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HomeMy WebLinkAboutItem 8.5 HdLCompanyPermitS/W (2) " CITY CLERK File # ~IQJ-~[Q] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 21,1998 SUBJECT: Selection of Permit Software / Participation As Product Development Site: HdL Companies Permit Software q~Report Prepared by: Paul Rankin, Assistant City Manager) EXIDBITS ATTACHED: 1. 2. Excerpts from Proposal Submitted By HdL Companie's Proposed Agreement RECOMMENDATION: ~ Authorize the City Manager to execute the proposed agreement substantially in the form presented. Total first year Software cost as a HdL beta client would be $7,000. In addition the City would have some hardware costs which are estimated not to exceed $6,530 and would be purchased form a separate vendor. The funding required is consistent with the adopted Capital Improvement Project included in the Fiscal Year 1998/99 Budget. The City will incur on-going Maintenance Support costs in subsequent years. enESCRJPTION: On March 3, 1998 the City Council authorized the distribution ofa Request For Proposal for an Automated Permit Tracking System. In accordance with the City purchasing ordinance the City Council approved an exception to the formal sealed bid process. With the purchase of technical software systems it is appropriate to consider a variety of factors. FINANCIAL STATEMENT: Current Process The City currently uses a manual process for tracking various permits. Although spreadsheets and other personal computer tools have been implemented, a comprehensive tracking system does not exist. In addition the coordination of information between different departments may not be easily obtained from a single source. A lengthy list of conditions is applied to development projects subject to the Eastern Dublin Specific Plan. In order to efficiently administer the Development process, monitoring of the compliance with these requirements warrants the use of a centralized database. Building Permits comprise probably the largest number of special permits issued by the City. Last year the Building Department issued approximately 1,020 permits. An automated system will assist with tracking the permit during the review stages, as well as coordinating information related to the current status and subsequent inspections. It is also anticipated that an effort will be initiated to input old information contained on paper records on a computerized system. Since incorporation the City has issued over 13,200 Building Permits. In addition, the City has Alameda County paper records of permits issued prior to incorporation. 4Il------------------------------------------------------------------ COPIES TO: Nancy Hicks, HdL Companies ITEM NO.--'1d GIPERMTSYS/agpermit.doc The current process has both negative and positive impacts on the selection of a new system. The task of inputting historical data into a database is time consuming and this will impact the ability of the City to maintain 100% of the information immediately on a single system. There will also be a cost in terms of Staff time and/or the amount time which would lapse before all historical information would be available. However, the lack of an automated format also prevents the City from being limited to selecting a . particular solution based solely on the ability to convert existing data. Uses Anticipated For A Permit System Although Building Permits will be a significant portion of the new system, Staffhave identified the importance of accommodating a variety of permits. This includes: Annual Fire Permits; Parcel Map Information; Public Works Encroachment Permits; Zoning Permits; Conditional Use Permits; Police Permits; Zoning Investigations; etc. The multiple uses also assist with the ability to provide One-Stop permit assistance to residents and businesses. The implementation of a Permit Tracking System will provide an automated source of parcel information, which currently exceeds what is available to Staff. At the present time the City has access to the Alameda County Assessor Data. This information is affected by delays related to changes in parcel information as well as incomplete information related to zoning and other pertinent information. It is anticipated that the development of the permit database, will also be a component of a future integrated Geographical Information System (GIS). A GIS will combine data and parcel information with graphical maps. The permit system will be the first major step to automate parcel information which may be connected in the future to a GIS. Selection Process The City distributed Requests For Proposals to eight firms. Prior to the submittal deadline a pre-proposal conference was held to allow vendors to obtain additional information about the City and its needs. The . City received a total of three responses for the provision of software systems. All of the proposed systems will necessitate the purchase of additional hardware to fully implement the project. The purchase of this equipment will be done as a separate bid in accordance with the City purchasing ordinance. Following the receipt of the proposals Staff did a preliminary review of the written proposals. In addition, Jim Slaughter, Computer Systems Specialist reviewed the technical hardware and operating systems of the three proposals received. Given the limited City Data Processing Staff, the implementation and on- going support required for the system is a critical factor. The Building Official also conducted follow-up discussions with Tidemark to identify possible options to the system as proposed. This vendor has been active in working with several Bay Area communities to develop and implement a common Permit system (Bay Area Smart Permits). Staff also evaluated a PC based demonstration of the Sierra Permits Product and reviewed a presentation by HdL. Proposals For CO:rrl,plete Installation Of Systems Two of the vendors (Tidemark and Sierra Permits) submitted proposals for products which are currently being installed in municipalities. Each vendor was willing to modify the proposal elements and offered alternatives as to the features which would be obtained. With software systems of this nature it is common for the vendor to provide a basic package and then produce custom modifications to reflect the operations and desires of the particular agency. In the case of Tidemark the provision for conversion of existing data was unclear. Sierra Permits indicated a willingness to submit a bid for data conversion once the project was implemented. Given that the City has primarily paper records the process of conversion is . actually manual data entry. Included in the adopted Fiscal Year 1998-99 Budget was a Higher Service Level in the Community Development Department to provide approximately 340 hours of temporary clerical assistance to initiate the input of historical Building & Safety information. ~\l. Th~ costs associated with the two proposals ranged from approximately $51,330 to $172,350 plus the necessary hardware. Although the systems were broadly developed to include numerous features, even a basic system from these vendors would demand a significant financial investment. The costs associated with Installation, Project Management, and Training under these proposals exceeded $23,000. Prom a . technical operations and support standpoint the implementation of these systems would also present impacts to the on-going resources of the Administrative Services Department. Alternative to Participate As A Test Site In Coni unction With HdL Companies HdL Companies has offered to allow the City of Dublin to participate as one of six "beta clients" for the final development of its Permit System Software. The City will actually have input into the features and functions to be included in the final version. The City recently implemented the HdL Business License software, which is now operational in 50 cities. In addition, the City subscribes to HdL's sales tax and property tax monitoring and reporting services. Utilizing more than one package from a vendor also results in better integration of common data. For example, if a Building Contractor is obtaining a permit, the data from the Business License system will be linked to the Permit system. The approach used by HdL in the development of its software products is to create systems for local governments which can be operated in a client server open network. Given the changes in the capacity of computer servers over the past 10 years, processes which previously were reserved to mainframe/mini computers are now capable of being implemented with PC related components. This results in the ability to implement systems more economically and they operate in an environment which is less proprietary than the larger centralized data processing systems. The time frame for the final release of the software is January 1999. HdL has indicated as part of the proposal a willingness to convert 3 months of data from paper to the new system. Initially HdL would . meet with Staff to obtain in-depth information about the methods used to issue permits. This would be required with the implementation of any system. From August through October the firm will be providing approximately once each month, a pre-release version of the software containing the input from the six selected test sites. As explained in the Proposed Agreement, the City obligation is to test the program by entering data and using the various features. One of the primary responsibilities of a beta site is to try and "break" the program and to detect any problems or recommended modifications. Cost / Investment of Staff Resources Required . HdL has agreed to a set price for the City to participate as a test site. The cost of the HdL system would not exceed $7,000, which is considered to be 50% of the expected market price. This includes the first year maintenance and customer service. As previously noted the cost also includes the conversion of a limited number of paper records to the new system. HdL will also convert a small existing Zoning Enforcement database for use on the new system. HdL also absorbs the typical costs associated with implementing the system, including: designing fee tables, set - up of the various permit types; forms design; and training. Participating in an arrangement such as this is not without risk to the City. Although payment does not occur until fmal delivery of the product, if the firm abandoned the development the City would have lost time before a working system is implemented. Given the track record of the firm as well as the importance of the implementation to all of the "beta clients" Staff believes that any associated risk is acceptable. This is especially supported in light of the public investment required to implement systems presented in the . other proposals received. The City of Pleasanton is also one of the "beta test sites" and the Pleasanton Finance Department previously served as a test site for the HdL Business License product. The willingness of a City to repeat participation as a test site with a software developer, suggests that there is a high degree of confidence that the project will come to a successful conclusion. The amount of Staff tim~ required for the testing will vary depending on the user and the type of feature that the test version is attempting to test. For example, the casual user who may need to only look-up information or review reports will have less time involved than the Staff who will be doing data entry. Obviously, the City benefits from the testing of the product by having input on the final version, which . will address user needs. Recommendation Staff recommend that the City agree to participation as a "beta test site" for the HdL Permit System, and that the City Council authorize the City Manager to execute the Agreement substantially in the form attached to the Staff Report (Exhibit 2). . . . W6 [,:~ ~Il~ Ir~J ~ ill) CITY OF DUBLIN BUILDING INSPECT/ON DEPT. . PROPOSAL FOR, AUTOMA TED PERMIT SYSTEM CITY OF DUBLIN . EXCERPTS . Exhibit 1 --- .:'~ " .j --- '~1 ,.-.... ,".." ~:, ~; i;.";'.- - ~.~. ",.,'Y ! ~ i: .0ij ~ ~ 1J J J J ];,. ... .';r 1 j ~ j ].. .. , ] "1 j ] ] j . . Revenue I\liJllilg(~IIl(~IlI, Ill/' Loc,ll (;ovel'IlIlH~1l1 Hinderliter. de Llamas & Associates HdL Coren & con. HdL Software. LL April 27, 1998 City of Dublin Attention: Cece Farias, Administrative Secretary 100 Civic Plaza - Finance Dept. - Second Floor Dublin, California 94568 Dear Ms. Farias: In response to your solicitation due April 28, 1998, enclosed are one original and four copies of our firm's proposal to provide automated permitting services for the City of Dublin. This proposal is valid through November 3D, 1998. HdL has under development a permit system that will allow the City to process and track all preconstruction and construction activities related to the City's permitting activities.. The system will provide the tools to aid in inspection and approval tracking and code enforcement. It will also provide management information about the planning and building activities. This Windows system will be integrated with HdL' s business license and property tax software and runs standalone or in a network configuration. . The combined experience of the HdL team members serving the City of Dublin represents decades of experience in every aspect of city government: finance, management, auditing, economic development and legislative consulting. Each staff member has experience with both the private and public sectors. I will be the City of Dublin's contact person regarding questions related to this submittal. Our address and phone number are shown on this letter. We would appreciate the opportunity to review our service with you in more detail and demonstrate our capacity to provide the scope of service that you are requesting. The City of Dublin is currently contracting with The HdL Companies for business license, sales tax and property tax services and we look forward to the opportunity to provide this additional service. Sincerely, ~ AL:~ Nancy Hicks . 1340 Valley Vista Drive I Suite 200 I Diamond Bar. CA I 91765 I I!H)!) I IWI -4 :la 5 I 1"'\\ I !Ill!) I lHi 1-77:W F,~ {j ~ Ie I j ] j '] j le ] ] 1 I e Proposalfor Automated Penn;t System City of Dublin SUMMARY OF SERVICES The HdL Companies were founded in 1983 by Bob Hinderliter and have grown into a total revenue management finn currently serving over 208 clients with a wide range of services. The HdL Companies bring an experienced team that represents decades of experience in every aspect of city government: finance, management, auditing, economic development and legislative advocacy. Our staff is trained in tax law, tax administration and auditing techniques. Our proprietary computer programs are the most advanced in the state and enhance our reporting and auditing capabilities as well as those of our clients. HdL has under development a permit system that will allow the City to process and track all preconstruction and construction activities related to the City's pennitting activities.. The system will provide the tools to aid in inspection and approval tracking and code enforcement. It will also provide management information about the planning and building activities. This Windows system will be integrated with HdL's business license and property tax software and runs standalone or in a network configuration.. The system will generate permits, reports, inspection and approval information. HdL also provides ongoing analysis and management support. If the City becomes a client for HdL's new mapping system, the permit system will also be linked to the maps. HdL proposes that the City of Dublin participate with HdL in the design and development of the system as a <<beta" client. The IIdL Companies 3 _I j j,; ,. ~. ~->"- ~. ~ii~ 14 t~i ;a J ~ ~ E ~-::, ...,~.., .~I! I j.1' -, -, J j j :~ j j j i .... Proposal for Automated Permit System City of Dublin A. PERMIT SOFlW ARE SYSTEM . 1. Permit Software. HdL has the technology, methodology and trained staff needed to develop the permit system, and has demonstrated with its business license system its ability to bring a successful software system to market. Five clients participated as betas for the business license system; forty-five cities are currently using the system. The City shall participate with HdL in the design and development of the permit software system. Participation includes a) Provide HdL with permits forms, fee schedules, ordinances, resolutions, procedure manuals and related materials. b) Assist in the design by providing information about how permits are processed including expected "inputs," "outputs" and "outcomes." c) Review all designs - general design, detail design, screen designs and table designs. Provide feedback suggestions. d) Work with HdL and other beta site clients to come to a consensus with regard to problem solving. e) Conduct testing as needed. This does not mean parallel for six months. It does mean that as HdL provides a test program to the City, the City will test the program by entering various permits into the system, editing permits, generating reports, etc. One of the primary responsibilities of a beta site is to try and "break" the program. In other words, be a bug finder. . . The ffdL Companies 4 j j.. . l ~ 1 1 1 1 1 -. "Jl ] 1 i ~ ~ -;) ~ ]" j.: 1 '1 .~ ~. 1 Proposal for Automated Permit /:j'ystem City (if Dublin 2. Capabilities of the system. The City of Dublin has 7,477 parcels of land, expected to increase to 13,085 within 10 years. Approximately 790 permits (all types) are issued per year, expecting to increase to 1,865 permits issued annually within 10 years. The system is intended to process and track all planning, building, electrical, HV AC, plumbing, sewer, demolition, grading plan check fees and other miscellaneous permits and fees. The system will have a land management system and a code enforcement module. Tables will be used (as with HdL's business license system) to ensure consistent data entry, control and to allow flexibility from one organization to another. When tables are used, the user may use "hot keys" or open the appropriate data information box to make a selection. The system will print all significant permit activity, including plan checks, payments and the issuance of the permits. In addition a certificate of occupancy can be printed out when the building permit is finalized. Inquiry will be available by any number of fields including permit number, situs address, parcel number, owner name or contractor name. Inquiry by other than the permit number (which is unique) will provide a list of all permit activity associated with the inquiry field selected. The user may then select an individual permit for review. The system will contain a filtering system as in HdL' s business license and sales tax systems for ease in selecting specific permits to be viewed and/or printed. A series of standard reports will be included in the system, with The lfdL Companies 5 ~ .. ~ '7'"J j ~ ~. '; ~ ~ 1 j 1 l-v d' " l' .\',' -" ~- ~;1 .,~ L!II!' Proposal for Automa.ted Permit System City of Dublin the same type of ad hoc reporting capability as contained in the business license system. User defined reports will be part of the report generation function. . 3. Data conversion and implementation a) HdL will conv~rt the City's existing code enforcement and planning data bases so they can be used in the development of the system. HdL will convert three months' of paper permit records so they can be used in the development of the system. HdL will build the tables for the City including fee tables, permit type tables, inspection tables, construction value tables, etc. b) HdL will provide forms design in coordination with the City. c) The City understands that corrections, improvements and upgrades will continue to be made after the installation of the working version. d) HdL will provide manuals and training e) HdL will coordinate its resources III an attempt to complete development of the software so that it is capable of being implemented by the City by January 4, 1999. . ~ ~ ~ 4. Compensation. First vear fee. HdL proposes an initial first year software license fee of $7,000. In recognition of the City's participation as a beta site, the software license fee has been discounted by 50%. ~ ioJ -~ ..... 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 and shall be as follows: 1 1 1 LI Standalone installation $ 3,000 One user . The HdL Companies 6 ] ~. Proposal for Automated Permit System City of Dublin ~ or 0J Network installation $ 3,000 Plus $ 800 F or the Erst user Each additional user Maximum $10,000 -, . ~ Users are defined as those who can add, edit, or print. There is no additional user fee for "inquiry only" users. Annual maintenance fees 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 customers. j hi .':;~ J), " .;.; ~ , -. ti . ~.~ ~ ,- Customizing sen,ices. 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 customer enhancements to the business license software on a pre- determined time and materials basis. 5. Hardware Requirements. The permit software is a Windows application. a) Workstations should be a PC compatible Pentium with 16 MB of memory and VGA monitor. ~ :~~ . 'l._ I....... ,.\l;~ ~. .. :..,r. .. b) File server must be a dedicated server. Pentium is recommended. "i'il ;;q ,- c) Recommended printer is HP 5SI or equivalent. ~ ..;.~ , . d) Network software can be Windows NT or Novell Netware. i I"f:~ .'!J.t1. .'7 e) The size of the data set and program will range from 50 MB to 85 ME including history. The HdL Companies 7 ~ 4~ ... ~ "l 1 l ~ ! l l 1 1', " ~ :~ ~ .:~~ Proposal for Automated Permit System City of Dublin HdL recommends that the City acquire the hardware directly (it appears that the City's existing hardware configuration is adequate). As an option, HdL can provide hardware at HdL's current cost. 6. Sample Permit Computer Screens -- ~" :'i.'~, ''',-0. ~ .~~ i"; '>'~ . .,;; 'I ~., :-"t .. ,~ ~ The HdL Companies 8 . . . [1. ~ [] [l [] [l n n n . ~ [] 01 ~ I rtTg L: Proposal for Automatet;! Pennit System City of Dublin .~ i!:Sli1>di1(.llix:*~~:;8111i~~{".. '.":'-':" I~. i '0" : i"~- L.' ~ i:~ }I...- . --- ' ~<"; .''''-..,0\\ ~ "~ :~i~ "-- ~ .:;~ ~-' The HelL Companies 9 1 rJ Proposal for Automated Permit System City of Dublin n . n n n ---- " j 't !' fl .. n - j J . J j ~ 11 f I I I ,~ I .. . 'I The HdL Companies 10 I dil. ~. 1- -'. ,. ;, Jl - II II . - - II , J1 . . l' ~ Proposal for Automated Pennit System City of Dublin C. FIRM HISTORY AND KEY PERSONNEL FIRM HISTORY Hinderliter, de Llamas and Associates (HdL) was founded in 1983 and developed California's first computerized sales tax management program. It was also responsible for securing the legislation that allows independent verification of state allocations. In 1990, HdL Coren and Cone was established to provide property and documentary transfer tax services. In 1996, HdL Software was formed to provide software systems for local government including business licenses, permits and mapping. Together, the companies serve over 208 California agencies including 30 of the state's largest counties. Their audit and consulting services include sales tax, property tax, documentary transfer tax, utility user/franchise fees, business licensing and transient occupancy tax. The companies have generated over $177 million in new monies for client agencies to date. Client agencies are provided with computer data sets for sales tax, property tax, business licenses and building permits that may be integrated with mapping data. HdL provides ongoing analytical support that details tax revenues and trends by category, individual tax generator and by specified geographic or project areas. HdL's familiarity with the specialized needs of local government allow it to provide information and support on a wide range of issues including business retention programs, developer negotiations, economic strategies, bond analyses, annexations, revenue sharing agreements, and general revenue collection. HdL advises its clients about proposed changes in laws and regulations relating to sales and use tax, property tax and other revenues. The fldL Companies 12 7" SAMPLE AGREEMENT Exhibi t 2 . . . ~,',W 3. .'r. ~ ;;',- . - !I )I II II .- .. i j j i t j J I' I SAMPLE AGREEMENT FOR BETA SITE PARTICIPATION - BUILDING PERMIT SYSTEM This agreement is made and entered into as of the day of JilL Y , 199~, 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. A. BUILDING PERMIT SOFIW ARE. The City shall participate with HdL III the design and development of the system. Participation includes: 1. Provide HdL with permit forms, fee schedules, ordinances, resolutions, procedure manuals and related materials. 2. Assist in the design by providing information about how permits are processed including expected "inputs", "outputs" and "outcomes". 3. Review all designs - general design, detail design, screen designs and table designs. Provide feedback and suggestions. 4. Work with HdL and other beta site clients to come to a consensus with regard to problem solving. 5. Conduct testing as needed. This does not mean parallel for six months. It does mean that as HdL sends a test program to the City, the City will diligently test the program by entering various permits into the system, editing permits, generating reports, etc. One of the primary responsibilities of a beta site is to try and "break" the program. In other words, be a bug finder. HelL Software, LLC Beta Site Participation - Building Permit System l B. CAPABILITIES OF THE SYSTEM. . I i The system is intended to process and track all building, electrical, HV AC, plumbing, sewer, demolition, grading plan check fees and other miscellaneous permits and fees. The system will be linked to HdL's property tax and business license systems. I I Tables will be used (as with HdL's business license system) to ensure consistent data entry, control and to allow flexibility from one organization to another. When tables are used, the user may use "hot keys" or open the appropriate data information box to make a selection. The system will print all significant permit activity, including plan checks, payments and the issuance of the permits. In addition, a. certificate of occupancy can be printed out when the building permit is finalized. Inquiry will be available by any number of fields including permit number, situs address, . parcel number, owner name or contractor name. Inquiry by other than the permit number (which is unique) will provide a list of all permit activity associated with the inquiry field selected. The user may then select an individual permit for review. The system will contain a filtering system as in HdL's business license and sales tax systems for ease in selecting specific permits to be viewed and/or printed. A series of standard reports will be included in the system, with the same type of ad hoc reporting capability as contained in the business license system. User defined reports will be part of the report generation function. 1. HdL will convert the City's existing permit data so that it can be used in the development of the system. HdL will build the tables for the City including fee tables, permit type tables, etc. t f , c. DATA CONVERSION AND IMPLEMENTATION. . HdL Software, LLC Beta Site Participation - Building Permit System 2 I ~" .. 2. 3. HdL will provide forms design in coordination with the City. At the time of installation of a working version of the system HdL will request an update of the City's existing permit data so that all City data can be converted, as of the date of installation. Some parallel processing will be needed at that time. 4. The City understands that corrections, improvements and upgrades will continue to be made after installation of the working version. 5. HdL will provide manuals and training. D. HARDWARE REQUIREMENTS. The building permit system will be installed on hardware supplied by the City. The system is a Windows application running in Windows 3.1 or higher. 1. 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 permits and the extent of the history maintained, but will range typically from 50MB to 85MB. 2. In a network environment, the server must be a dedicated server. The software will operate with all currently existing network software. 3. The software is designed to work with a laser printer. An HP4 or HP5 or comparable printer is recommended. E. SOFTWARE LICENSE. I. License. HdL hereby provides a license to the City to use BdL's Building Permit 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 HdL Software. LLC Beta Site Participation - Building Permit System 3 T ~ 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. . 2. City data. HdL acknowledges that the building permit data is the property of the City. At the termination of this Agreement, the building permit data will be available to the City in machine readable format. 3. Proprietary information. As used herein, the term "proprietary information" means any information which relates to HdL's compu~er 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 infonnation which is public information. . F. COMPENSATION. The system has not yet been priced. In recognition of the City's participation as a beta site, the software license fee will be discounted at 50%. ~~~ WE ~~~~. agree that the City's cost will not exceed $7.000 . 50% of this fee will be due and payable when the City generates its first permits on the system. The balance due will be due and payable when the parallel process is completed. G. ANNUAL MAINTENANCE AND CUSTOMER SUPPORT FEES. 1. 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: . HdL Software. LLC Beta Site Participation - Building Permit System 4 Standalone: $ i,nnn for 1 user or Network: $ 3.000 for the 1 st user Plus $ 800 each additional user Maximum of $ 10.000 This maintenance fee is based on the number of users (defined as those who have access to the system to add, edit or print). There is no charge for those who have inquiry rights only. The fee will be increased each year in an amount equal to the increase in the most recently publishcd Consumer Price Index for the surrounding statistical metropolitan area, all urban consumers. 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. 3. Customizing services. The building permit 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 building permits. However, should the need occur, HdL is available to provide city specific enhancements to the building permit software on a pre-detennined time and materials basis. No work shall be perfonned without prior written approval of the City. Fees for these service.s are as follows: Principal Principal programmer Associate Associate programmer Secretarial! Administrati ve $ 135 per hour 135 per hour 85 per hour 85 per hour 35 per hour HdL Software, LLC Beta Site Participation. Building Permit System 5 H. 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. I. 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. J. 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. K. 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. . L. INDEMNIFICATION HelL 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 in part by any negligent act or omission of HdL, its officers, agents and employees under this Agreement. City shall indemnify and hold harmless HelL, 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 . HdL Software, UC Beta Site Participation. Building Permit System 6 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. M. 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 LDUBLIN 100 CIVIC PLAZA DUBLIN. CA 94568 HdL HdL SOFIW ARE, LLC 1340 Valley Vista Drive, Suite 200 Diamond Bar, California 91765 IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Beta Site Participation - Building Permit System to be executed on the date first above written by their respective officers duly authorized in that behalf. CITY: HdL: CITY OF _~P_BLIN HdL SOFTWARE, LLC RICHARD C. AMBROSE, CITY MANAGER ATTEST: City Clerk, KAY KECK APPROVED AS TO FORM: City Attorney HdL Software. LLC Beta Site Participation - Building Permit System 7