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HomeMy WebLinkAboutReso 003-98 BusLicense/HDLRESOLUTION NO. 3 - 98 A RESOLUTION OF CITY COUNCIL OF CITY OF DUBLIN AWARDING PURCHASE OF BUSINESS LICENSE REGISTRATION SOFTWARE TO HDL COMPANIES WHEREAS, the City recently issued a Request for Proposal for Business License Registration Software to five companies providing Windows based soi~vare, as authorized by the City Council at the September 16, 1997 Council meeting; and WHEREAS, the City Council authorized a waiver of the competitive bid procedures due to the technical nature of the product; and WIffEREAS, Two companies responded with proposals for systems to the City's Request for Proposals; and WHEREAS, Staff reviewed the proposals and recommended that the proposal received from HDL Companies best meets the requirements of the City for a business license registration package; and WHEREAS, the proposed agreement with HDL Companies is attached as Exhibit A and by reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to execute the Agreement with HDL Companies Inc. in an araount not to exceed Ten Thousand One Hundred Eighty Five Dollars and Zero Cents ($10,185.00). PASSED, APPROVED AND ADOPTED this 6th day of January, 1998. AYES: Councdmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST: Mayor K2/G/1-6-98/ressftwr.doc Agreement for Business License Services City of Dublin AGREEMENT FOR BUSINESS LICENSE SERVICES ? This agreement is made and entered into as of the ~ ~_v day of January, 1998, by and between the CITY OF DUBLIN, a municipal corporation, hereinafter referred to as City, and HdL SOFTWARE, LLC, a California corporation,.hereinafter referred to as HdL. BUSINESS LICENSE SOFTWARE. HdL shall provide the City with an easy to operate, menu driven Business License Software System which includes the following capabilities: Maintenance and processing. a. The software will store, print and process all business license records, including annual licenses and those which may be issued on a daily, monthly, quarterly or semi-annual basis. It will process licenses for businesses based on any number of. City determined factors including, but not limited to, gross receipts, number of employees, coin-operated devices, and number of vehicles. The software will allow easy data entry of the information contained in business license applications. Based on business type and rate tables, it will calculate fees and print licenses. It will track unrenewed licenses and print renewal notices at the end of the license period, which contain specific calculation instructions based on business type and rate type. Delinquent notices will be generated, which include the calculation of late fees and penalties. The system will generate a journal entry for entering business license payments into the accounting records. c. The software provides a tracking system to insure that businesses have received the appropriate approvals and permits from various city departments. Agreement for Business License Services City of Dublin The software contains data fields for the entry of other business related information such as emergency contact name and address, alarm company or patrol company information, SIC codes, and room or building capacity. The system will maintain business license history for active and closed businesses including prior fees, receipts and business characteristics. The amount of history to be stored will be determined by the City and is dependent on the available free space on the City's computer. fo Users will be able to make inquiry into the data set in a variety of ways, by license number, business name, owner name, address, telephone number, vehicle license number and key word. Audit features. The business license software has the ability to cross check against other data sets available through HdL, such as sales tax and property tax and telephone directories. HdL intends to add other data sets such as membership directories of state organizations. This will assist the City in detecting unlicensed businesses. These additional features will be added as developed at no additional cost. o Reports. A variety of reports are available, in standard format and on an ad hoc basis, including, but not limited to, reports by business name, address, or type, mailing labels and the mandated reports to the Franchise Tax Board on magnetic media. The system will also permit the export/import of data for use on laptop computers by field inspectors. The software will allow the generation of a variety of management reports, for example by geographic area, SIC code and/or amount of business license revenue paid. Agreement for Business Licenses Services . Page # 2 F:\W IN'tKAYVBLDOC~CONTR. ACT'OIU S LI~UB LIN.DOC Agreement for Business License Services City of Dublin 4. Security. The system allows for user defined levels of security and confidentiality through the use of passwords. Bo 5. Ongoing software upgrades are provided as part of the annual maintenance fee. MANAGEMENT SUPPORT HdL is available to assist the City in evaluating current policies and procedures to enhance the audit, collection and enforcement of the City's business license taxes. HdL will assist the City with the development of application, renewal, license and delinquent letter forms to be used with the software. Co CONVERSION AND IMPLEMENTATION 1. HdL will convert the City's existing business license data to HdL program files. HdL will build the tables for the City (rate tables, business type tables, SIC code tables, etc.) (If rates or business types change in the future, or new ones are created, the tables are maintainable by the City.) The City agrees to provide current BRC business license data information in ASCII format with a file layout. If this is not possible, there may be an additional charge for manually converting the data. The work will be done on a time and material basis in consultation with the City. The new data set created during this process will be verified and audited for inconsistencies between existing data and the rate tables and business type tables using HdL's computerized systems. Audit exceptions will be provided to the City for follow up. The new data set and software will be installed on the City's designated standalone computer or computer network. If the City uses HdL sales and property tax programs, these programs will be integrated with the business license system at no additional Agreement for Business Licenses Services . Page # 3 F:\WII,~KAY/BLDOC~CONTRACT~B U SLIC'~D UB LIN~O~ Agreement for Business License Services City of Dublin o cost. If the City is not a client for HdL sales and property tax programs, there will be a charge to link to another vendor's data set or for HdL to supply the data. Training will be provided for the business license staff at the time of installation. A four hour training session will be provided as well as a special training session for other departments. Trained HdL staff will be available for any follow up needed either by telephone or in person as part of our ongoing maintenance and support. HdL will provide three user manuals in color and the City will have rights to reproduce additional manuals. Timeline for implementation of the business license software system is approximately four (4) months from the date of approval of the contract. HdL will provide a detailed implementation plan with estimated completion dates for the following stages:' a) data conversion b) forms design c) training d) installation and going "live" Do HARDWARE REQUIREMENTS The business license software will be installed on hardware supplied by the City. The HdL business license software is a Windows application requiring Microsoft Windows 3.1 or higher. A PC compatible 486DX2 or Pentium system is required, with 8 MB of memory and a VGA monitor. The amount of free space required on the hard drive is dependent on the number of licenses and the extent of the history maintained, but will range typically from 35MB to 50MB. Agreement for Business Licenses Services Page # 4 · F:\WiN~KAY~BLDOC~CON.t. RA~__~i~B U SLiC~DUB LiN.DOC Agreement for Business License Services City of Dublin In a network environment, .the file server must be a 486 or Pentium. Pentium is preferred. The software will operate with all currently existing network software including Windows NT and Novell Netware. 3. The software is .designed to work with a basic laser printer or higher. An HP4, HP5 or comparable is recommended. ACCEPTANCE OF THE SOFTWARE The scheduled date of acceptance of the software by the City is the when all data has been converted, all tables have been built, and licenses, renewals and reports can be generated. The acceptance date will become the anniversary date of the Ag[.eement. Acceptance will be by the Administrative Services Director, determined solely by the City and based solely on the items set forth in this contract, the proposal dated October 20, 1997 and HdL's letter of November 24, 1997. SOFTWARE MAINTENANCE AND CUSTOMER SUPPORT HdL will provide Ongoing software upgrades and updated data from HdL's proprietary data sets and cross-directories to assist the City in its audit work. HdL's standard maintenance and customer support includes telephone support as needed by the City and up to twelve hours of onsite support annually. The first year maintenance and support is provided at no cost. There is an annual maintenance fee beginning the second year. See Paragraph I "Compensation" for the fee schedule. Go CUSTOMIZATION The business license software is a "table driven" system and has been developed to meet almost all of the needs of a City with regard to the management, processing and reporting of business licenses. However, should the need occur, HdL is available to provide custom enhancements on a time and material basis. No work shall be performed by HdL Agreement for Business Licenses Services Page # 5 "F:\WIIq~,AY~B LDOCS~CONTRACT~B USLICOUB LIN.DOC Agreernent for Business License Services City of Dublin without the prior approval of the City. See Paragraph I "Compensation" for the fee schedule. 1. The following items will be customized at no additional cost to the City: a) the Court Information screen will be modified to allow property management name, address, phone number and contact. Five other fields will be renamed per the City's definition. b) c) the additional fields on the Department Approval screen will be renamed per the City's definition. twelve reports will be created, working with City staff and will be on the standard report menu. 2. In addition, the following features have been requested by the City: · : · · ": '." · Estimated date 11' no plans to · .~' : · feature will be provide l'eature, ' ~ :: '..:....',iREQUESTED FI~;ATURE available in cost to perl'orm 1. The ability to enter a "street code" as a July, 1998 N/A shortcut for a street name for the major "business" streets in the City (there are approximately 10 major streets). 2. The ability to select from a table of "Note ......... $540.00 Type" codes. 3. The ability to print a report sorted by July, 1998 N/A department that lists all licenses with approvals outstanding. 4. The ability for the program to July, 1998 N/A automatically convert the status of a license from "pending" to "current" once all of the approvals have been entered. Agreement for Business Licenses Services Page # 6 "F:~WII~KAY',B LDOC~CON'fRACI~B USLIC~DU BLI N.DOC Agreement for Business License Services City of Dublin SOFTW~ LICENSE 1. License. HdL hereby provides a license to the City to use HdL's Business License Software. The software shall only be used by the City. The City shall not sublet, duplicate, or modify said software. The software shall be returned to HdL at the time the license expires, which is the last day of the last year for which the annual maintenance fee has been paid by the City to HdL. The license granted hereunder shall not imply ownership by City of said software, rights of the City to sell said software, or rights to use said software for the benefits of others. This license is not transferable. City data. HdL acknowledges that the business license data is the property of the City. At the termination of this Agreement, the business license data will be available to the City in machine readable format. o Proprietary information. As used herein, the term "proprietary information" means any information which relates to HdL's computer or data processing programs; data processing applications, routines, subroutines, techniques or systems, or business processes. City shall hold in confidence and shall not disclose to any other party any HdL proprietary information in connection with this Agreement or otherwise learned or obtained by the City in connection with this Agreement. The obligations imposed by this Paragraph shall survive any expiration or termination of this Agreement. The terms of this section shall not apply to any information which is public information. COMPENSATION Software license fee. The one time software license fee shall be $9,135 which is based on converting approximately 4,400 business licenses. This cost includes the modification to restrict access to the "Alarm Information" screen. 50% of this amount shall be due and payable within thirty days of the effective date of this Agreement for Business Licenses Services Page # 7 · F:'tWI I~KA'I~BLDOC~CONTRAC'I'~ USLIC"'d)UBLI N.DOC Agreement for Business License Services City of Dublin Agreement and the remaining 50% within thirty days of the date of acceptance of the software by the City as set forth in Paragraph E. Annual maintenance and customer support fee. There is no charge for the first year maintenance and customer support. The annual maintenance fee shall begin at the second year (which includes software upgrades and support to your staff) and shall be as follows: Network: Plus $ 2,500 $ 8o0 for the 1 st user each additional user The City has indicated it wishes to license two users. Users are defined as those who have full access to the system. There is no charge for those who have inquiry or printing rights only. The fee will be increased each year in an amount equal to the increase in the most recently published Consumer Price Index for the surrounding statistical metropolitan area, all urban consumers. There will be no increase the first two (2) years. The maintenance fee will be invoiced each year by HdL and shall be due and payable within thirty days of the date of the invoice. Customizing services. The business license software is a "table driven" system and has been developed to meet almost all of the needs of a City with regard to the management, processing and reporting of business licenses. However, should the need occur, HdL is available to provide custom enhancements to the business license software on a pre-determined time and materials basis. No wOrk shall be performed without prior written approval of the City. Fees for these services are as follows: Principal Principal programmer Associate Agreement for Business Licenses Services $ 135 per hour 135 per hour 85 per hour Page # 8 F:'~WI N~KAY~BLDOC~CONTRACT~ U SLIC~U B LIN.DOC Agreernent for Business License Services City of Dublin Associate programmer Secretarial/Administrative 85 per hour 35 per hour SB 90 reimbursement. Certain costs associated with the Business License Software may be eligible for reimbursement under the provisions of SB 90. HdL will assist the City and/or its consultant in preparation of the SB 90 claim. TERMINATION This Agreement may terminate each year upon written notice thirty days (30) days prior to the anniversary date of the Agreement. Upon termination, the software license shall expire and the software shall be returned to HdL. Mo INDEPENDENT CONTRACTOR HdL shall perform the services hereunder as an independent contractor. No agent, representative or employee of HdL shall be considered as an employee of the City. NON-ASSIGNMENT This Agreement is not assignable either in whole or in part by HdL or the City without the written consent of the other party. GOVERNING LAW The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall also govern the interpretation of this Agreement. Agreement for Business Licenses Services INDEMNIXrlCATION HdL shall indemnify and hold harmless City and its officers, officials and employees from any liability for damage or claims for personal injury, including death, as well as from claims for breach of confidentiality or property damage, including attorney fees, which may arise out of the performance of the work described herein, caused in whole or Page # 9 · P:\WIN~.AYXBLDOCS~CON'I'P,.ACT~ USLIC~DUB LIN.DOC Agreement for Business License Services City of Dublin in part by any negligent act or omission of HdL, its officers, agents and employees under this Agreement. City shall indemnify and hold harmless HdL, its officers, agents and employees, from any liability for damage or claims for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from City's negligent acts, errors or omissions under this Agreement. City agrees to and shall defend HdL and its officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. NOTICE All notices required by this Agreement shall be given to the City and to HdL in writing, by personal delivery or first class mail postage prepaid, addressed as follows: City CITY OF DUBLIN 100 Civic Plaza P. O. Box 2340 Dublin, CA 94568 HdL HdL soFrWARE, LLC 1340 Valley Vista Drive, Suite 200 Diamond Bar, California 91765 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf. CITY: HdL: CITY OF DUBLIN HdL SOFTWARE, LLC APPROVED AS TO FORM: City Clerk City Attorney Agreement for Business Licenses Services Page # 10 · F:'~WI Iq~-.AY~BLDOC~CONTRAClh. B (JSLIC~DU B LIN.DOC WHEREAS, the City Council conducted a public hearing on January 6, 1998, and at the conclusion of the hearing determined that no written protests were filed by the owners of land within the affected territory. NOW, TltEREFORE, BE IT RESOLVED that the city Council of the City of Dublin hereby orders the territory described in Exhibit A-1 annexed to the City of Dublin, the territory described in - Exhibit A-2 annexed to the Dublin San Rarnon Services District, the territory described in Exhibit A-2 annexed to Zone 7, and the territory described in Exhibit A-3 detached from the Hayward Area Recreation and Park District, and directs the City Clerk to transmit a certified copy of this resolution with applicable fees required by Section 54902.5 of the Government Code to the Executive Officer of the Local Agency Formation Commission of Alameda County, pursuant to the provisions of Division 3 Cortese-Knox Local Government Reorganization Act of 1985 Government Code 56000 et seq. PASSED, APPROVED, AND ADOPTED this 6th day of January, 1998. AYES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST: - 2 -