional applications, modules, or functionality released by Accela during the term of this MA. 3.2:2 Leaacv Releases Accela will provide maintenance support for the current release of each of its maintained software applications and for the release immediately preceding such current release. All other releases are deemed to be "Legacy Releases". Accela will respond to mainienande requests concerning Legacy Releases only using currently-available information. Services requiring additional research, engineering-level support, or coding or programming by Accela will not be provided pursuant to this MA, but may be separately available at rates and on terms which may vary from those described herein. 3.3 Warranty Accela will commence and complete the maintenance obligations described in this MA in a good and workmanlike manner, consistent with the practices and standards of care generally-accepted within and expected of Accela's industry, to ensure that the operation of the maintained software products does not materially differ from documented specifications. Accela may make repeated efforts within a reasonable time period to resolve maintenance requests. When a maintenance request cannot be resolved, Customer's exclusive remedy will be damages in an amount equal to the total of Maintenance Agreement (MP,), Version p6122009 Page 2 of 7 3-19 maintenance fees paid to Accela for the defective or non-conforming software products for the twelve (12) calendar months immediately preceding Customer's maintenance request. 3.4 Compensation 3.4.1 Maintenance Fees In exchange for the Maintenance Services described hereinabove, Customer will pay to Accela the amounts indicated in Exhibit A. 3.4.2 Payment Terms Amounts are quoted in United States dollars and do not include applicable taxes, if any. Customer will be responsible for payment of all federal, state or provincial, and local taxes and duties, except those based on Accela's income. If Customer is exempt from certain taxes, Customer will provide Accela with an appropriate certificate of exemption. Customer will be invoiced for all amounts upon occurrence of the billing events described in Exhibit A. The payment terms of all invoices are net thirty (30) calendar days from the dates of the invoices. Accela may, at its sole discretion, suspend its obligations hereunder without penalty until payments for all past-due billings have been paid in full by Customer. 4. Confdentiality 4.1 Definitions "Disclosing Party" and "Recipient refer respectively to the party which discloses information and the party to which information is disclosed in a given exchange. Either Accela or Customer may be deemed Disclosing Party or Recipient depending on the circumstances of a particular communication or transfer of information. "Confidential Information" means all disclosed information relating in whole or in part to non-public data, proprietary data compilations, computer source codes, compiled or object codes, scripted programming statements, byte codes, or data codes, entity-relation or workflow diagrams, financial records or information, client records or information, organizational or personnel information, business plans, or works-in-progress, even where such works, when completed, would not necessarily comprise Confidential Information. The foregoing listing is not intended by the Parties to be comprehensive, and any information which Disclosing Party marks or otherwise designates as "Confidential" or "Proprietary".will be deemed and treated as Confidential Information. Information which qualifies as "Confidential Information" may be presented to Recipient in oral, written, graphic, and/or machine-readable formals. Regardless of presentation format, such information will be deemed and treated as Confidential Information. Notwithstanding, the following specific classes of information are not "Confidential Information" within the meaning of this Section: a) information which is in Recipient's possession prior to disclosure by Disclosing Party; b) information which is available to Recipient from a third party without violation of this MA or Disclosing Party's intellectual property rights; c) information disclosed pursuant to Subsection 4.4 below; d) information which is in the public domain at the time of disclosure by Disclosing Party, or which enters the public domain from a source other than Recipient after disclosure by Disclosing Party; e) information which is subpoenaed by governmental or judicial authority; and fl information subject to disclosure pursuant 1o a state's public records laws. 4.2 Confidentiality Term The obligations described in this Section commence on the Effective Date and will continue until two (2) years following any termination or expiration of this MA ("Confidentiality Term"). 4.3 Confdentiality Obligations During the Confidentiality. Term, Recipient will protect the confidentiality of Confidential Information using the same degree of care that it uses to protect its own information of similar importance, but will in any case use no less than a reasonable degree of care to protect Maintenance Agreement (MA), Version 06122009 Page 3 of 7 3-20 Confidential Information. Recipient will not directly or indirectly disclose Confidential Information or any part thereof to any third party without Disclosing Party's advance express written authorization to do so. Recipient may disclose Confidential Information only to its employees or agents under its control and direction in the normal course of its business and only on a need-to-know basis. In responding to a request for Confidential Information, Recipient will cooperate with Disclosing Party, in a timely fashion and in a manner not inconsistent with applicable laws, to protect the Confidential Information to the fullest extent possible. 4.4 Publicit During the term of this MA, including the term of any amendment hereto, Accela may publicly disclose its ongoing business relationship with Customer. Such disclosures may indicate Customer's identity and the Accela product(s) and services provided or contracted to be provided to Customer. These disclosures may include press releases or other communications to media, display on Accela web sites, or use in other marketing activities, but will not include non-public information or indicate Customer's express endorsement of Accela's products or services without Customer's prior written authorization. 5. Other Terms and Conditions 5.1 Customer Obligations As required, Customer will provide Accela with appropriate access to Customer's facilities, data systems, and other resources. If Security restrictions impair such access, Customer acknowledges that some maintenance services hereunder may not be provided to Customer. It is Customers sole responsibility to maintain current backup copies of its data and of its implementation of Accela's software products. If Customer's failure to create proper backups substantially increases the difficulties of any remedial actions by Accela hereunder, Accela reserves the right to charge Customer for any extra work reasonably-attributable to such increased difficulty, as calculated at Accela's then-current time-and-materials rates. 5.2 Pronrietarv Rights The remedial methods, software updates, and product information provided to Customer pursuant to this MA are protected under the laws of the United States and the individual states and by international treaty provisions. Accela retains full ownership in such items and grants to Customer a limited, nonexclusive, nontransferable license to use. the items, subject to the terms and conditbns of this MA and other agreements between Accela and Customer. 5.3 Limitation of Liability Accela provides no warranty whatsoever for any third-party hardware or software products. Third-party applications which utilize or rely upon the Application Services maybe adversely affected by remedial or other actions performed pursuant to this MA; Accela bears no liability for and has no obligation to remedy such effects. Except as set forth herein, Accela provides all Maintenance Services "as is" without express or implied warranty of any kind regarding the character, function, capabilities, or appropriateness of such services or deliverables. To the extent not offset by its insurance coverage and to the maximum extent permitted by applicable laws, in no event will Accela's cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to Accela by Customer during the twelve (12) calendar months immediately preceding the circumstances which give rise to such claim(s) of liability, even if Accela or its agents have been advised of the possibility of such damages. 5.4 Force Maieure If either party is delayed in its performance of any obligation under this MA due to causes or effects beyond its control, that party will give timely notice to the ocher party and will act in good faith to resume performance as soon as practicable. 5.5 . Dispute Resolution This MA is governed by the laws of the State of California. Any controversy or claim arising out of or relating to this MA, or the breach thereof, may be submitted to non-binding Maintenance Agreement (MA), Version 06122009 Page 4 of 7 3-21 arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures. Ii the parties agree in writing, judgment on the award rendered by the arbitrator may be entered in any court Having jurisdiction thereof. The place of arbitration will be San Diego County, California. Either party may apply to the arbitrator for injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this MA, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator's determination of the merits of the controversy. Each party will initially bear its own expenses and an equal share of the costs of'the arbiVation, but the prevailing party may be awarded its expenses, reasonable attorneys' fees, and costs. The failure of either party to object to a breach of this MA will not prevent that party from thereafter objecting to that breach or any other breach of this MA. 5.6 Assionment Accela may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate Vansactions involving the sale of all or substantially all of its stock or assets. Accela may subcontract with qualified third parties to provide portions of the Maintenance Services described hereinabove. 5.7 Survival The following provisions will survive the termination or expiration of this MA: Section 2.1, as to Customer's obligation to pay any fees associated with a lapse in maintenance coverage upon resumption of such coverage; Section 3.3, as to limitation of remedy; Section 3.4 and all subsections thereof, as to Customer's obligation to pay any fees accrued or due at the time of termination or expiration; Section 4 and all subsections thereof; and Section 5 and all subsections thereof with the exceptions of Subsections 5.1 and 5.4. 5.8 Allemate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued by Customer. 5.9 Severability and Amendment If any particular provision of this MA is determined to be invalid or unenforceable, that determination will not affect the other provisions of this MA, which will be construed in all respects as if the invalid or unenforceable provision were omitted. No extension, modification, or amendment of this MA will be effective unless it is described in writing and signed by the Parties. ACCELA By: See Attaches (Signature) (Print Name) Its (Title) Dated: (MOnN, Day, Year) Exhibit Follows. Maintenance Agreement (MA), Version 06122009 CUSTOMER By: (Signature) (Print Name) _ ItS (TIUe) Dated: (Month, Day, Year END OF DOCUMENT Page 5 of 7 3-22 City of Chula Vista By: C6ery1 Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney ccela, Inc., Colin M. Samuels Assistant Corporate Secretary Maintenance Agreement (MA), Version 06122009 Page 6 of ~ 3-23 FaCHIBIT A Deliverables Fees First•Term Annual Maintenance for Accela Automations Land Management (1 Server and 110 Named Users $57,178.00 First-Term Annual Maintenance for Accela Licensing and Case ManagementT"' (1 Server and 10 Named Users $13,198.00 First-Term Annual Maintenance for Accela Citizen Access"^ (1 Server,1 Module [Based U on 227,723 Po ulation $8,041.57 First-Term Annual Maintenance for Accela Mobile Office'"' (1 Server and 10 Named Users $12,198.00 First-Term Annual Maintenance for Accela GISTM 1 Server and 25 Named Users $4,835.00 Total of :Fees $95,450.57 First-Term Annual Maintenance Fees are fixed-priced deliverables for which full payment is due upon signing. Second-Term Annual Maintenance fees are subject to an annual increase of fve percent (5%) over the previous year's fees and are due on the first anniversary of the Effective Date. Third-Term Annual Maintenance fees are subject to an annual increase of five percent (5%) over the previous year's fees and are due on the second anniversary of the Effective Date. Fourth-Term Annual Maintenance fees are subject to an annual increase of five percent (5%) over the previous year's fees and are due on the third anniversary of the Effective Date. Fifth-Term Annual Maintenance fees are subject io an annual increase of five percent (5%) over the previous year's tees and are due on fhe fourth anniversary of the Effective Date. END OF DOCUMENT Maintenance Agreement (MAj, Version 06122009 Page 7 of 7 3-24 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL c-7.,' Dated: AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ACCELA, INC. 3-25 Attachment 3 Agreement between City of Chula Vista and Accela, Inc. To Upgrade Permits Plus to Accela Automation, Velocity Hall to Accela- Citizen Access, Accela Wireless to Accela Mobile Oft3ce and Accela GIS to the latest version This agreement (Agreement), effective March 29, 2013, is between the City-related entity whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS WHEREAS, the City has responsibility of processing applications for development within City boundaries; and WHEREAS, in 1991 City purchased Permits Plus automation software for processing said applications, and has continued to utilize and upgt•ade this software to meet City's development processing needs; and WHEREAS, pursuant to this Agreeement, the Consultant would install Accela Automafion ("AA"), Accela Citizen Access ("ACA"), Accela Mobile Office ("AMO") software and upgrade Accela GIS ("AGIS") to the latest version, convert historical Permits Plus data, write reports and train staff; and WHEREAS, the cost of the upgrade will be funded from the Development Services Fund with revenues generated from the 2011 Development Services Fee Study rates that were set to recover certain non-labor, amortized costs that include a Permits System Upgrade; and WHEREAS, it is impractical for the City to solicit bids from third-party vendors because it would be costly, require a considerable amount of added time for internal staff to educate a third party and would eliminate the ability to create inter-agency agreements with .other jurisdictions iri the region using Accela, Inc. software; and WHEREAS, Consultant is fully discounting its software licenses for the upgrade; this will result in a savings of $477,252.84 to the City.The City will pay Consultant for the costs of installation, implementation services and maintenance, only; WHEREAS, Consultant is already familiar with City staff and processes and has worked with staff on previous upgrades and implemented. enhancements to Permits Plus specifically to meet City needs and, as a result, can provide an implementation timeline of 10 - 12 months for the upgrade, and it is anticipated that implementing a new system with a new vendor would require significantly more implementation time and a considerable amount of internal staff time to educate a third party on City processes; Page 1 TivoPnr/j~Agreevnen/Behveen!/eCi/~~afClrn/nlOrfn mrdAcce/¢l~c. la U~~odePermi/rP/iir C:1Documents and SettingsVcaremvlMy DocumenlstAccela Agreement ~jpapdnc WHEREAS, several local jurisdictions are purchasing m' upgading to AA and the County of San Diego is now using AA and ACA for its development processes and for other County departments such as Environmental Health and the Air Pollution Control District, which creates the opportunity to integrate permit processes across jurisdictions, so that an applicant could submit a pe>7nit application in Chula Vista and connect to County agencies they also need approval fiom, such as Environmental Health; streamlining and integrating processes to this level cannot be accomplished if software other than AA is purchased; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 2 TivaPnrty Aieemenfdehveeu Ore Cih~afC/n/n lbi7n mtAAcce/¢Inc !o (/p radePeiniilsP/rit C:\Documents and SettingsV:aremvVvfy DocumentsWecela Agreement ..Finaldoc OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually agree as follows: All ofthe Recitals above are incorporated into this Agreement by this reference. ARTICLE L CONSULTANT'S OBLIGATIONS A. General General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work and Schedule. In performing and delivering.. the General Duties, Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Puagraph 8, entitled "Scope of Work and Schedule," according to, and within the time flames set forth in Exhibit A, Paragraph 8, time being of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Work and Schedule shall be refen•ed to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City, terminate this Agreement. a. Redzrcfiorrr in Scope of Work City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. Such reduction in services shall be mutually agreed upon in writing by both parties. b. ,4drlilionnl Sen~ices In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related :to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. Such additional services shall be mutually agreed upon in writing by both parties. All compensation for Additional Services shall be paid monthly as billed. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. a. No Winner ofSlarrdordofCtrre. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages Page 3 TiroPorh~ ereemeal6ehneeaOre Cih~ojClnrn l4i/n nodAcce/a lrc la llpgrndePernii/sP/ar C:~Documents and SettingsVcarenwQvly DocumentsWccela Agreement3&i~l.~c caused by negligent acts, etrots, omissions, noncompliance with industt•y standards, or the willful misconduct of the Consultant or its subcontractors. B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Consultant to observe or enforce compliance with any provision, pet•form any othet• act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditious]y. 1. .Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subconttactot•s, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance General. Consultant must procure and maintain, during the period of performance of this Agreement, and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement.oftyork. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). b. ,4vto. Insurance Services Office Fotm Number CA 0001 covering Automobile Liability, hired and non-owned autos. c. WC. Workers' Compensation insurance as required by the State of .California and Employer's Liability Insurance. d. ~'&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. 3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included in the table be]ow: Page 4 Tiimpn~h~ AreemeidBehneendre Ci/j~ofClidn l6.'r/n midAcce/a lr~u la l/pg~ndePemiiJSp/nt CaDocuments and SettingsUtaremvV~ty DoemnentsWccelaA~eement ~inaj,dQc - i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project location or the general aggregate limit must be twice the operations, as required occurrence limit. a licable) ii. Automobile $1,000,000 per accident for• bodily injury, including death, and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Liability: $1,000,000 disease-each em loyee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. City's approval will not be unreasonably withheld. At the option of the City, either the .insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability policies are to contain, or be endorsed to contain, the following provisions: a. Idditioi~aJlrysureds: City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment famished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b. Prin/arylrisurnnce. The Consultant's General Liability insurance coverage must be primary insurance a& it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Consultant and in no way relieves the Consultant from its responsibility to provide insurance. Page 5 Tina Pnn/y~ilg~eeniealBebneen//re Crq~ojC/rn/n 70.r/n nndAcce/n Jac !o !!p iadePennihP/ir C:\Documents and SettingsVcaremvVvly Documents\Accela Agreemenl~~l~oc a Carrcellafion The insurance policies required by this Agreement shall not be canceled by either parTy, except after thirty days' prior written notice to the City. d. llc/ive Neglige»ce. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. e. Waiverof.5irbroga/ion Consultant's insurer will provide a Waiver of Subrogation in favor of the City for general liability and workers compensation policies providing coverage for the term required by this Agreement. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Enors & Omissions coverage are written on a claims-made form: a. I~efro Rafe. The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. b. Illaihtenarice and~'viaerrce. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. a Ca»cellafion. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of one year after completion of the work required by the Agreement. d. Copies A copy of the claims reporting requirements must be submitted to the City for review. " Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section LC. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Page 6 TiraPmh~ Aieevien/Beh~een//e Cil~~ojC/rule J'irln mrdAcce/¢ Iia to I/p rndePe~atilrP/ir C:iDocuments and SettingsVcaremvQvfy Documents~Accela Agreement =k'inaj.~Pc 9. Subcontractors. Consultant must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. D. Security for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance. bond, in the amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, httn'//www.fms.treas.eov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in Exhibit A, Paragraph 18. 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need far Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE II. CITY OBLIGATIONS Page 7 TivoPnrh~A reemeidBehvee~i Ae Ci/l~ ofC/ridn 76}M midAcce/n lic. /a Upg~ndePenuilrP/ns C:~Documen[s and SettingsVcarenwVvly Dowments~Accela Agreement3~~oc A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checlcmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. The payment terms of all invoices are net thirty (30) calendar days from the dates of the invoices. If City fails to make payment, Consultant shall provide written notice to City, delivered in person or by Certified mail. Said notice shall provide City ten (10) business days, from the date of City's receipt, for the City to make pa}nnent. If City fails to make the payment within ten (10) business days, Consultant may suspend its obligations hereunder without penalty until payments for all past-due billings have been paid in full by City. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment: 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incun'ed prior to the effective date of this Agreement; or 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. a. ~'nors ar~d Omrssioris: In the event that the Consultant's negligence, en~ors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, en~ors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. Page 8 TinoPmp~ aieen~enlBehveen fire Ci/~~ojCJridn l5//n midAccelo lic /a Up rndePervri/sP/rr C:~Documen[s and SettingsVcaremvtiM1y DocumenLS~Accela Agreemeni~Final.Aoc City agrees to provide Consultant with reasonable and necessary access to City's facilities,, personnel, data systems, and other resources. City acknowledges that the implementation process described in this Agreement is cooperative in nature and that City must complete its designated tasks in a timely manner in order for Consultant to proceed with and complete the professional services. City delays during the implementation period may have adverse collateral effects on Consultant's overall work schedule. Consultant will use its best efforts to immediately resume work following -such a delay. City acknowledges that schedules for the professional se>vices may be delayed by more than the number of days delayed by City. Consultant's failure to immediately resume work following a delay may be considered cause for termination pursuant to section VLA., below. Should Consultant's provision of services be delayed for any reason, City's obligation to pay the Progress- Payments set forth in Exhibit A, section 10., shall be suspended until services are resumed. 4. Payment Not Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The City may conduct assessments of Consultant's performance. The Consultant will have an opportunity to respond to assessments, and independent verification of the assessment may be utilized in the case of disagreement. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds over paid by City, As provided in the Statement of Work, Consultant will notify City of those implementation services subject to testing and the acceptance review period ("Test Period"). During the Test Period, City may evaluate the operation of the implemented Accela software deliverables ("Deliverables") in a test environment or using test data. If City reasonably determines that its operational use of the Deliverables.is substantially impaired by one or more material errors in the Deliverables, it will so notify Consultant in writing prior to the completion of the Test Periods ("Adverse Notification"), specifying in sufficient detail the nature of the error(s). Upon receipt of an Adverse Notification, Consultant will correct any City-identified and reproducible material errors in the Deliverables within a reasonable time and City may retest the Deliverables for as many as seven (7) additional calendar days. Acceptance will be deemed to occur when a) City notifies Consultant that the Deliverables have successfully completed City's testing; b) the Test Period or subsequent retesting period(s) are completed without an Adverse Notification be received by Consultant from City; or c) City uses the Deliverables in a "live" environment to perform its customary governmental, administrative, or business activities, whichever first occurs ("Acceptance Date"). Coyrsvllar~t's 06ligatrori to Po~< Upon notification to the Consultant that verifiable amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. Page 9 TivaPor/j~Agreemen/Brhreeit//e Cih~ojC//dn /6stn oiidAme/a I>c. to llp~rodePeraii/.rP/iis C:~Documents and SettingsUcaremvQvly Documenla~Accela Agmement~~l.~oc ARTICLE III. ETHICS A. Financial Interests of Consultant Consultant is Designated as an FPPC Filer: If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in malting or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant ]cnows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economio interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated. as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire,, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations ptromulgated thereunder. 6. Specific Warranties A¢ainst Economic Interests. Consultant wanants, represents and agrees that: a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents (Consultant Associates) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph 14. Page 10 TinoPortyAgreenieidBehveen t/re Cily~ojG~dn lhs/nendAceeln lne to UpsrndePeiniiLrP/us C:1Documents and SettingsUcaremvVviy Documenfs4lccela AgreementAFinaLQnc b. No promise of future employment, remuneration, consideration, gratuity or other reward or gain-has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. c. Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. d. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. IV. LIQUIDATED DAMAGES A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. I. Estimating Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. Page 11 TivoPndj~ABreeme~itBehvee» llre Cty aJC/ra/n 74s/n nndAcce/¢ Ina /a Upg~ndePeni~i/rPJr<r C:\Documents and SettingaVcaremv~My DocumentsVrccela Agreement sFdnSJ.~c 1. General Requirement. Except for liability for Design Professional Services covered under Article V., Section A.2, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and . against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees; agents, and contractors, .including claims wherein any act, error, omission or negligence, whether active or passive, of City, its agents, officers, or employees is a contributory cause, arising out of or in connection with the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence, active negligence oi- willful misconduct of the City, its officers, agents or employees. 2. Desis?tt Professional Services. If Consultant provides design professional services, as defined by California Civil Code section 2782.5, as may be amended from time to time, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contaactors arising out of or in connection with the performance of Consultant's services. Consultant's duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the sole negligence, active negligence or willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligations and duties under this Agreement. 3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings, that maybe brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1. and A.Z. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them, subject to the limitations in Sections A.1. and A.2. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers; Consultant's liability for damages to the City under this Agreement shall be limited to one (1) times the value of this Agreement, above and' beyond any payments made by Consultant's insurers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. Page 12 TrvaPnr/~AgreeiaeulBebreen//re City af~rdn lisle nadAcce/a Jrc /o Jlp rnr/ePeniii/sP//is CaDocuments and SettingsUcaremvtidy DocnmentsWccela Agreemenri. Fipgl~oc 6. Enforcement Costs. Consultant agrees to pay any and all reasonable legal costs City incurs enforcing the indemnity and defense provisions set forth in Article V. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. ARTICLE VI. TERMIIQATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fi~lfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least thirty (30) days before the: effective date of such termination. If City determines that the cause for termination is subject to cute, it shall notify Accela of the violation(s) and provide Accela with thirty calendar days to cure the violation(s). If Accela fails to cure all violation(s) within that time period, City may proceed with termination put•snant to this section. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials accepted and paid fot• by the City shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable undet• this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. Either party may terminate if the other party violates any of the covenants, agreements or stipulations of this Agreement and, after receiving a written notice describing the circumstances of the violation, fails to correct the violation within thirty (30) calendar days. B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials accepted and paid for by the City shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may require. Page 13 Tiaa Pmfj~~~eeiuenlBehveeu//e Cih~oJC/uln Yir/n midAcce/a. hc. to Ugem/ePwrii/.tP/ir C:~Documents and SettingsUcaremv~2vly DocumentsWccela Agreemen Fir~I~oc B. Access to Records of Consultant and Subcontractors. The .Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. _ B. Audit of Consultants. Consultant agrees to perform financial. and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund, The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment ot• notation), without prior written consent of City. Notwithstanding, Consultant may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially all of its stock or assets. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as "Permitted subconsultants." B. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties provided to Consultant by City shall be the sole and exclusive property of City. All reports and other documents produced by Accela for the City tinder this Agreement shall be the sole and exclusive property of City, and shall not be subject to private use, copyrights or patent rights by Consultant without the express written consent of City. City shall have the unrestricted authority to publish, disclose, distribute and otherwise use Page 14 TivoPnllj~Ag~eerrien/Behveen!/re Ci//~ ojC/n/n Pisln nm/Accela />a la !/p indePeaiii/sP/us C:~Documents and SettingsVcarenwVvty DocumenLSlAccela Agreement. FipylAoc any such reports or documents. All design, bid documents, software, and other material furnished to the City by Consultant during the course of this project comprise derivative works from Consultant's pre-existing intellectual property and shall remain the property of Consultant. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole conhrol of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes. under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, artd Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. 1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authority, express or implied; to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Ob]iQations to Third Parties. In connection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may .have concurred in or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative C-aims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the patty to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate when the parties have complied with all executory provisions hereof. Page 15 TivoPn~/~~Agceemen/Brhaeen!/ie Cif/~ojCJrula lO.r/n nnAAcceJa he /a lJp ~ndePriniilrP/us C:\Documents and Settings\karemv\My Documents41cce1a Agreement,3Fi~~~c G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing patty shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the patty who is awarded substantially the relief sought. H. Statement of Costs. fit the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all conU•acts and subcontracts relating to the preparation of the report or document. I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or its principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. K. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, modified, waived or dischatged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge issought. L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other parry that it has legal authority and capacity and direction from its principal to enter into this Agteement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. M. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula. Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. (End of page. Next page is signature page.) Page 16 TivoParh~ e~eeinenlAebveen!/e Ciq~ajC/u/n/tea/n nndAccelo Jm /o Up ~~dePemiitrP/ar C:1Documents and SettingsV:aremvBvly Docmnents~.4ccela Agreement ~ina(,d~c Signature Page to • Agreement between City of Chula Vista and Accela, Inc, To Upgrade Permits Plus to Accela Automation, Velocity Hall to Accela Citizen Access, Accela Wireless to Accela Mobile Office and Accela GIS to the latest version IN WITNESS WHEREOF, City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, .City Clerk Approved as to form: Glen R. Googins, City Attorney Accela, Inc., By: ~ ~' Colin M. Samuels Assistant Corporate Secretary Exhibit List to Agreement: Exhibit A Exhibit B Statement of Work Page 17 TivaPnrq~AgreevieNdehvern//re Ciry~ojCJiNo 74ila midAcceln/ic /a UpgmdePenni/rP/ar C:~Documents and SettingsUcaremvuvly DocumentsV.ccela Agreement - Final.doc 3-42 3-43 8. Scope of Work and Schedule A. Detailed Scope of Work: Consultant will provide the implementation, data conversion, and training services as more fully described in "Deliverables" 1 through 35, as set forth in the "Statement of Work," attached as Exhibit B to the Agreement, for reference. To the extent that any provision of Exhibit B conflicts with any provision of the Agreement, or this Exhibit A, the Agreement and Exhibit A shall be controlling. B. Date for Commencement of Consultant Services: (x) Same as Effective Date of Agreement OOther: C. Dates or Time Limits for Delivery of Deliverables: Project timeline is 10 months from start of work with various deliverables and due dates as more further described in Exhibit B. D. Date for completion of all Consultant services: February 26, 2014. 9. Materials Required to be Supplied by City to Consultant: a. Microsoft Windows Server 2008 or 2003 for Accela Automation 10. Compensation: A. (x) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $571,725.00, payable as follows: Accela Progress Payments Payment Milestone Payment Description Services Contract Signing Progress Payment 1 Progress Payment 2 Progress Payment 3 Progress Payment 4 Progress Payment 5 Progress Payment 6 Progress Payment 7 Progress Payment 8 Due Upon Signing $103,950 1 month from contract signing date $41,580 2 months from contract signing date $41,580 3 months from contract signing date $41,580 4 months from contract signing date $41,580 5 months from contract signing date $41,580 6 months from conhact signing date $41,580 7 months from contract signing date $41,580 8 months from conhact signing date $36,383 Page 19 Ti~aPa~/j~Agreenieu/BehneeiN/re Ci¢~aJC/ni/n Vr/o~ndAcce/¢lic to llp rndePernii/rP/nr C:~Docnments and Settings~karenwQvfy DocumentsWccela Agreement 3EiD~.~c Progress Payment 9 9 months fiom contract signing date $36,382 Final Payment Acceptance to Go Live $51,975 Services Total $519,750 Estimated Travel Expenses (10%) $51,975 Total Travel & Services $571,725 Milestone or Event or Deliverable Amount or Percent of Fixed Fee O 1: Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest flee loans that must be rehirned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of malting interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ()Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase 1. 2. 3. Fee for Said Phase (j 1. Interim Monthly Advances. The City shall mane interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest Page 20 TivaPnd~~A reeuieieBehveen Ore Ciry~ojC/u/n lSrYa midAcce/alit, mUp ~ndePeinirlrP/nr C:rD°cnments and SettingsUcarenwVvly D°cuments~Accela Agreement3 in~ dpc free loans that must be returned to the City if the -Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for chat phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shad such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. OHourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant' for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ()Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ , including all Materials, and other "reimbursables" (Maximum Compensation). (2) OLimitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $ (Authorization Limit), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B for wage rates. OHourly rates may increase by 6% for services rendered after [month], 20_, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ()None, the compensation includes all costs. Page 21 7ivaPnAy ereenieu/Behaeenllie Ci{/r ojC/rii/aY/la nndAcce/a Inc. /a (/pg~odePemiilsP/nr C:1Documents and Settings\karemvVYfy DocwnentsWccela Agreemeni+~~l~oc Cost or Rate () Reports, not to exceed $ $ O Copies, not to exceed $ $ (x) Travel, not to exceed $51,975: $ () Printing, not to exceed $ $ O Postage, not to exceed $ $ O Delivery, not to exceed $ $ O Outside Services: $ O Other Actual Identifiable Direct Costs: $ not to exceed $ $ not to exceed $ $ 12. Contract Administrators: City: Karen Wooten, Development Services Counter Manager, 276 Foutth Avenue, Chula Vista, CA 91910, phone: (619) 409-3813, fax: 619-409- 5428, e-mail: kwooten@chulavistaca.gov Consultant: Colin Samuels, Contracts Administrator, Accela, Inc. 2633 Camino Ramon, Suite 120, San Ramon, CA 94583, phone: (925) 659-3200, fax: (925) 407-2722, e-mail: contractsadmin@accela.com 13. Liquidated Damages Rate: N/A O $ per day. ()Other: 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code (Chula Vista Municipal Code chapter 2.02): (x) Not Applicable. Not an FPPC Filer. O FPPC Filer OCategory No. 1. Investments, sources of income and business interests. OCategory No. 2. Interests in real property. OCategory No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. Page 22 TivoParlj~.l reevienlBehveenllre Cifj~ojClra/n YirYn nndAccela lnc /o Up radePermilrPlirr CaDocuments and SettingsUwremvuVty DocameotsWecelaAgreemenr - Final.doc 3-47 Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. Category No. 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. ()Category No. 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department administering this Agreement to provide services, supplies, materials, machinery or equipment. List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: 15. OConsultant is Real Estate Broker and/or' Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ()Monthly OQuarterly OOther: Per Accela Progress Payments schedule detailed in paragraph 10.A. B. Day of the Period for submission of Consultant's Billing: First of the Month 15th Day of each Month End of the Month Other: C. City's Account Number: [TO BE ASSIGNED] Page 23 TivoPnr/j~AgreeaieNBeM eev //~e Ci1~~ ojClrn/n %is/n midAcce/a ha Ro !lp indePernriLrP/ns C:~Doaimen[s and SettingsV:arenwQviy DocumentsWccela Agreement rFinaldec 18. Security for Performance-~F[4 OPerformance Bond, $ ( )Letter of Credit, $ OOther Security: Type: Amount: $ ( X )Retention. If this space is checked, then notwithstanding other provisions to the contrary requning the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( )Retention Percentage: (X) Retention Amount: $51,975 Retention Release Event: OCompletion of All Consultant Services (X )Other: Ten (10) business days from final acceptance. Final acceptance will be given after system has operated in City-production without material errors for thirty (30) calendar days. The only system interruption that would be counted against the thirty calendar day period must be attributed to or caused by the Accela software as installed, modified and configured by Accela. All other system interruptions would not be considered an error. ()Other: Page 24 Tiro Pnrh~AgieeiaealBeAVeenr/e Crq~afC/rdn Nis/n n»dAcce!¢ Jac to Up radePerrnirsP/rr C:~Documents and SettingsVcaremvQvfy Documenrs44ccela Agreement - Finai.doc 3-49 -~nccE~n? 4. .,. ...,. ~~ ~aF ..: Statement of Work City of Chula Vista Version 1.1 10122/2012 © 2012 Accela Inc. Page 1 3-50 Statement of Work m-n:.«L~2:4.r~.~'w ~.._ .x.v.....ve..up -. ~" - uaaL`:i.:v~?c.v."..x~x:u~,..,.-...».u....._.. .u..Y-.air..e...F.u..i~..uauv...{Ge.:;kr. av ..uw TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................................................................................. 2 DOCUMENT CONTROL ............................................................................................................................................................................ 4 OVERVIEW . ...................................................................................................................................................................................5 SERVICES DESCRIPTION .................................................................................................................................... ....................................5 PURPOSE .......................................................................................................................................................... ................................... 5 PROJECT TIMELINE ........................................................................................................................................... .................................... 5 PROJECT MANAGEMENT .................................................................................................................................... .................................... 5 CRITICAL SUCCESS FACTORS ............................................................................................................................ .................................... 6 PROJECT ASSUMPTIONS .................................................................................................................................... .................................... 7 WORK DESCRIPTION ...................................................................................................................-...................... .................................... 8 STAGE 1 - INITITATION ................................................................................................................................. .................................... 8 DELIVERABLE 1: PROJECT INITIATION ................................................................................................................. .................................... S DELIVERABLE 2: ACCELA AUTOMATION SETUP - DEV OR TEST ............................................................................ .................................... 9 STAGE 2-TO-BE ANALYSIS ......................................................................................................................... ..................................10 DELIVERABLE 3: TO-BE ANALYSIS SESSIONS -PERMITS PLUS UPGRADE ............................................................. .................................. 11 DELIVERABLE 4: NA .......................................................................................................................................... .................................. 11 DELIVERABLE 5: TO-BE ANALYSIS DOCUMENT(S) -PERMITS PLUS UPGRADE ..................................................... .................................. 12 DELIVERABLE 6: NA .......................................................................................................................................... .................................. 12 STAGE 3 -SOLUTION FOUNDATION .................................................................................................................. ..................................12 DELIVERABLE 7: ACCELA AUTOMATION SOLUTION FOUNDATION -PERMITS PLUS UPGRADE .................................. .................................. 12 DELIVERABLE S: NA .......................................................................................................................................... .................................. 13 DELIVERABLE 9: NA .......................................................................................................................................... .................................. 13 STAGE 4 -BUILD ............................................................................................................................................ ..................................13 DELIVERABLE 10: HISTORICAL DATA CONVERSION ANALYSIS .............................................................................. .................................. 14 DELIVERABLE 11 HISTORICAL DATA CONVERSION DEVELOPMENT ......................................................................... .................................: 14 SYSTEM INTERFACES ................................................................................................:....................................... .................................. 15 DELIVERABLE 12: SPECIFICATIONS DOCUMENT FOR APO ...........................................................................:......... .................................. 15 DELIVERABLE 13: DEVELOP APO INTERFACE ...................................................................................................... .................................. 16 DELIVERABLE 14: NA ..................................................................................................................................~:.... ................................... 17 DELIVERABLE 15: NA ....................................................................................................................................... ................................... 17 DELIVERABLE 16: SPECIFICATIONS DOCUMENT FOR LICENSED PROFESSIONAL INTERFACE ................................... ................................... 17 DELIVERABLE 17: DEVELOP LICENSED PROFESSIONAL INTERFACE ...................................................................... ................................... 17 DELIVERABLE 18: SPECIFICATIONS DOCUMENT FOR QUADRANT INTERFACE ......................................................... ................................... 18 DELIVERABLE 19: DEVELOP QUADRANT PAYMENT INTERFACE ............................................................................ ................................... 19 DELIVERABLE 20: NA ....................................................................................................................................... ................:.................. 19 DELIVERABLE 21: INTERFACE-ACA PAYMEM PROCESSOR ............................................................................. ................................... 19 DELIVERABLE 22: NA ....................................................................................................................................... ................................... 20 DELIVERABLE 23: EVENT MANAGEMENT SCRIPTING ASSISTANCE ........................................................................ ................................... 20 DELIVERABLE 24: REPORT SPECIFICATIONS ...................................................................................................... ................................... 21 DELIVERABLE 25: REPORT DEVELOPMENT ......................................................................................................... ................................... 22 DELIVERABLE 26: ACCELA GIS CONFIGURATION ............................................:................................................... ................................... 29 DELIVERABLE 27: ACCEL4 CITIZEN ACCESS CONFIGURATION ......................................._..._................................. ................................... 24 DELIVERABLE 28: ACCELA MOBILE OFFICE CONFIGURATION .............................................................................. ................................... 25 DELIVERABLE 29: V360 USER EXPERIENCE ....................................................................................................... ................................... 2` STAGE 5 -READINESS ............................................................................................................................... ...................................2E DELIVERABLE 30: PRODUCTION SUPPORT ......................................................................................................... ...................................2E DELIVERABLE 31: ADMINISTRATIVE AND TECHNICAL TRAINING ............................................................................ ................................... 21 O 2012 Accela Inc. Page 2 3-51 Statement of Work _, ~'~:a "a s-~N~°~l~u~uv .3 .:~., -~.ffiav~., - .• ,sss:,~ d.. .~,rritw. ..;_ ,. DELIVERABLE 32: DAILY USER TRAINING-TRAIN THE TRAINER APPROACH ............................................................................................ 23 DELIVERABLE 33: USER ACCEPTANCE TESTING (UAT) .............:............................................................................................................ 29 STAGE 6 -DEPLOY ......................................................................................................................................................................... 30 DELIVERABLE 34: PRODUCTION SUPPORT ............................................................................................................................................30 DELIVERABLE 35: POST DEPLOYMENT SUPPORT AND TRANSITION TO CRC ........................................................................................... 3O PAYMENT SCHEDULE ...........................................................................................................................................................................32 PROJECT RESOURCES AND LOCATION OF WORK .................................................................................................................................. 33 WORK LOCATION ................................................................................................................................................................................ 33 AGENCY RESOURCES .......................................................................................................................................................................... 33 ACGELA RESOURCES .......................................................................................................................................................................... 34 ACCEPTANCE ...................................................................................................................................................................................... 36 APPENDIX A - ACCELA IMPLEMENTATION METHODOLOGY ...........................................................................................................37 IMPLEMENTATION LIFE CYCLE ............................................................................... ............................................................................... 37 INITIATION ...............................................................'............................................. ............................................................................... 37 ANALYSIS ............................................................................................................ ............................................................................... 37 SOLUTION FOUNDATION ....................................................................................... ............................................................................... 3S B u I LD .................................................................................................................. ............................................................................... 38 READINESS .......................................................................................................... ............................................................................... 38 DEPLOY ............................................................................................................... ............................................................................... 38 APPENDIX B -DATA CONVERSION ASSUMPTIONS ......................................................................................................................... 40 GENERAL INFORMATION AND REQUIREMENTS FOR HISTORICAL CONVERSIONS ..................................................................................... 4O DATA CONVERSION ASSUMPTIONS ....................................................................................................................................................... 40 APPENDIX C -DELIVERABLES ACCEPTANCE FORM ......................................::............................................................................... 41 © 2012 Accela Inc. Page 3 3-52 Statement of Work .....~.,u.~._.~ -.,,,~.s_w^; ~i~~:,~'m'+.~'~~.yRx:. `, ~ _. !>t*rvt'^=sa. :""`~..v'z' '`` u,, a~~.,...e~ ~"u ~:~dl~' Y:.; DOCUMENT CONTROL Date 'Author Version Change Reference 1012212012 Larry Cooper 1.0 1st Version per pricing notes provided by Peter Ramos 10129/12 Larry Cooper 1.1 Updated pricing and reports scope 2/6/2013 Peter Ramos 1.2 Corrected payment schedule 3114/13 Peter Ramos 1.3 Corrected "County" errors © 2012 Accela Inc. Page 4 3-53 Statement of Work Y!M ~ Ypbt w vM FKC` .' ~S`'YVis _ a°zr"~ S'~' h., .'.M'. ,n }~++. 1++L4 '. ~µ'n"u'S}.Y'~ f3 ~ 5m' ~iiWt''~ S ~ n~~mt., aM OVERVIEW Congratulations on your selection of Accela, Inc., and their enterprise suite of industry leading software. The implementation of Accela products is designed specifically to meet the specific requirements and budget defined by City of Chula Vista ("Agency"). Accela will utilize a best practice Implementation Methodology, based on previous client interactions and industry knowledge, to promote a successful project that will meet the Agency's objectives. The following Statement of Work will detail how Accela Services will implement the software you have purchased, including the major milestones and deliverables that will ensure your success. Accela is committed to providing a superior software solution, and deployment of the software, for the current and future needs of the Agency. Accela will work with Agency staff to optimize Accela's portfolio of software, best practices, and customer experience to enable the Agency to successfully deploy its Accela Automation software and meet its functionality timing and cost requirements. This Statement of Work ("SOW") dated October 22, 2012 sets forth a scope and defnition of the consultinglprofessionalseryices, work andlor project (collectively, the "Services") to be provided by Accela ("Accela") to Agency. SERVICES DESCRIPTION PURPOSE The purpose of this document is to detail the specific activities, deliverables, roles and responsibilities, and acceptance criteria that comprise the implementation of Accela Automation, Citizen Access, Accela Mobile Office, and Accela GIS products purchased for the Agency. Accela will provide professional services for implementation of the above modules and products per the Work Description section detailed henceforth. The following Agency departments comprise the organization scope of the implementation described herein: • Development Services • Finance PROJECT TIMELINE The term of this project is 10 months and 1 phase. Any delays (eg, Change in staff level/availability, missed deadlines) in the Project Timeline which by mutual agreement were created by the Agency will result in an increase in the duration of the project will require a Change Order to reimburse Accela for the additional costs associated with the delay, including but not limited to additional hours for project management, deliverable development and review. Upon execution of this SOW, the parties will collaborate to determine a start date for Services to be rendered. Upon initiation of these Services, the Accela Project Manager will work with the Agency to collaboratively define a baseline project schedule. Given the fact that project schedules are working documents that change over the course of the project, the Accela Project Manager will work closely with Agency to update, monitor, agree, and communicate any modifications. PROJECT MANAGEMENT Accela will provide a full time project manager for services throughout the implementation in order to plan and monitor execution of the project in accordance with deliverables outlined in the Statement of Work. To support the implementation of the Accela Automation software at the Agency, Accela will provide Project Management services throughout the project. Generally these services include the following: • Project plan management using Microsoft Project 2010, © 2012 Accela Inc. Page 5 3-54 Statement of Work -.c `^.. S- ^`^*.°> e +^: Y^..^' '~' ..«,~.+. aY .e. m '~."~..'.,~+^M,a.# `u' '~u.'~"~-"pAvq.*"i sr..«v...xi5.,'..~`wu,e.': ur...x.....aw,._v.«,..'.w+...~:...de.~-z,......w ».,..«....x..u'zu~.< .T. :S.c.o..,u~r.,y~. :~. • Project document management using Microsoft SharePoint, • Issue log management and escalation, • Status reporting, • Change order management, • Project workspace management, • Resource management, • Executive project oversight and quality assurance. By mutual agreement, some project management tasks may be shared between the Accela Project Manager and the Agency Project Manager. CRITICAL SUCCESS FACTORS In order to successfully execute the services described herein, there are several critical success factors for the project that must be closely monitored and managed by the stakeholders. These factors are critical insetting expectations between the Agency and Accela, identifying and monitoring project risks, and promoting strong project communication. Knowledge Transfer -While Accela cannot guarantee specific expertise for Agency staff as a result of participating in the project, Accela will make all reasonable efforts to transfer knowledge to the Agency. It is critical that Agency personnel participate in the analysis, configuration and deployment of Accela Automation in order to transfer knowledge to the Agency. Once Post Production assistance tasks are completed by Accela Services, the Agency assumes all day-to-day operations of Accela Automation outside of the Support and Maintenance Agreement. The Service and Maintenance Agreement does not cover any Agency manipulation of implemented scripts, reports, interfaces and adapters. Key knowledge transfer areas include: • Configuration • Scripting • Batch scripts • Interfaces • Event Management Scripts • Reports and Forms Dedicated Agency Participation -Accela fully understands that Agency staff members have daily responsibilities that will compete with the amount of time that can be dedicated to the Accela Automation implementation project. However, it is critical that the Agency acknowledges that its staff must be actively involved throughout the entire duration of Services as defined in the Project Plan. Accela will communicate insufficient participation of Agency and Accela resources through Project Status Reports with real and potential impacts to the project timeline. Accela will work the project sponsors and department leaders to determine appropriate team member involvement. This could rand from full-time during early analysis meetings to part-time during the technical implementation phase. Deliverable Acceptance Process -Implementation services for the above products are formalized through the deliverables defined in this document. Upon completion of each deliverable according to the acceptance criteria defined herein, Accela will provide the Agency with a Deliverable Acceptance Form to formalize acceptance and completion. The Deliverable Acceptance Form is subsequently signed by the appropriate Agency contact, as defined in the Project Charter, and faxed/scanned/emailed or hand delivered to Accela. Please refer to Appendix C to view a sample Deliverable Acceptance Form. Accela respectfully requests prompt attention to the processing of all Deliverable Acceptance Forms, as adherence to this timely process directly impacts the ability to complete the project in the desired timeframe. In order to prevent delays in the © 2012 Accela Inc. Page 6 3-55 Statement of Work a.. ~..;,~~ •G~.?'?' ..ers1`~-n,+ .x*. _...•i.......~sad."d~.:._.>~. .a.~3.'s~...m~s:~.r.&wr.~,.~wr..cs '° "~ ` „ u"73Fw......~~• project schedule, for all Deliverables where no response time is specifically identified I the SOW, a three (3) business day acceptance period is assumed. • Accela Implementation Methodology - Accela's successful, proven, implementation methodology is crucial to the project success. Accela's Automation software and customer base is a niche market and as such the implementation methodology may differ from other consulting firms and software packages. It is imperative to project success that the Agency is willing to adhere/adopt to the Accela Implementation Methodology. PROJECT ASSUMPTIONS • Agency and Accela will review their responsibilities before work begins to ensure that Services can be satisfactorily completed. • Agency shall provide the necessary tools, accounts, and permissions that will enable Accela to access the Agency's internal network for the purpose of remote installation and testing. This access must be provided through industry standard tools such as Virtual Private. Network (VPN). Failure to provide this access in a timely fashion will result in a project delay. Such a delay will result in a Change Order. • Agency agrees during the Initiation Phase of the project to assign a single designated approver for each major project deliverable. The designated approver will be responsible for overseeing andlor directly participating in the design and development, as well as the approval, of the deliverable. Agency may make changes to designated approvers with written notifcation to Accela a minimum of one month before a deliverable is due. • Agency will provide work space for Accela Services for work completed on Agency premises. • Accela will implement the most current version of Accela Automation at the time of the contract signing. • Agency will maintain primary responsibility for the scheduling of Agency employees and facilities in support of project activities. • Agency will ensure that Accela resources have access to a Dev or Test version of the 3~d party system for interface development. All interfaces will be developed against 1 (one), agreed upon version of the 3~d party system. • Agency will provide/purchaselacquire the appropriate hardware, software and infrastructure assets to support all required Accela software products in both support/testing and production environments as defined in the project schedule. • For use with Accela Citizen Access, Agency will providelpurchaselacquire an online merchant account and all related hardware required by the merchant account provider for the handling of credit cards andlor checks. • Agency is responsible for proper site preparation, hardware, software, and network confguration in accordance with Accela specifications. Accela will be responsible for implementing a functioning version of the application software at the Agency (assuming the Agency has installed the proper hardware, software, and networking devices). • Accela will provide the Agency with a Weekly Status Report that outlines the tasks completed during the prior week, the upcoming tasks that need to be completed during the following week, the resources needed to complete the tasks, a current version of the project plan, and a listing of any issues that may be placing the project at risk (e.g., issues that may delay the project or jeopardize one or more of the production dates). • Agency will provide Accela with access to test and development environments for each Agency system that requires integration with Accela Automation. • Accela personnel will attend Agency executive steering committee meetings as needed. • Agency has committed to the involvement of key resources and subject matter experts for ongoing participation in all project activities as defined in the project plan associated with this SOW. • The project schedule is managed using Microsoft Project. Should any tasks slip behind schedule ten (10) business days, Accela and Agency will escalate according to the Communication Plan in the Project Charter. • The following Assumptions are specific to deliverables as noted below: o Specifications and Development of 20 Custom Reports (10 easy and 10 Medium Difficulty) © 2012 Accela Inc. Page 7 3-56 Statement of Work m ,~..,e-'"4,~%.. ~ - .~'..~u..,Lt~-ssT. v. ti^4 "`~`.rv.Y'~.ueuk,..........~s., s''YSS-s„3.c~.:us..~-__.~ f-...w._.yea.....:d:*,-.w....:m..~su..,.....~, ~..-..s.~~~. o Upgrade 40 Record Composition Types (Permits Types) o Provide 15 days of training (8 Days of Administrative and 7 days of Train-the-trainer). o Provide 10 months of Project Management o Provide Two Custom Interfaces • Quadrant Payment -Note the Agency will need to procure the proper Stored Procedures for Accela Automation. • Licensed Professional that integrates with the CSLB -Note if the agency wants all Licensed Professionals loaded from Permits Plus. WORK DESCRIPTION The following section describes the specifc activities and tasks that will be executed to meet the business objectives and business requirements of the Agency. In support of the implementation effort as described above, Accela will provide the following detailed implementation services. For each deliverable, a description is provided as well as criteria for acceptance of the deliverable. _ STAGE 1 - INITITATION DELIVERABLE 1: PROJECT INITIATION Project initiation is an opportunity to ensure the project starts in awell-organized, structured fashion while re- confrmingthe Agency and Accela expectations regarding the implementation. This Deliverable is comprised of project planning activities, core project management documents and templates and the first on-site meeting conducted between the Agency and Accela after the signing of the Statement of Work. In conjunction with the Agency representatives, Accela will perform the following tasks: • Finalize staffing for the project teams. Guidelines and recommendations for the Agency project staffing are addressed in the Project Staffing section of this document. • Conduct a formal onsite Kickoff meeting. The objective of this meeting is to review the purpose of the project and discuss the project scope, roles and responsibilities, deliverables, and timeline. • Establish Communication Plan and project logistics including escalation, status reporting, issue/risk management, work locations, etc. • Establish schedule of Steering Committee meetings. • Review and agree on Project Status Report Template format. • Finalize and document formal deliverable signoff procedures, identify team members that will be responsible for signoff from the Agency and Accela. • Review infrastructure requirements and preparation (with designated Agency technical staff). • Finalize an integrated project plan that includes resource allocation for all tasks (in cooperation with the Agency Project Manager). • Develop a Project Charter that defines how the project will be governed, including a detailed escalation plan. • Create a project Sharepoint site and load all standard, current documentation. The Project Kickoff Meeting includes a formal presentation by the project team to review project objectives, methodology, timeline, roles and responsibilities, risks, and other key project elements with project stakeholders. In terms of specifc output, the following will be executed for this deliverable: © 2012 Accela Inc. Page 8 3-57 Statement of Work «aR++...+w s w:w^5g^+s^5s~^:~ v?.'.~„s~~'-tg'.. .. .. '.°.~qr _~y, ra~wn ~x.'%~A:~., f~ mu nns'~iv.~..;:.a. v~.....u ~+,_.; ~„",- _ _.>. :Fe...»w., +~z. ~Si 4ktLx ,~.,:cKN#,.-~......;:...r 1. kv.: Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Coordinate project planning activities. • Communicate the Accela Implementation Methodology that will be used by Accela to deliver Services. • Complete Baseline Project Plan, Project Status Report Template, and Project Kickoff Presentation deliverables with input from appropriate Agency resources. Agency Responsibilities: • Identify and set expectations with key resources and subject matter experts for ongoing participation in the project. • Provide timely and appropriate responses to Accela's requests for project planning input and meeting logistics requests. • Provide meeting facilities for Project Kickoff and other onsite activities. • Include Project Sponsor in Project Kickoff Meeting. Acceptance Criteria: • Review and acceptance of the Project Status Report Template • Review ahd acceptance of the Baseline Project Plan • Review and acceptance of the Project Charter • Completion of the Project Kickoff Meeting DELIVERABLE 2: ACCELA AUTOMATION SETUP - DEV OR TEST During the System Setup step of this project, Accela's technical staff will work with the Agency IT staff to ensure that the components for hardware, software, database, network, and Internet are in place for the test and development environments. Accela technical staff will validate the proper installation and confguration of the Accela Automation environment. This Deliverable is defined as the installation of the Accela Automation software on Agency computer systems, such that Agency can log into the system and verify that the software was installed.. During the installation of Accela Automation, documentation on the installation of Accela Automation will be provided to the Agency as reference material. In terms of specific output, the following will be executed for this deliverable: Specifcally, Accela will perform the following tasks within the support environment: • Perform a remote system check of the installation. • Install Accela software. • Demonstrate that the Accela Automation applications are operational in the Agency computing environment. • Provide documentation of the Agency installation. • Configure Accela Automation to use the reporting technology selected by the Agency (Crystal Reports, Oracle Reports, or SRSS). © 2012 Accela Inc. Page 9 3-58 Statement of Work .~~~~.~ ~w.,~.._.~u_...~., ..,~r.,.~..~.,~~,.,~r~~..._ ,per.. `°.~._.u.M.~. Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Consult with Agency resources to provide technical input and answer technical questions related to the installation requirements for Accela Automation. • Deliver and install the Accela Automation software on the Agency server. • Provide hardware and installation documentation to Agency in order to facilitate procurement. A1c ency Resoonsibilities: • Provide timely and appropriate responses to Accela's requests for information. • Procure and configure necessary hardware, non-Accela systems software, and networking infrastructure as specified by Accela. • Providelpurchase/acquire the appropriate hardware, software and infrastructure assets to support the reporting technology. • Prepare the hardware, software, and network in accordance with the specifications provided by Accela. • Make available the appropriate Agency key IT users to participate in any hardware, software, environment, and infrastructure meetings. • Arrange for the availability of appropriate people for the system installation, setup, testing, and quality assurance throughout the setup process. Acceptance Criteria: • Confrmation of ability to log into the Accela Automation software that has been installed on Agency hardware. STAGE 2 - TO-BE ANALYSIS To-Be Analysis is comprised of the activities required to defne the Accela Automation Solution Foundation for the Agency. The key output of the process are To-Be Analysis Document(s), which serves as a'blueprint' for design and baseline configuration efforts throughout the implementation project and establishes the benchmarks for testing and acceptance at the conclusion of the project. The To-Be Analysis Document(s) include detailed information on the Agency's business processes to be configured in the Accela Automation Solution Foundation, including the following topics: • ' Or anization`and de'artmenfs - Standard Comments ' • Record T s •' -Workflow .` • Ins ebtions • Email Notification • Status Values = '•'' lntakr:Fdrms • :Uset Defiried Fields : ' - ' a : • Dropddwri List Values • Fees: :~ Conditions The To-Be Analysis Sessions and To-Be Analysis Document(s) do not include detailed information related to the following deliverables as they are dependent on the completion of the Solution Foundation milestone. • Deliverable 32: Event Management Scripting Assistance • Deliverable 24: Report Specifications • Deliverable 25: Report development • Deliverable 29: V360 User Experience The Project Team, consisting of representatives from both Accela and the Agency, will conduct a formal review of the To-Be Analysis Documents for the purpose of approval and sign-off on the deliverable. Accela will build prototypes of ©2012 Accela Inc. Page 10 3-59 Statement of Work .e..,F;...-~-sa.r .ti; er, srw:a~v^+ -r±s ~x'=r.„v r '~°°.«.<~F`~.~~~ "'~..'waa~'rz...a..z.,,~ ~_~ ` ms`s.,. ~':atc' uu....~.,,MZ...~~..~ _.. c. v,=. s:aa-.:~'.~u.~a.,rrs~` .. m;~FS:C,; ~.5_.r_..ws':u..s..uva:.:.ss..v 3 processes which will be used during the review sessions to demonstrate the proposed functionality. Prototyping is intended to demonstrate selected aspects of Accela Automation functionality to assist in understanding how it will operate for the Agency. DELIVERABLE 3: TO-BE ANALYSIS SESSIONS -PERMITS PLUS UPGRADE In order to develop the content for the To-Be Analysis Document(s), Accela will work closely with designated Agency personnel and will conduct analysis sessions to capture the "to-be" required business processes. In conjunction with the Agency representatives, Accela will perform the following tasks: • Review and understand existing business processes intended for migration into Accela Automation. • Review the developed business process as a basis for confguration in Accela Automation's workflow tool. • Assist the Agency in streamlining existing business processes for fit into Accela Automation. • Collect employee names and associated roles and identify user group setups. • Review the collected document intake requirements, forms, and data felds for each process. • Review the collected document output requirements (documents/letters/reports). • Review the collected document fees, fee schedules, and collection procedures for each process. • Review the collected document all required inspections and inspection resulf options for each type. Accela's Project Manager will coordinate and schedule the Analysis Sessions in conjunction with the Agency Project Manager and according to the agreed upon Project Plan. In terms of specifc output, the following will be executed for this deliverable: Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Interview staff in order to understand existing business processes. • Conduct to-be analysis sessions to capture the required business processes to be automated within the system. • Conduct meetings via email, web conference, phone, and in person to gather and validate analysis input. Agency Responsibilities: • Provide timely and appropriate responses to Accela's requests for information. • Make available the appropriate Agency key users and content experts to provide required information, participate in the configuration analysis and verify the accuracy of the documented workflows, input/output formats, and data elements. • Provide any existing business process documentation, including process flows; fee schedules; commonly used applications, reports and forms; and other relevant information. • Schedule participants and meeting locations for analysis activities. Acceptance Criteria: • Completion of To-Be Analysis Session for the Upgrade of 40 Permits Plus Compositions. DELIVERABLE 4: NA ©2012 Accela Inc. Page 11 3-60 Statement of Work ,_x. _ _ ~~ ~.. r~- u .,.~..::.~~__:~,~, ~_~~~~k_~~m~~_ ~ ~~..~~.....:~: v.~..,~,~,~.,~.,~.~.>.,,.,..~,~..~...~ ~~~~ ~~ ~ ~..,. DELIVERABLE 5: TO-BE ANALYSIS DOCUMENT(S) -PERMITS PLUS UPGRADE To-Be Analysis Document(s) will be developed by Accela based on the information gathered in Deliverable 3: To-Be Analysis Sessions -Permits Plus Upgrade. This document(s) will serve as the 'blueprint' for Department processes throughout the implementation project. Upon completion of the document(s), Accela will conduct a formal review with Agency for the purpose of approval and sign-off on the deliverable. To facilitate the approval process, Accela will configure prototypes of the solution for 2 mutually agreed upon To-Be process, which will be used during the review sessions to demonstrate the proposed functionality. Prototyping is intended to demonstrate selected aspects of Accela Automation functionality to assist in understanding how it will operate for the Agency. In terms of specific output, the following will be executed for this deliverable: r. .. t, . _ ,.. -,;ToBeAnay (~{ _ bePDF)u _. ~' 1 its Documents Adb, .. . - ..,.. _ . ,_.:_m ... , ...:: Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Interview staff as necessary in order to understand existing business processes. • Build selected prototypes to demonstrate proposed functionality. • Conduct meetings via email, web conference, phone, and in person to gather and validate analysis input. • Prepare and complete To-Be Analysis Document(s) capturing the Agency's business processes to be included in the Solution Foundation. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Schedule participants and meeting locations for To-Be Analysis Document(s) review activities. • Review and provide feedback on To-Be Analysis Document(s). Acceptance Criteria: • Review To-Be Analysis Document(s) and validate that the content accurately reflects the business processes data that will be included in the Accela Automation Solution Foundation. • Agency will have 15 business days to conduct initial review of the To-Be Analysis Document(s). If no changes or comments are requested within the 15 days, the To-Be Analysis Document(s) is considered approved by the Agency. Upon delivery of initial feedback, Accela will complete the.necessary changes and updates. The second and foal review will have 7 business days for acceptance. DELIVERABLE 6: NA STAGE 3 -SOLUTION FOUNDATION Accela will provide professional services to develop the Accela Automation Solution Foundation in accordance with requirements established and agreed upon during the execution of the tasks that comprise Stage 2 - To-Be Analysis. Accela will produce a detailed, technical Solution Foundation Document(s) that represents the entire foundation of the system, for each module. This document will be delivered for review with the completed solution. DELIVERABLE 7: ACCELA AUTOMATION SOLUTION FOUNDATION -PERMITS PLUS UPGRADE Accela will provide professional services to develop the Solution Foundation of the Accela Automation product in accordance with requirements established and documented in Deliverable 5: To-Be Analysis Document(s). ©2012 Accela Inc. Page 12 3-61 Statement of Work ,~ ~ F„ ._.du"-l•:J .~.....~c.tR„~e~.....n.... _.~.-..,ti.~;» ....._,_„._ .~................w = ..~ ,~., . ~...k ~_.. i~ss.. ..1~...:..w..a.~n` ~. .. yc~ In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Configure the foundational components as defned in the To-Be Analysis Document(s). Aaency Responsibilities • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate Agency key users and content experts to participate in creating the system in an effort to learn about the system (knowledge transfer). • Work with Accela to verify that the system meets the foundational requirements documented in the To-Be Analysis Document(s). • The Agency will test the system for purposes of validating the configuration-. Acceptance Criteria: • Review and approve that the Accela Automation Solution Foundation meets the requirements documented in the approved To-Be Analysis Document(s). • Agency will have t5 business days to conduct initial review of the Solution Foundation. If no changes or comments are requested within the 15 days, the milestone is considered approved by the Agency. Upon delivery of initial feedback, Accela will complete the necessary changes and updates. The second and foal review will have 7 business days for acceptance. DELIVERABLE 8: NA DELIVERABLE 9: NA STAGE 4 -BUILD The Build stage includes data conversions, development of interfaces, development of Accela Event Manager Scripts and custom report development. It comprises all of the additional critical activities outside of solution foundation that has been confgured for the Agency. Similar to the Confguration Stage, it is critical that appropriate agency representatives are involved in each step of the process to ensure success. Data conversion of historic/legacy data from Agency systems is a critical activity for the success of this project. The Accela team is highly experienced in planning for, and executing these activities and will work closely with Agency staff to ensure a successful transition of data. Specifcally, the Accela team will work with Agency to understand the data sources, how they are used, where their data will be stored in Accela Automation and the quality of that data. Often multiple sources store and manage similar information and decisions need to be made about the authoritative source. It is also common to find that data sources have not had strong controls and the accuracy is questionable or there is missing data. There are techniques and tools that Accela may recommend to understand the current state of Agency data so that decisions can be made about data quality and what to convert. Upon completion of the data analysis, mapping ofhistorical/legacy data sources may begin with Accela's mapping tool and conversion iterations performed as outlined in the Project Plan. Accela provides release notes during these conversion tests to verify data is being transferred correctly (e.g., number of records and expected values infields). ©2012 Accela Inc. Page 13 3-62 Statement of Work .c...i.G~-' ~.. ~' .ew r'^; _...w.~s.....i~""~~'"` mi1:~:....~. _.......,~...,, k.._._~:".:.,...,t .. _.._. aac,..„..._.~....u~~L„sc.<.~v.w.ah: .....:. , ,.c:t'.: .a... _-.._,.,.....aws~"^~:...~~~#: Accela will lead the conversion effort and specifically assist in the following areas: data mapping, script development for conversion, assistance in data testing and validation, and with the planning and execution of the final data conversion. For conversions, it is expected and anticipated that the Agency will provide resources knowledgeable with the historical data to assist in the data migrationlconversion effort. The required data mapping effort will be a conducted by Accela personnel with assistance from the Agency. Once the data mapping has been defined, Accela will ask that a representative of the Agency sign off on the data maps. Accela will be responsible for the data conversion programs to load data from the staging tables to the Accela Automation database. PLEASE REFER TO APPENDIX B FOR SPECIFIC ASSUMPTIONS AND PARAMETERS RELATED TO ACCEIA'S CONVERSION APPROACH. DELIVERABLE 10: HISTORICAL DATA CONVERSION ANALYSIS Upon receipt of Agency's Permits Plus data, Accela will create a Data Conversion Mapping Document detailing the data conversion process, mutually agreed upon requirements and mapping of Agency's historical data into Accela Automation. - In terms of specific output, the following will be executed for this deliverable: ,. ... _ .. J ~~ " tsion Specifcations Spreadsheet(s) _. Permd Plus Hrstorical Data Conve,., ,. , . ___ _ _. ~.. Accela Responsibilities: • Work with the Agency to defne and document historical data elements that are required for the conversion. • Facilitate the data analysis and mapping process • Complete the Data Conversion Specifications Document. Aoencv Responsibilities: • Provide historical data in acceptable formats. • Provide subject matter experts on the data source to aid Accela in identifying key components of the historical data • Provide subject matter experts on the historical configuration to aid in the data mapping process • Review and sign-off on completed Data Conversion Specifcations document. Acceotance Criteria: • The Historical Data Conversion Specifications document identifies historical data elements that will be converted into Accela Automation as well as document special consideration (ex. merging data sources, phasing, etc.) Acceptance Review Period: • Ten (10) business days total DELIVERABLE 11 HISTORICAL DATA CONVERSION DEVELOPMENT Upon Agency approval of the Historical Data Conversion Specifications document, (Deliverable 10), Accela will provide a program(s) to migrate appropriate historical data into Accela Automation. Upon receipt of the conversion from Accela, the Agency DBA will load the data into the Support Cloud environment for validation. In terms of specifc output, the following will be executed for this deliverable: r<_~ ,._ „._. _ ._ _ ~_ _ _. w,._ _. _ _,_., - ,,Mlgratedtitstoncaf data into Accela Automation Support,Cloud database environment. ~' ©2012 Accela Inc. Page 14 3-63 Statement of Work _. F.+^ss-r r.~TMn.. ~,.'"2"+°, 4,... ^'*+tc~' "" ::.:. :.~ °~.~'~.: 3... -`-+ ~, .:. f µ~'",n ~~.#.'u:W ,.. .vt,r..'i....cLfi~J.s. 3..r..`.....m_ .....u.s .v._ ...x...». ......,.. w .._.... .~.._...._ ,.. s.....u..._.v..v.u.~.,v..i...:._.,.__.... ~.., ...e.~.>. Accela Responsibilities: • Provide a program to migrate historical data into the Agency's AA test database environment. • Each data conversion will include up to three (3) conversion loads for client testing o Load 1 will include Composition to Record Type Mappings, Fees, Addresses, Parcels, Owners, LHN's, Work Description, Status, and Inspections o Load 2 will include Screen Data Mapped to ASI or ASIT and all other data in Load 1. o Load 3 will include all data in Load 2 plus any mapping adjustments. • Validate the successful completion of the migration of historical data into the Accela Support Cloud. Agencv Responsibilities: • Providing the legacy data source in an accepted format • Assist in the execution of the data conversion program and provide access to environments as needed • Provide resources to validate the conversion statistics and the quality of the data converted into Accela Automation Acceptance Criteria: • Historical data has been converted to Accela Automation testing environment according to the Data Conversion Mapping document. Acceptance Review Period: • Ten (10) business days total SYSTEM INTERFACES The following system interfaces are in scope for this project: • APO it is assumed that the conversion of Address, Parcel, and Owner data will be from a source fle that is not in Permits Plus. Most likely provided by the County Assessor's office. • Licensed Professional with the CSLB • Quadrant Interface with version compliant with Accela Automation For each interface, the Accela technical lead will work together with Agency's technical lead and business leads to document functional and technical requirements of the interface in an Interface Specifications Document. Interface development begins upon written approval of the specifcations. It is expected all interfaces will use Accela's GovXML, web services or batch engine. No custom or third party integration tool will be used to accomplish input or output of data to/from the Accela system. In other words, data coming into Accela and data coming from Accela will use the existing integration technology. Agency responsibility includes obtaining permission for level/type of integration from appropriate application owners (including on premises or cloud/hosted, etc.). Further, Agency will ensure that Accela resources have access to a Dev or Test version of the 3~d party system for interface development. All interfaces will be developed against 1 (one), agreed upon version of the 3~d party system. DELIVERABLE 12: SPECIFICATIONS DOCUMENT FOR APO Accela will provide an interface between Accela Automation and the Agency Address, Parcel, Ownership (APO) data source. In order to determine the Agency requirements for this interface, analysis sessions will be conducted as a portion of this deliverable. The findings will then be documented in the Interface specifcations Document for use by Accela in building the interface code. The implementation of the interface is dependent on the assistance of the Agency's staff, specifically, interface analysis, data mapping, and data manipulation as required in the source system. ©2012 Accela Inc. Page 15 3-64 Statement of Work ..,~ 3 ,...a,:., _~..... .::_:~. -e=' >'1 LLM` ...-`i'!k'a a~~'.~~.~"~~z -s'.5'' ...<a~. ~,w.x.«..,Ka... ~ s:,rawet nc.:r. n._eu°......w...H-_.y....,......_......~:::.~aG.wm:xawa:..6.~.e_..., . _ r .. _ •,, ,, r„i t r.. .....rsvaa~.-KS.c~ar.«~ l...v^.~,.~- aa~.u °E In terms of specific output, the following will be executed for this deliverable: ,- :Interface SpeGfi_i_cahons,Document y,; ,~h~„~U~~ __~~,,„~;~~.,,,~a~r;~ ,~_.„,,,,.._ .. , . Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Conduct Interface Analysis sessions. • Work with Agency staff to develop interface specifcations document. Aaency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Allocate the time for qualified business and technical experts for the testing sessions that are critical to the project success. • Identify and coordinate any related tools used to implement the interface (3rd party or in-house development). - - • Assist in the interface specifcation development and data mapping process. • Review and approve the interface specifcation documents. • Work with Licensed Professional Data Sources to determine best methods of interfacing to Accela system. Acceptance Criteria: • Review and approve the Interface Specifications document. Acceptance Review Period: • Fifteen (15) business days total DELIVERABLE 13:~DEVELOP APO INTERFACE Accela will provide a program to load APO data from a single source to be defined by the Agency to the Accela Automation licensed professional tables. Data will be provided in Accela's standard format. Upon approval of the APO Interface Specifications document, the Accela team will develop the load routine that will populate the Accela system with the appropriate data. In terms of specifc output, the following will be executed for this deliverable: _ _._ _. Accela Responsibilities: • Use an Accela web service or other tool to implement the interface functionality based on the specifcations. • Build all aspects of the interface that interact directly with the Accela Automation. Agency Responsibilities: • Validate interface through testing. • Work with APO Data Source to ensure proper data is being pushed to Accela system. • Work with APO Data Source software to ensure data from Accela is in correct format. Acceptance Criteria: • Demonstration and approval of the completed interface as per the requirements detailed in the interface specifications document. Acceptance Review Period: ©2012 Accela Inc. Page 16 3-65 Statement of Work ,.,, ~~ ~,-.~. ~:- -~,~ ~ :~ ~ r .,~.~,ro ~ ,~.,.~ ».... af~.s,.i5µ,L.u~u.::..~.?-.~.nb~.,w...w..__L~.-x..z~s.~M.,.,,,Y~~cr..'+~:..[e.av.aaa..,.m,.....:.-~_,..m...®-..9.ass~C..r~'.$... s~~"~*i..a....~'~'`w.w:.t."..'.« w~ "~`'«w-. ..:,. • Fifteen (15) business days total DELIVERABLE 14: NA DELIVERABLE 15: NA DELIVERABLE 16: SPECIFICATIONS DOCUMENT FOR LICENSED PROFESSIONAL INTERFACE Accela will provide an interface between Accela Automation and Licensed Professional Data Source(s). In order to determine the Agency requirements for this interface, analysis sessions will be conducted as a portion of this deliverable. The fndings will then be documented in the Interface Specifcations Document(s) for use by Accela in building the interface code. The implementation of the interface is dependent on the assistance of the Agency's staff, specifically, interface analysis, data mapping, and data manipulation as required in the source system. In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Conduct Interface Analysis sessions. • Work with Agency staff to develop interface specifcations document. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Allocate the time for qualified business and technical experts for the testing sessions that are critical to the project success. • Identify and coordinate any related tools used to implement the interface (3rd party or in-house development). - • Assist in the interface specification development and data mapping process. • Review and approve the interface specification documents. • Work with Licensed Professional Data Sources to determine best methods of interfacing to Accela system. Acceptance Criteria: • Review and approve the Interface Specifications document Acceptance Review Period: • Fifteen (15) business days total DELIVERABLE 17: DEVELOP LICENSED PROFESSIONAL INTERFACE Accela will provide a program to load licensed professional data from the CLSB to the Accela Automation licensed professional tables. Data will be provided in Accela's standard format. Upon approval of the Licensed Professional Interface Specifcations document, the Accela team will develop the load routine that will populate the Accela system with the appropriate data. In terms of specifc output, the following will be executed for this deliverable: © 2012 Accela Inc. Page 17 3-66 Statement of Work Accela Responsibilities: • Use an Accela web service or other tool to implement the interface functionality based on the specifications. Agency Responsibilities: • Validate interface through testing. • Work with Licensed Professional Data Source to ensure proper data is being pushed to Accela system. • Work with Licensed Professional Data Source software to ensure data from Accela is incorrect format. Acceptance Criteria: • Demonstration and approval of the completed interface as per the requirements detailed in the interface specifcations document. Acceptance Review Period: Fifteen (15) business days total DELIVERABLE 18: SPECIFICATIONS DOCUMENT FOR QUADRANT INTERFACE Accela will provide an interface between Accela Automation and an Quadrant Payment System. It is assumed that data from Accela Automation will be updated from the Quadrant Payment system using the Accela Web Services and Stored Procedure provided by Quadrant. In order to determine the Agency requirements for this interface, analysis sessions will be conducted as a portion of this deliverable. The findings will then be documented in the Interface Specifications Document(s) for use by Accela in building the interface code. The implementation of the interface is dependent on the assistance of the Agency's staff, specifically, interface analysis, data mapping, and data manipulation as required in the source system. In terms of specific output, the following will be executed for this deliverable: - , ;,Quadrant Payment Interface. Specifcatioris Document _ _ _ _ Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Conduct Interface Analysis sessions Quadrant Payment System. • Work with Agency staff to develop interface specifications document. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Provide system and access to individuals to provide required details of system interface. • Allocate the time for qualified business and technical experts for the testing sessions that are critical to the project success. • Identify and coordinate any related tools used to implement the interface (3rd party or in-house development). • Assist in the interface specification development and data mapping process. • Review and approve the interface specification documents. • Work with Licensed Professional Data Sources to determine best methods of interfacing to Accela system. Acceptance Criteria: • Review and approve the Interface specifcations document. Acceptance Review Period: • Fifteen (15) business days total O 2012 Accela Inc. Page 18 3-67 Statement of Work DELIVERABLE 19: DEVELOP QUADRANT PAYMENT INTERFACE Accela will provide a program to move Quadrant Payment Interface data from Accela Automation to the Agency system per the Specification developed in Deliverable 18. In terms of specific output, the following will be Accela Responsibilities: • Use an Accela web service or other tool to implement the interface functionality based on the specifications. • Build all aspects of the real-time interface that interact directly with the Accela Automation. Agency Responsibilities: • Validate interface through testing. • Work with Quadrant Agency to ensure data from Accela is in correct format. Acceptance Criteria: • Demonstration and approval of the completed interface as per the requirements detailed in the interface specifications document. Acceptance Review Period: • Fifteen (15) business days total DELIVERABLE 20: NA DELIVERABLE 21: INTERFACE -ACA PAYMENT PROCESSOR Accela will develop an interface between Accela Automation and the PayPal Standard system for Electronic Payments. Specifically, Accela will utilize/update the standard E-Payment adaptor to the PayPal Standard system for ACA (Accela Citizen Access) payment processing. It is assumed thafall departments will be using the same version of PayPal Standard system for payment processing. In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Work with Agency staff to develop interface specifications with the specified version of PayPal Standard system. • Use an Accela web service or other tool to implement interface functionality based on the specifcations. • Assist the Agency with testing and debugging of the interface. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. ©2012 Accela Inc. Page 19 3-68 Statement of Work J_,.~ • Allocate the time for qualified business and technical experts for the testing sessions that are critical to the project success. • Identify and coordinate any related tools used to implement the interface (3rd party or in-house development). • Assist in the interface specification development and data mapping process. • Review and approve the interface specifcation documents. • Allocate the time for qualified personnel to test the interface for acceptance to ensure that the data populates successfully according to the interface specification documents. • Provide detailed specifications on business requirements to current PayPal Standard system. Acceptance Criteria: • Review and approval of the Interface Specification document. • Demonstration of the interface meeting the specific requirements detailed on the interface specifications document. The Agency will not unreasonably withhold acceptance if the Agency opts to complete the task using Agency or third parry resources. DELIVERABLE 22: NA DELIVERABLE 23: EVENT MANAGEMENT SCRIPTING ASSISTANCE During the configuration analysis phase of the implementation project, Accela will identify opportunities to supplement the Accela Automation base functionality via Event Manager Script Engine (EMSE) script development. Accela will work with key Agency project stakeholders to identify the business ruleslprocesses to be automated. Accela will work with Agency to identify desired EMSE functionality, and subsequently will help prioritize the scripting needs to determine which scripts will be developed by Accela, and which scripts can be developed by the Agency. The scripts developed by Accela can be used as models whereby agency staff can develop and modify additional EMSE scripts as needed. Accela will provide up to 80 hours of scripting assistance. Representative examples of business processes that could be automated by a script listed below. Note that the below list is an example list only and not a list of the actual script(s) that will be developed for the project. • Cancel application submittal based on proximity alert (Accela GIS) o Use Case: Do not allow a casino to be located within 1 mile of a school; • Closing workflows based on inspection results o Use Case: Final Inspection is complete, update workflow; • Automatic assessment of complex fee calculations o Use Case: Auto fee calculation, assessment, and invoicing upon application submittal; • Increment a date based on workflow status change o Use Case: Expiration on Permit is made current every time a workflow is updated; • Preventing inspections based on various criteria o Use Case: Depending on workflow /application status, do not allow an inspection to take place. Prior to the development of a script, the Agency will approve a design specifcation document that will be created jointly by the Agency and Accela. The approved document will be used as a basis for determining completion and approval of the deliverable. In terms of specific output, the following will be executed for this deliverable: ©2012 Accela Inc. Page 20 3-69 Statement of Work W~ •!?^f9iM S u~'r' ~xX~ - ^}X"~PK e!-~s +-c' b .au~.vy~u~M+•w"+1 ~YPfY\Y4krV^WF 'F '°N"k+~.'R°L-C..e .i;,,..r:.~; 7'r u^E~ n. .:. '~:~.~~.~- -~w.c~ as-. ~.~a.~.. -.f ...",.s .~w` ... Accela Responsibilities: • Work with Agency staff to identify potential uses of EMSE scripting. • Assist with development of list of desired EMSE functionality. • Aid the Agency in prioritizing which scripts will be developed by Accela. • Develop EMSE scripts based on the specifications. • Demonstrate functionality of scripts per specifications. • Accela will provide up to 80 hours of Scripting Assistance. Aaency Responsibilities: • Allocate the time for qualified business and technical experts for the script requirements sessions that are critical to the project success. • Identify resources that will learn EMSE scripting tolls and approaches for ongoing maintenance. • Prioritize desired EMSE functionality to determine which scripts Accela will develop. • Provide timely and appropriate responses to Accela's request for information. • Verify the Event Script Specification meets the intended business requirement. • Allocate the time for qualified personnel to test the script for acceptance. • Ensure that the data populates successfully according to the script requirements document. Acceptance Criteria: • Review and acceptance of design documeht with written sign-dff from the Agency. • Provide a list of scripts developed and demonstrated up to the 80 hours. Reports Reports are defined as anything that can be printed from the system, including but not limited to, reports, forms, documents, notices, and letters that the Agency wishes to print as identified during configuration analysis. The Configuration Document will def ne the reports and documents that are required by the Agency to effectively use Accela Automation. These reports will be broken down by level of effort and identifed in the configuration document. It is expected that, after the appropriate training on the database and the selected report writing tool is completed, Agency personnel will be able to handle additional and future report requirements. Reports are classified by level of effort: high, medium, and low. High is defined as a report containing significant calculation andlor extensive detail and number of fields -for example a financial statistical report or complex permit. The majority of reports require a 'medium' level of effort, which is defined as a report displaying non-calculated and minimal calculated data fields. Reports with a low level of effort are typically letters or notices that contain contact information and basic application data. These reports can be developed using the integral Accela Report Writer included with Accela Automation or Crystal Reports XI Server at the Agency's discretion. These custom reports, whether developed with Accela Report Writer or Crystal Reports, will be deployed in the Report Manager far use within Accela Automation. DELIVERABLE 24: REPORT SPECIFICATIONS Accela will develop documents/letterslreports from those identified by the Agency as required for the new system. Accela and Agency have agreed that Accela will develop reports based on the following breakdown: ©2012 Accela Inc. Page 21 3-70 Statement of Work ... ,~.....,. °4..... x.....°rE.os,...-_,.Szv.,...r _..:wa.~.'.~ ~--r..?r~'d~:7,^a,""`m~~;..,..,...:,.u....»....__w,-.._.u.,.._ u~s "''y "v .a.~~,>.~~......a.,..,...~....~,.....,n...»..~..~. • 10 number of Medium Complexity • 10 number of Low Complexity Prior to the development of a report the Agency will approve report design specification documents that will be created jointly by the Agency and Accela. The approved documents will be used as a basis for determining completion and approval of the reports. Development of each report cannot begin until agreement on each specification is complete. A proven strategy that combines the use of the Accela Automation Quick Queries, custom reports developed by Accela that include run-time parameters to allow similar reports to be combined, and the development of other reports by the Agency after training, can ensure that all required reporting requirements are met. In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Assist in determining level of effort for reports to assist with prioritization. • Develop report specifications. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate key users and content experts to participate in the report specification. • Provide information and data in the formats specified by Accela that will be needed for agreement on the Deliverable. Acceptance Criteria: • Agreement on prioritized list of reports that will be developed by Accela. • Review and approval of individual Report Specifcations documents. The Agency will not unreasonably withhold acceptance if the Agency requests changes to the reports specifcations after the initial signoff of the specifcation by the Agency. • Agency will have 10 business days to review the Report Specification Documents. If no changes or comments are requested within the 10 days, the Report Specification Documents are considered approved by the Agency. DELIVERABLE 25: REPORT DEVELOPMENT Accela will develop custom documents/letters/reports per the specifications developed and approved in Deliverable 24, Report Development. Changes to the report specifications after approval can negatively impact project progress and the overall schedule. Therefore, changes to the report specifications after approval requires an analysis by Accela to determine the level of effort required, and if a change order would be required to complete the work. In terms of specific output, the following will be executed for this deliverable: - A total of 20 documents/letters/custom reports per the Report Specification Documents Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Develop reports per specifications. ©2012 Accela Inc. Page 22 3-71 Statement of Work t.,~n1..':,~.;... ~.~._ x~ns.._:. ,.A..i,.,u~.us."..m.._...',~M~....,s_.~..a,.,.„=t._~,..~~~..~`...'".as.:^sas.~~~~'+..~~'.1~.'~..~~~`,-...~.s:3k".~°~A:.,.... ~~~...... ... • Assist in the validation of the reports in test environment. Agencv Responsibilities: • Provitle timely and appropriate responses to Accela's request for information. • Make available the appropriate key users and content experts to participate in the report development and validation activities. • Request change order if changes to specifications are required. Acceptance Criteria: • Confirmation of report accuracy in test environment per Report Specifications. DELIVERABLE 26: ACCELA GIS CONFIGURATION Accela will install and configure Accela GIS to link and leverage existing Agency GIS information, including assistance with establishing the map service to be used in conjunction with Accela GIS. The following are the main objectives being pursued through the implementation of the Accela GIS: • Look up permit information and parcel information from the Permitting system. • View selection, location, and associated GIS information. • Select one or more parcels and add new applications to the permit system. • Auto-populate spatial attributes for a property informs (including ACA). During GIS installation, Accela's technical staff will work with Agency IT staff to ensure that the components for hardware, software, database, network, and Internet are in place for the Accela GIS test and production environments. Accela technical staff will validate the proper installation and configuration of the Accela GIS environment. In terms of specifc output, the following will be executed for this deliverable: Accela Responsibilities: • Install Accela software and perform quality assurance checks on the confguration and performance based on acceptance criteria mutually developed by Accela and the Agency. • Demonstrate that the Accela GIS applications are operational in the Agency computing environment thus communicating with the Accela Automation system. • Assist the Agency in identifying and developing Proximity Alerts and Dynamic Themes Agencv Responsibilities: • Arrange for the availability of appropriate staff for the system installation, setup, testing, and quality assurance throughoutthe setup process. • Order and procure necessary hardware, non-Accela systems software, and networking infrastructure as specified by Accela. • Provide people and physical resources based on the dates outlined in the project schedule. • Prepare the hardware, software, and network in accordance with the specifications provided by Accela. • Provide Accela with network access for remote installation and testing. ©2012 Accela Inc. Page 23 3-72 Statement of Work ~„µ, _ -;P -=-"~=Maser r ~~.«. ~. .....:. _-. ~ .:: -: ~. _ ..,„ • Provide information and data in the formats specifed by Accela that will be needed for the GIS implementation. Acceptance Criteria: • Demonstration of operating Accela GIS in test environment. DELIVERABLE 27: ACCELA CITIZEN ACCESS CONFIGURATION This deliverable includes setup, analysis, configuration and online merchant account setup assistance for the Accela Citizen Access (ACA) software on the Test site. Subsequently, Accela will work with the Agency representatives to assess and implement Accela Citizen Access to extend certain aspects of the internal Accela Automation configuration for use by the general public. Features available for confguration include: • Permit and Complaint Research • .Permit Application and Issuance (3 Record Types) • Inspection Request Entry • Inspection Results Research • Status tracking In terms of specifc output, the following will be executed for this deliverable: Accela Resnonsibilities: • Setup Accela Citizen Access in Accela Support Cloud. • Assist agency in set up and validation of merchant account integration. • Work with the Agency to determine which services to expose to the public via Accela Citizen Access. • Create configuration specification for Accela Citizen Access based on analysis with ±he Agency. • Confgure the Online Record types defined in the System confguration Document in Accela Citizen Access. Aoency Responsibilities: • Obtain a merchant account, and deploy an Internet-enabled payment engine. • Validate that the confguration specification for Accela Citizen Access meets Agency requirements based on details from the confguration phase of the project. • Perform testing of all Online Record types for purposes of validating the configuration. Acceptance Criteria: • Accela Citizen Access confguration Analysis Document provides details of all confguration elements based on Accela Automation back office confguration. • The base configuration of Accela Citizen Access is configured as documented in the approved Accela Citizen Access Configuration Specification Document. • Demonstration of the operational Accela Citizen Access functionality per the specification document(s). Acceptance Review Period: ©2012 Accela Inc. Page 24 3-73 Statement of Work • Ten (10) business days DELIVERABLE 28: ACCELA MOBILE OFFICE CONFIGURATION Accela will configure the Accela Mobile Office application. As part of this deliverable Accela will perform the configuration tasks required to ensure Accela Mobile Office interfaces with Accela Automation in both a test and production environment. Using Accela Mobile Office, an Agency inspector can perform activities such as: • Result inspections/investigations in either storelfionvard or wireless mode Analysis activities with the Agency will result in a Mobile Office Configuration Specifications Document. Subsequently, Accela's staff will extend base configuration of Accela Mobile Offce per the Mobile Office Confguration Specifications Document. In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Create configuration specifications for Accela Mobile Office based on analysis with the Agency. • Configure Accela Mobile Office based on approved specifications document. Acceptance Criteria: • The base configuration of Accela Mobile Office in the Test environment is configured as documented in the Accela Mobile Office Confguration Specifications document. Acceptance Review Period: • Ten (10) business days total DELIVERABLE 29: V360 USER EXPERIENCE V360 User Experience is comprised of the fine-tuning of the User Interface ("look and feel"). of the system, usability and security. This portion is completed prior to User Acceptance Testing to provide a more refined view of the system and assistance with system acceptance for new users. Accela will use the completed configuration and standard, best practice V360 User Interface as a starting point for analysis and documentation of desired look and feel of Accela Automation V360 user interface. In conjunction with the Agency representatives, Accela will perform the following tasks: • Review and update the required portlets for each major user group. • Review and update the required fields, field order and field names of each major portlet. • Provide recommendations and seek input on required Quick Queries in order to define a default list. • Provide recommendations and seek input on required Smart Charts (Dashboards) in order to define a default list. Accela will use the V360 User Console confguration document template, and the appropriate content within that document to capture the Agency's desired V360 User Experience to be confgured. Accela's Project Manager will coordinate the compilation of the information collected during the Analysis into the document, including detailed settings related to the following topics: • User Consoles • Form Filters C 2012 Accela Inc. Page 25 3-74 Statement of Work tir y_ ,. • ASI Form La out • APO Template Form La out. • Quick Queries. Smart Charts • - M Navi ation Go Td Menu s • Data Filters - ' ' •' Secud The Project Team, consisting of representatives from both Accela and the Agency, will conduct a formal review of the document for the purpose of approval and sign-off on the deliverable. Accela will configure the application to meet the requirements of the document upon approval In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Conduct sessions to capture the required look and feel functionality of the Accela Automation system. • Conduct meetings via email, Adobe Connect, phone, and in person to gather and validate analysis input. • Prepare and complete V360 User Console Configuration Document. • Build the user experience components as documented in the V360 User Console Configuration Document. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate Agency key users and content experts to participate in the user experience analysis and verify the accuracy of the documented user experience elements. • Schedule participants and meeting locations for analysis activities. Acceptance Criteria: • V360 User Console configuration document. • Agency will have 10 business days to review the V360 User Console configuration document. If no changes or comments are requested within the 10 days, the V360 User Console configuration document and milestone is considered approved by the Agency. STAGE 5 -READINESS DELIVERABLE 30: PRODUCTION SUPPORT Production date is defined as the official date in which Accela Automation moves from the test environment to production for daily Agency usage. This date will be agreed to by both Accela and the Agency at project inception. It may be altered only by change order agreed to by both parties. In the weeks prior to moving to Production, Accela will assist in final data conversions, system validation, staff preparation assistance and training, and coordination of deployment. In terms of specifc output, the following will be executed for this deliverable: ©2012 Accela Inc. Page 26 3-75 Statement of Work .,.,.-f,~'a",:.,.~...~.:....~ ~,i _..,,.,_ ....t.,__~~....._.._. .~,... ~.,n,._. ~...W as:_>~.."'~..~c~F~,...s.. _w.~.=~ ...y......_.._,.~.. _.,.~...._...~W=` ...a..,y. Accela Responsibilities: • Provide on-site resources to support the move to Production effort. • With assistance from the Agency, lead the effort to transfer the system confguration and any required data from Support to Production. • Assist in the development of aPre-Production checklist that details the critical tasks that must be accomplished prior to moving to Production. Aaency Responsibilities: • Provide technical and functional user support for pre and post Production Planning, execution, and monitoring. • Provide timely and appropriate responses to Accela's request for information. • Assist in the development of aPre-Production checklist that details the critical tasks that must be accomplished prior to moving to Production. • Make available the appropriate Agency key users and content experts to participate in user acceptance testing as defined and managed by Agency. Acceptance Criteria: • Deployment support prior to moving to Production. • Production system is frst used by the Agency for daily use. DELIVERABLE 31: ADMINISTRATIVE AND TECHNICAL TRAINING Accela will provide training for Agency staff that focuses on the administration, maintenance, and augmentation of its Accela Automation confguration. Our aim at Accela is to educate Agency resources on all aspects of Accela Automation in an effort to ensure the Agency is self-sufficient. This allows the Agency to best react to changing requirements and ongoing maintenance, which can allow the Agency to be reactive and significantly reduce system maintenance costs over time. In addition to a comprehensive administrator training course that spans three days, Accela will also train Agency users on the administration and use of the system. Specifcally, the following courses can be selected from the ffteen days of training being provided to the agency to the Agency. (NOTE -This is a list of all Administrative Training and the agency can choose at their discretion which training is required). At a Minimum the follow training sessions must be delivered to the agency Three-Day Accela Automation Administrator, One-day EMSE, and One-day Report Workshop. The total of required Administrative training courses is 5 days and the other Standard Training Courses can be added as required to support the project. The project will have to floating training days for Administrative or End-User. • Accela Automation Administrator Training, • Accela Event Manager Script Training, • Accela Report Workshop Training, • Accela Familiarization Training, In terms of specific output, the following will be executed far this deliverable:. ©2012 Accela Inc. Page 27 3-76 Statement of Work ,~:, Accela Responsibilities: • Coordinate with the Agency to define training schedule and logistics. • Deliver training per the specifc requirements listed above. Agency Responsibilities: • Select and prepare the power-users who will be participating in the training and subsequently training end users. • Arrange the time and qualified people for the training who are critical to the project success. • Provide suitable Agency facilities to accommodate various training classes. • Ensure that users are profcient in using PC's in a Windows environment as a prerequisite for the course. • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. Acceptance Criteria: • Execution of listed training courses DELIVERABLE 32: DAILY USER TRAINING -TRAIN THE TRAINER APPROACH This Deliverable includes the Delivery by Accela of multiple sessions of a 7-day "Train-the-Trainer" course. Accela best practices have proven that class sizes no larger than 14 participants are more successful with students who meet the pre-requisites of the course. The Accela Trainer will work with the City if a class size needs to be modified to ensure a successful instruction outcome. End User Training should be coupled with the City delivering supplementary user training to its staff using the core Use Cases documented in each System Configuration Document. Accela recommends the City adopt the "80120 rule" for training, focusing the majority of their training on 80% of what the City normally does operationally. The recommended supplementary training conducted by the City can utilize business experts from each area to train on all aspects of their confguration. Accela will deliver current and comprehensive training documentation in a format that can be customized by the City. Documents delivered by Accela to the City will be valid for the release being implemented. In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Coordinate with the City to define training schedule and logistics. • Provide 7 day Train-the-Trainer course sessions. • Perform post-training evaluation(s) to ensure City staff have the necessary information to perform their train- the-trainer duties. City Responsibilities: • Identify the City resources who will receive the training and who have the skills to perform as "trainers", if required. • Provide a training room at the City facilities to conduct the training classes. • Ensure that users are proficient in using PC's in a Windows environment as a prerequisite for the course. • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. O 2012 Accela Inc. Page 28 3-77 Statement of Work kr rc..a.«a n.a. ~u~n.._u. .....~........... sa,.*..rxG.. w..w.. _.,. .... &.P.The.:. w*.~... w... rc_. ...vw, .y. , s,.... Fl:.,«...s.....G„nw.. .c...w...G~x.eh::..m . a... .~.... W P , .d.... Acceptance Criteria: • Delivery of training documentation at least 30 days prior to the Training. • Execution of 7 day Train-the-Trainer course sessions and verifcation that individuals have the information required to perform their train-the-trainer duties. DELIVERABLE 33: USER ACCEPTANCE TESTING (UAT) This deliverable is comprised of the assistance Accela will provide to allow the Agency to accept that the solution meets the requirements as documented in all the deliverables. Accela will assist the Agency in the testing and validation of the solution and its readiness to be migrated to production for active use and will assist in transferring the solution and any required data from Support to Production. Accela will provide of support for training, oversight, answering questions and addressing issues discovered in User Acceptance Testing: It should be noted that it is critical that the Agency devote ample time and resources to his effort to ensure that the system is operating per signed specifications and ready for the move to production. The testing effort will require a significant time investment by the Agency, and coordination of resources is critical. At this point in the implementation process, the Agency should test individual components of functionality of the solution (i.e., functional and/or unit testing), and also test to ensure that the interrelated parts of the Accela Automation solution are operating properly (i.e., integration testing). Accela will provide assistance to the Agency as needed by providing User Acceptance Testing (UAT) support and facilitating completion of UAT. Accela will address and rectify issues discovered during the UAT process as Agency staff executes testing activities. Accela will work with the Agency to develop a test plan and deliver sample test scripts, as well as an issue log to track the progress of testing. It should be noted that Accela will plan for a total of 1 month to complete this deliverable. If the Agency does not devote adequate time and staffing to UAT in order to completely test the solution, Accela may opt to postpone go-live at the Agency's expense. Accela will work diligently with Agency to ensure this does not occur and provide several opportunities for the Agency to add additional staff and time to this effort before recommending a postponement or delay. In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Provide recommendations ontesting strategy and best practices. • Lead the Agency in up to 1 month of User Acceptance testing effort and the validation of the system configuration and its readiness to be migrated to production for active use. • Resolution of issues as a result of User Acceptance Testing activities. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate Agency key users and content experts to participate in user acceptance testing as defined and managed by Agency. • Develop the User Acceptance test scripts. • Utilize the use cases documented in each Confguration Document Deliverable as the basis for the acceptance of this Deliverable. ©2012 Accela Inc. Page 29 3-78 Statement of Work Acceptance Criteria: • Completion of up to 1 month of UAT Support STAGE6-DEPLOY DELIVERABLE 34: PRODUCTION SUPPORT Production date is defined as the official date in which Accela Automation moves from the test environment to production for daily Agency usage. This date will be agreed to by both Accela and the Agency at project inception. It may be altered only by change order agreed to by both parties. In the weeks prior to moving to Production, Accela will assist in final data conversions, system validation, staff preparation assistance and training, and coordination of deployment. In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Provide on-site resources to support the move to Production effort. • With assistance from the Agency, lead the effort to transfer the system confguration and any required data from Support to Production. • Assist in the development of aPre-Production checklist that details the critical tasks that must be accomplished prior to moving to Production. Aoency Responsibilities: • Provide technical and functional user support for pre and post Production Planning, execution, and monitoring. • Provide timely and appropriate responses to Accela's request for information. • Assist in the development of aPre-Production checklist that details the critical tasks that must be accomplished prior to moving to Production. • Make available the appropriate Agency key users and content experts to participate in user acceptance testing as defined and managed by Agency. Acceptance Criteria: • Deployment support prior to moving to Production. • Production system is f rst used by the Agency for daily use. DELIVERABLE 35: POST DEPLOYMENT SUPPORT AND TRANSITION TO CRC This deliverable is comprised of the post- Production support assistance that Accela will provide to address issues and provide consultative advice immediately following the move to Production far daily use. Accela will provide support for 2 weeks immediately following deployment (go-live). At the end of the support period, a formal meeting will be scheduled with the Agency, Accela Services Team, and Accela CRC for the purpose of transitioning support of the Agency to Accela CRC. Accela will work with the Agency to identify and address issues identifed during this period using a Post Production Issues List. This list will be comprised of issues related to the defined deliverables listed in this SOW, which will be addressed by Accela, as well as any other issues which will be addressed by the Agency. Examples of issues the Agency is responsible for include training issues, functional changes beyond the scope of this Statement of Work, ©2012 Accela Inc. Page 30 3-79 Statement of Work .. ` cosmetic changes, and procedures related to the use of Accela Automation. Specifcally, Accela will not be developing or creating additional reports, conversions, records types and workflow processes that were not included in the scope of this project. In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Provide post-production support for Accela developed configuration and components. • Assist with the identification of issues for the Post Production Issues List. • Assist with issues that may arise related to the deliverables in this SOW. • Transfer ongoing support of the client and to the CRC to address any post Production issues that require remediation. Agency Responsibilities: • Provide technical and functional user support for post-production support and monitoring. • Develop and maintain a Post Production Issues List. • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate Agency key users and content experts to participate in user acceptance testing as def ned and managed by Agency. Acceptance Criteria: • Execution of 2 weeks of post-Production support. • Official transfer from the Accela Services project team to the Customer Resource Center (CRC). ©2012 Accela Inc. Page 31 3-80 Statement of Work PAYMENT SCHEDULE The table below represents the Services payments to be made during the project. Pa menLMilestone - Pa rnent Descri lion _' Services " ConUact Si ni ' ~ Due U on.Si nin '3103,950 Pro ress Pa men[ 1 1 month from contract si nin date 541,580 Proress Pa merit 2 2 months from conVact si nin date >- $41,580 Pro ress Pa merit 3 3 months fromcontract si nin date - $41,580 Pro ress Pa merit 4 4 months Vom contrac[signing date $q~,580 Pro ress Pa merit 5 5 mon[hsfrom wnvact signing date '"' gg1,5i;0 .Pro ress Pa merit 6 6 months from contraU signing date 'gq~,r~80 Pro ress Pa men[ 7 ~ 7 months from conVact signing date `. $81,580 Pro ress Pa men[ 8 8 months from contract signing date : ' $36,383 Pro ress Pa men[ 9 9 monthsfrom contract signing date $36,382 Final Pa merit Acce Lance to Go Live $51,975 'Services Total 3519;750 Estimated Travel Ex enses $51,975 :To[alTravel&Services:' $571,725: ©2012 Accela Inc. Page 32 3-81 Statement of Work .~,_ a PROJECT RESOURCES AND LOCATION OF WORK WORK LOCATION Services contracted under this SOW may be performed remotely andlor at the Agency's on-site facilities as deemed appropriate and reasonable for the successful completion of the Services detailed herein. AGENCY RESOURCES Agency must fill the appropriate roles with the appropriate personnel to work together with the Accela Engagement Team for these Services and that Agency will make available additional resources as needed for the Services to be successful. Agency roles can be filled by the same person. In addition, Agency will provide all necessary technical resources to make appropriate modifications within any Agency systems wishing to integrate with any Accela systems. These resources must be proficient in Agency coding/development environment and tools, to make the required changes to their software to enable integration and must be available during the timeframe of these Services. Agency roles include Sponsor, Project Manager, Technology Manager, and Business Lead(s) for each Division/departmet being implemented, Super User trainers, and others as appropriate. :IResponsibilities include: ~ ~ ~ ~ ~ • Ultimate responsibility for the success of the project, I Creating an environment that promotes project buy-in, ~IProject Sponsor Driving the project through all levels of the agency, i r High-level oversight throughout the duration of the project, • Serving as the primary escalation point to address project issues in a timely manner. i I ;Responsibilities include: ! Overall administration, coordination, communication, and decision-making associated with the implementation; Project Manager • Planning, scheduling, coordinating and tracking the implementation with I, Accela and across departments within the agency; ~ ~ Ensuring that the project team stays focused, tasks are completed on ~ I I schedule, and that the project stays on track. ~ i i ;A user representative for each affected department must be appointed to facilitate ,analysis and configuration and serve as adecision-making entity for that ' 'group. These critical appointments may well determine the success of the kimplementation for their respective areas. Responsibilities include: I' DivisionlDepartmental Busines~ Attending requirements workshop sessions; r~ Leads Willing and able to gather data and make decisions about business ~ processes; j Assist in the creation of specifications for reports, interfaces & conversions] I Review and test the system configuration; I! • Participating in the implementation of the Accela Automation solution. 1 ,' ©2012 Accela Inc. Page 33 3-82 Statement of Work ~ Being trained on the Accela Automation system at a System i Administration level; • Being fully engaged in the Business Analysis and system configuration DivisionlDepartmental SubjecF ' activities; Matter Expert (SME) Assist internal efforts towards the creation of reports, interfaces & conversions; • Assist in the review and testing of the system confguration; • Actively participate in the full implementation of the Accela Automation it ' solution. t I R i ponsibilities include: • Primary responsibility for the technical environment during the software implementation; r that servers databases network deskto s rioters, are available Ensue , , P P j for system implementation and meet minimum standards; Work with Accela technical personnel during implementation; Technical Lead • Maintain test and production databases; • Perform day-to-day maintenance of the system and install maintenance releases; i Act as the primary technical resource for troubleshooting problems; I Establish and maintain backup, archival, and other customary I ( maintenance and housekeeping activities. ACCELA RESOURCES Accela will assign key Professional Services resources for this engagement with Agency. These individuals are well versed in the Accela Automation application, and are well qualified to lead this effort. Accela's Project Manager shall assume full responsibility for the coordination of this team and its interaction with key Agency resources assigned to the effort. The main roles are as follows: ~. ~ iThe Project Executive oversees the project's progressldvection and works with the ~ Project Manager to ensure efficiency, consistency and quality in delivery of Accela ~ implementations. The Project Executive actively participates in a project 'Project Executive `director/executive role. The Project Executive will meet with Agency Executives ~ !monthly or upon request throughout the duration of the project. ~ I I j~ IThe Accela Project Manager is responsible for the overall project management and jworks directly with the client throughout all aspects of Accela implementations from , ithe initial scoping, planning, staffing to delivery. The Project Manager undertakes the ~IProject Manager project administration tasks including:. j" • Project plan management, j s E Change order management, I ©2012 Accela Inc. Page 34 3-83 Statement of Work r k -S' y -p i~ ~ s.~, ~.. ate.. ~: s...e ~.. .. <... .w, v. _,.vwce~..x.__, w ~a..wi..~,..~i .MwGA~..u---.~xv....:. -.w ........su att.!A:a.swl~ss. ~.?:e1.x+....~...bv`.~i'.. .~_.... .,. I Issue log management and escalation, ' Status reporting, • Project workspace management, • Resources management, • Work plan management, ~ Meetings management, I~ i" Project review with Project Executive. l ~ ~ In addition, the Project Manager will actively participate in leading the System ~ Confguration Analysis sessions and will be responsible for the creation of the System' ' ' j Configuration Document. ~ _ .; ~° The Senior Implementation Consultant assigned to the project will haveve major experience in the business process as well as the product functionality and is ~ responsible for: ~ ! Business analysis activities: Mapping the client's business processes and requirements to the functionality of Accela's products and the creation of i solution design, iSenior Implementation ~ Leading system confguration activities, j (Consultant ~ Providing training/mentoring to agency staff, • Recommend industry best practices to agency to enhance business ~ processes, I Guide agency on how best to configure the system based on past ~, experiences and software expertise. i I ' Implementation Consultant resources support the project and typically focus on the lowing tasks. • The configuration of the system to-match the System Configuration !Implementation Consultant.. , document. ~ Build activities within the project, such as conversion data mapping, creation , ! ! I of reports and interface specifcation. ` Accela Technical Consultants are involved in all areas that require knowledge o Server-side considerations and Accela add-on products such as: ~, Application installation and setup (Accela Automation, Accela GIS, Accela (Technical Consultant ~ Wireless, and Accela Citizen Access), ~' I Report defnition and creation, '; ~ Event Manager Script def nition and programming, • Database Conversions and data mapping assistance, ' 1 ~ Interface specifications and development. ` ~Training Consultants are responsible for Accela Training classes with assistance 7raining Consultant i- ifrom Implementation consultants, depending on the nature of the specific project. ©2D12 Accela Inc. Page 35 3-84 Statement of Work ACCEPTANCE The Services contracted for in this Statement of Work will be considered Accepted when all Deliverables defined in the Work Description Section have been accepted by Agency as defned for each Deliverable. Additionally, transition to Accela's Customer Service Center, CRC has been completed. The live system has been handed over to the CRC and the transfer of knowledge from the Project Team to the CRC has also been completed. All training has concluded and project documentation has been handed over to the CRC. ©2012 Accela Inc. Page 36 3-85 Statement of Work _. _.~ APPENDIX A - ACCELA IMPLEMENTATION METHODOLOGY Accela will deliver its Services to the Agency by employing the methodology detailed in this section. This is a proven methodology that guides the project from inception to deployment, thereby increasing the chances of successfully implementing Accela software products. Project delivery through execution of this Implementation Life Cycle is described below. IMPLEMENTATION LIFE CYCLE Thorough execution of these six stages ensures that Accela customers receive high-quality services throughout the project engagement. Figure 1 -Accela Methodology r=sz ;ialn ~mi Gt> li:e a~; Ptr~r - .:..-...., .., .,.:., apxs- ~ rn ~tvc Y - ~ rrr x:~E --.. As illustrated in the figure above, the stages of project delivery flow in linear direction, although many tasks run in parallel as appropriate to avoid unnecessary project delays. Each stage has pre-defined objectives, tasks and associated deliverables. Depending on the exact scope of the project, a full complement or subset of all available deliverables will be delivered through the services defined for the project. Employing this deliverables-based approach ensures that Accela and the Agency understand the composition and 'downstream' impact of each project deliverable to ensure the project is delivered with quality and in a timely manner. INITIATION Initiation represents the first stage in the lifecycle. During the Initiation stage, project contracts and the SOW are finalized, project scope and objectives are reviewed, and project planning activities and deliverables are completed. In terms of specifc deliverables, common output from the Initiation Phase is as follows: • Project Charter,' • Baseline Project Plan, • Project Status Report Template, • Project Sharepoint Site pre-loaded with baseline documentation, • Project Initiation Meeting. ANALYSIS Analysis is the second stage in the lifecycle. During the Analysis stage, Accela reviews existing agency documentation, interviews agency staff, and conducts workshops to understand the "To-Be" vision of the Agency that can be executed with the aid of Accela Automation. It is during this Phase that Accela gains a deeper understanding of Agency processes and business rules; simultaneously, the Agency begins to gain a deeper understanding of the methodology and Accela Automation capabilities. A key output of this Phase is the To-Be Analysis Document(s) which serve as the 'foundation' for configuration of Accela Automation to support germane elements of the Agency "To-Be"vision. Supplementing the To-Be Analysis Document(s) ©2012 Accela Inc. Page 37 3-86 Statement of Work z ~. are all other configuration specifications documents related to data conversion, interfaces, reports, and event scripts. SOLUTION FOUNDATION Solution Foundation is the third stage in the lifecycle. It begins upon completion of Stage 2 and should be completed prior to the next stage, Build. During the Solution Foundation stage, Accela Automation will be built to match the to-be processes agreed to in the Analysis stage. Essential to this effort is the configuration of the Record (Case, Application, Permit, Work Order, etc) types that were agreed to during the Analysis phase. Configuration of in-scope record types is comprised of, but not limited to: • User-defined felds (Application-Specifc Information and Task-Specific Information), • Workflows and statuses, • Fee structures and rules, • Inspection data. BUILD Build serves as the fourth stage in the lifecycle, and execution of this stage overlaps Confguration, but ends after Configuration is complete. During the Build stage, all defined elements during the Analysis stage beyond the Solution Foundation will be implemented. This includes conversions, event scripts, interfaces and reports. In terms of specific deliverables, common output from the Build Phase is as follows: • Event Script Development, • Report Specifications and Development, • Data Conversion Specifications and Development, • Interface Specifications and Development. READINESS Readiness is the fifth stage in the lifecycle. During the Readiness stage Accela Automation is fully tested, errors are identified, documented and corrected. Additionally, the solution is prepared for deployment. In addition, system administrators and end users are trained so that all appropriate agency staff members are prepared to use and maintain the software once the move to production occurs. In terms of specific deliverables, common output from the Readiness Phase is as follows: • User Acceptance Testing, • End-User Training. DEPLOY Deploy is the sixth and final stage in the lifecycle. During the Deploy stage the applications are moved to production; all requisite pre-production activities are identifed, tracked and completed, and post-production analysis and review is completed. Upon moving to production, the Accela Automation applications are transitioned to the Accela Customer Resource Center ('CRC") for ongoing support. A formal transition will occur between the Services team and the CRC that instructs the agency on available communication channels (telephone, email, online tracking system) and use of the Accela knowledge base. Lastly, all documented issues or enhancement requests will be transitioned from the Services team to the Customer Resource Center. In terms of specific deliverables, common output from the Deploy Phase is as follows: • Pre-Production Checklist Development, Tracking and Execution, • Move to Production, ©2012 Accela Inc. Page 38 3-87 Statement of Work - ~ .,,.....~.~ _., .~.~~ M Post Production Analysis, • Formal Transition to the CRC for Ongoing Support ©2012 Accela Inc. Page 39 3-88 Statement of Work APPENDIX B -DATA CONVERSION ASSUMPTIONS The following information provides detail related to the scope of Accela's data conversion offerings. Due to the inherent complexity of conversion activities, it is critical to address and understand common questions and misconceptions. Any conversion activity or requirement not included in this section is considered out of scope, and may be addressed through a change order for Accela services. GENERAL INFORMATION AND REQUIREMENTS FOR HISTORICAL CONVERSIONS The standard data conversion includes the conversion of transactional data to the Accela Automation database when a configured destination exists. In the event there is no destination for legacy transactional data then it will be required to be converted as best fits into another area of the configuration or excluded from the conversion effort. Accela will perform unit testing of the conversion program including spot checks of the data within Accela Automation in order to identify if data corruption issues exist. Extensive quality assurance of legacy/historical data by the agency is required in order to ensure accurate transfer of data. A completed, signed off, Solution Foundation must be available before Accela will begin the data conversion mapping effort. DATA CONVERSION ASSUMPTIONS - "As-Is" Approach: Conversion of transactional tables, Address/Parcel/Owner (APO) data, Professional License data is executed "As-is"into Accela Automation. "As-is" means that the data will be transformed as mapped to existing confguration elements in Accela Automation. The conversion process will not create confguration data or alter the mapped data when processed into Accela Automation. Additionally this means if invalid, inaccurate, or incomplete data is provided, it will be loaded into Accela Automation "As-Is". All data cleanup must occur prior to execution into Accela Automation. - Accela Data Conversion Tools: Data will be mapped and converted utilizing Accela's Extract, Translate and Load ("ETL") toolset. This will assist to ensure the accuracy of the mapping. The data mapping tool ensures that the legacy source to Accela Automation solution is accurate and prevents data from failing to convert, while the execution tool can be used to consistently run conversion process and track statistics. - Acceptable Data Formats For Historical Conversion: It is expected that the Conversion Source Data be provided in an Oracle 10g/11g or Microsoft SQL Server 200012005/2008 database format. In the event that the source is not in an acceptable format, Accela will provide recommendations for transposing the data in the proper format. - Acceptable Data Formats For Reference Conversion: It is expected that the Conversion Source Data be provided in Oracle 10g/11g, Microsoft SQL Server 2000/200512008, or pipe delimited flat fle format. In the event that the source is not in an acceptable format, Accela will provide recommendations for transposing the data in the proper format. - Documents: Historical/Legacy data conversion DOES NOT include the conversion of attached documents into Accela Document Services ("ADS") in Accela Automation. ©2012 Accela Inc. Page 40 3-89 Statement of Work APPENDIX C -DELIVERABLES ACCEPTANCE FORM ', Please acknowledge acceptance by: A B Sign and fax this document to: Email this document zs an attachment to: Accela, Inc. o© YOUR NAME R YOUR EMAIL YOUR TITLE Tel: Fax: j Date: A enc Name: ' A rovin A enc Mana er: i Accela Manager Pro'ect Name /Code: i it Contract /Agreement #: Agency agrees that Accela has successfully completed the following Deliverables: Sourcel Deliverable# Reference Details ~ Service I _ Agreement Agency agrees that Accela has successfully completed the Deliverables described above in accordance with the terms of the related ContracdAgreement. APPROVALS: --........._-_..-__-... Agency Name Signature Title Date ©2012 Accela Inc. Page 41 3-90 ~e v~S'~~ :rtP"-I Na. ~ RESOLUTION NO. r72L'el~trec~ 326/(3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LICENSE, MAINTENANCE AND CONSULTANT SERVICE AGREEMENTS WITH ACCELA, INC., TO UPGRADE: PERMITS PLUS TO ACCELA AUTOMATION, VELOCITY HALL TO ACCELA CITIZEN ACCESS, ACCELA WIRELESS TO ACCELA MOBILE OFFICE, AND ACCELA GIS TO THE LATEST VERSION; WAIVING THE FORMAL CONSULTANT SELECTION PROCESS; AUTHORIZING AND DIRECTING THE MAYOR TO SIGN THE AGREEMENTS; AND APPROPRIATING FUNDS ACCORDINGLY WHEREAS, the City has responsibility for processing applications and permits for projects and land development within City boundaries; and WHEREAS, in 1991 City purchased Permits Plus© automation software for processing such applications and permits, and has continued to utilize and upgrade this software to meet City's development processing needs; and WHEREAS, evolutions in technology and software require that the existing systems be upgraded from: Permits Plus to Accela Automation, Velocity Hall to Accela Citizen Access, Accela Wireless to Accela Mobile Office, and Accela GIS to the latest version in order to enable the City to streamline, expand and improve delivery of online services to the public, and allow for integration with other local jurisdictions; and WHEREAS, the cost of the upgrade will be funded from the Development Services Fund with revenues generated from the 2011 Development Services Fee Study rates that were set to recover certain non-labor, amortized costs that include a Permits System Upgrade; and WHEREAS, it is impractical for the City to solicit bids from third-party vendors because it would be costly, require a considerable amount of added time for internal staff to educate a third party and would eliminate the ability create inter-agency agreements with other jurisdictions in the region using Accela, Inc. software. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista hereby waives the formal consultant selection process, approves the license, maintenance and consultant services agreements between the City and Accela, Inc. to upgrade: Permits Plus to Accela Automation, Velocity Hall to Accela Citizen Access, Accela Wireless to Accela Mobile Office and Accela GIS to the latest version, each agreement in the form presented, as may have been modified by the Council prior to its approval, and with such minor modifications as may be required or approved by the City Attorney, copies of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute each of the three approved agreements. Resolution No. Page 2 BE IT FURTHER RF,SOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2012-13 Development Services Fund budget to reflect the appropriation of $677,175 to the Development Services Fund's Supplies and Services category from the available Development Services Fund reserves. Presented by Ap~oved as to fot~xt by ~;~~;~~~ Gary Halbert, AICP, PE ~~~~,~3C~'n R. C~e~ Assistant City Manager/Director of //~/C~l{{ty Attorney Development Services