HomeMy WebLinkAbout1999-06-28 City Council (11)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL 10
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:JUNE 28, 1999 CMR: 295:99
SUBJECT:APPROVAL OF AGREEMENT WITH OPENDATA SYSTEMS IN THE
AMOUNT OF $148,525 FOR IMPLEMENTATION OF PHASE I OF
PERMIT INFORMATION TRACKING SYSTEM
RECOMMENDATION
Staff recommends that Council:
Approve and authorize the Mayor to execute the attached agreement with OpenData
Systems of Emeryville, California in the amount of $148,525 to implement Phase I
of a Permit Information Tracking System and related services.
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the contract with OpenData Systems for related additional, but
unforeseen work and performance incentives, which may develop during the project,
the total value of which shall not exceed $22,279.
BACKGROUND
The Permit Tracking Information System (PTS) is a critical element of the Permit
Streamlining effort. The PTS project was first conceived in 1993 and received initial funding
in 1994-95. A request for proposals (RFP) for the PTS was issued by the Planning
Department in 1995. The selection committee reviewed several proposals; however, the
workload of the Planning Department did not allow time for completion of the evaluation.
Consequently, no further action was taken on the implementation of the PTS at that time.
In 1997, a group of 18 Bay Area cities and two counties, including Palo Alto, created a
document entitled "System Requirements for Smart Permitting". This effort was coordinated
by the Smart Valley subsidiary of the Joint Venture Silicon Valley Network, a regional
economic planning effort. The requirements and the technical configuration of a "Smart
Permitting" system included a PTS as one of its elements. This document became the basis
for an RFP that was mailed to 10 leading vendors of permitting sof~are. The evaluation of
the vendor responses, including vendor meetings and demonstrations, led to the designation
of several vendors as "best meeting the requirements for Smart Permitting."
CMR:295:99 Page 1 of 4
Following this evaluation, a consortium of cities and counties in the region, naming
themselves "Bay Area Smart Permits (BASP)", moved forward to negotiate an agreement
with one of the designated vendors, Tidemark Computer Systems of Seattle, Washington.
At about the same time, the City of Sunnyvale Information Technology staff created and
implemented its own in-house PTS. Palo Alto staff subsequently attended demonstrations of
both of these systems and found them both to be worthy of a more thorough evaluation. A
formal evaluation process was established to compare the product chosen by the BASP
6onsortium (Tidemark) with Sunnyvale’s in-house system. Based on its responses and
presentations, Tidemark was chosen as the preferred vendor by Palo Alto’s Permit Tracking
Committee.
Lengthy negotiations took place between City staff and Tidemark to develop a well-defined
scope of work and project deliverables to guarantee that a system would be delivered which
met the users requirements and expectations. Unfommately, despite the efforts of all
concerned, the City and Tidemark could not agree on terms, so Tidemark chose to remove
itself from the project. City staff subsequently reissued the RFP.
DISCUSSION
Project Description
The use of an automated PTS will help to improve customer service and is an integral part
of the City’s permit streamlining effort. Such a system will enhance the City’s efficiency
in processing applications, permits and other activities related to new development; improve
the process of monitoring compliance with project requirements or conditions of approval
and mitigation measures; and improve interdepartmental coordination.
Currently, most of the City’s permit procedures rely on manual transmittal of project
information and verification of project compliance with standard conditions or other
requirements. These procedures will be significantly improved through use of a PTS. A
centralized information system, which can be accessed by all involved departments, will
improve the cycle times for issuing permits. Accurate, up-to-date information about the
permit or permit status can be provided quickly, upon request, at the point of customer
contact. Ultimately, the system is to be used to track and monitor all types of permits and
activities related to permits, such as applications, licenses, inspections, utility service
modifications, complaints and code enforcement.
The number of systems and departments involved, as well as the number of services to be
provided, make the acquisition and implementation ofPTS a lengthy process. However, due
to Year 2000 compliance problems, the City’s existing Building Inspection Permit System
(BIPS) must be replaced by the end of calendar year 1999. In order to expedite the BIPS
replacement, OpenData Systems’ work has been divided into two phases. Phase I will
provide PTS capability to the City’s building permit process, converting data from the
current Building Inspection Permit System (BIPS) and interfacing with the Geographic
CMR:295:99 Page 2 of 4
Information System (GIS), the Utilities Customer Information System (CIS) and the
Interactive Fund Accounting System (IFAS). Staff is still negotiating Phase II of the PTS,
which will extend the functionality of the system to all other departments involved in the
permit process. Phase II will also provide customers access to the system through voice and
Intemet communication.
Selection Process
Early in 1999 the Permit Tracking Steering Committee issued a new Request for Proposals
tb eleven firms for the project. The proposal period was thirty days. A total of six firms
submitted proposals. Two firms were selected to make presentations and be interviewed by
the committee. Following the interviews, Open Data Systems of Emeryville, California was
unanimously chosen by the committee as the preferred vendor.
The attached agreement is for Phase I of the project in the amount of $148,525, which
addresses the replacement of BIPS functionality together with the task of converting the large
amount of existing data into a format compatible with the OpenData Systems product.
RESOURCE IMPACT
Funding of $148,525 for Phase I of this project is available in the Proposed 1999-2000
Capital Improvement Program budget (Project No. 19516). Staffplans to negotiate the scope
and cost of Phase II in late 1999 and will return to Council for approval of Phase II of the
project early in 2000, after Phase I is tested and operational. Funds remaining in the CIP will
be applied to Phase II. A Budget Amendment Ordinance (BAO) will also be requested at
that time to supplement Phase II funding. The amount of the BAO will be determined after
Phase II negotiations are completed.
POLICY IMPLICATIONS
Approval of this agreement does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This is not a project for purposes of the California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment 1
Exhibit A:
Exhibit A- 1:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
: Contract
Proposal
Scope of Work
Costs
Schedule
Insurance Requirements
Nondiscrimination Compliance Form
CMR:295:99 Page 3 of 4
PREPARED BY: David Matson, Project Manager
DEPARTMENT HEAD APPROVAL:
Director
Administrative Services
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:295:99 Page 4 of 4
ATTACHI~fENT 1
AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND OPENDATA SYSTEMS, INC.
FOR PURCHASE OF LICENSED SOFTWARE
AND SUPPORT SERVICES
(PHASE ONE)
THIS AGREEMENT is made and entered into on the day of
1999, by and between the CITY OF PALO ALTO, a chartered
~unicipal corporation of the State of California ("CITY"), and
OPENDATA SYSTEMS, INC., a California corporation, with offices at
5900 Hollis Street, Suite G, Emeryville, CA, Tax ID Number 68-
0169115 ("CONTRACTOR")°
RECITALS:
A. CITY desires to purchase and obtain a license for
certain proprietary permit tracking software owned and developed by
CONTRACTOR.
B. In response to CITY’s request for proposals (RFP
#113126) for permit tracking software, CONTRACTOR submitted its
proposal, dated February 22, 1999, a copy of which is attached
hereto as Exhibit ~A" and incorporated herein by reference.
CONTRACTOR represents that its licensed software will meet CITY’s
objectives as described in RFP #113126.
C. In order to meet CITY’s need to have a permit
tracking system that is Year 2000 compliant, the parties have
agreed to split the scope of work described in Exhibit ~A" into two
phases. In the interest of time, the parties have entered into a
previous contract dated June 7, 1999, entitled ~Agreement Between
the City of Palo Alto and Opendata Systems, Inc. for Pre-License
Consulting Services" (the ~Pre-License Agreement"). The services
performed under the Pre-License Agreement and the scope of this
Agreement together constitute Phase 1 of the work anticipated to be
done pursuant to Exhibit ~A". The scope of Phase 1 products and
services is described in Exhibit ~A-I", attached hereto and
incorporated herein by reference.
NOW, THEREFORE, in consideration of
covenants, the parties hereto agree as follows:
their mutual
SECTIQN I. THE PRODUCT
CITY shall purchase from CONTRACTOR certain licensed
software and support services (the "Product"). The Product is
described in Exhibit "A". The specific deliverables for this Phase
1 Agreement are described in Exhibit ~A-I"
SECTIQN 2. DELIVERY
CITY shall pay for all delivery charges. Delivery will
be made by standard ground transportation charges unless CITY
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agrees in writing to a different method of transportation.
CONTRACTOR wil! handle all shipping, handling and installation of
the Product, and shall coordinate with CITY as to the schedule of
delivery so as to cause the least possible disruption to CITY’s
operations. --
SECTION 3. COMPENSATION
3.1 CITY shall pay to CONTRACTOR a total of One Hundred
Forty-eight thousand five hundred twenty-five Dollars ($148,525.00)
plus applicable sales tax, for the Software which shall include the
software license, plus all services necessary to implement the
software, including al! consulting services, all programming
services, all design services, all configuration services, all data
migration services, all special modifications, all on-site
services; all training; and all travel and expenses incurred by
CONTRACTOR under this agreement, as more specifically detailed in
Exhibit "B", attached hereto and incorporated herein by reference.
3.2 Payment shall be made within thirty (30) days of
submission by CONTRACTOR of an itemized invoice, no more often than
monthly, detailing work-performed, in accordance with Exhibit ~B";
provided, however, the amount payable shall not exceed the amounts
shown for each line item of Exhibit ~B".
3.3 CITY and CONTRACTOR may agree to additional services
within the scope of this Agreement. In such case, compensation
shall be determined in according to CONTRACTOR’s rate schedule set
forth in Exhibit ~B"
SECTION 4.SOFTWARE LICENSE
4.1 CONTRACTOR grants to CITY a non-exclusive, non-
transferrable license for the software during the term of this
Agreement plus the terms of any agreements for extended maintenance
of the software. CITY shall not sell or transfer any of the
software or copies thereof to others; provided, however, CITY
agrees to secure and protect the software and copies thereof from
transfer to third parties, and agrees to take appropriate action
through instruction with its employees who are permitted access to
each software system or copies thereof, to satisfy its obligations
under this Agreement. The license under this Agreement allows CITY
to:
a o
Do
Use the licensed software on the equipment
specifically so designated by the parties;
Copy or translate the licensed software in machine
readable or printed form to provide sufficient
copies to support CITY’s use of the licensed
software, provided CONTRACTOR’s proprietary legend
is included;
C o Transfer the licensed software to a back-up.CPU to
be used when a designated CPU is temporarily
inoperable;
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do Modify any customized licensed software program to
form an updated work for CITY’s use, provided that:
CITY supplies CONTRACTOR with written
notification of the modification; and
ii. The modification is made according to
CONTRACTOR’s conventions or requirements.
Share case types with other members of the BASP
consortium or with other users of CONTRACTOR’s
software.
4.2 CITY will not use or operate the licensed software
improperly, carelessly, or in a manner contrary to that authorized
by this license.
DAMAGES
SECTION 5. INSTALLATION AND ACCEPTANCE; LIQUIDATED
5.1 Implementation Schedule. A detailed schedule of
tasks and deliverable items, which ~outlines the time and manner in
which the transactions contemplated by this Agreement are to be
performed is attached hereto as Exhibit ~C" and incorporated herein
by reference. CONTRACTOR agrees to adhere to the requirements of
the agreed upon Implementation Schedule in all respects. If
CONTRACTOR fails to adhere to the Implementation Schedule, provided
such failure is not caused by CITY, CITY shall have the options set
forth as follows, subject to the notice and other requirements
thereof:
The delivery of the software shall be performed and
completed in accordance with the agreed upon Implementation
Schedule and the provisions of this ~Agreement. If a scheduled
installation date or milestone as set forth in such schedule, or,
in any subsequent Implementation Schedule, developed by the parties
or otherwise agreed to by the parties, shall be incapable of being
met, CONTRACTOR shall give at least seven (7) days’ notice prior
thereto, unless CONTRACTOR shall not know that a delay will occur,
then immediately upon obtaining such knowledge, to CITY of the
existence of such delay, and the proposed actual performance date.
Upon receipt of such notice and provided the delay is not caused by
CITY, CITY may counter-notify CONTRACTOR that unless such delay is
cured and scheduled installation made within twenty-one (21) days
after such counter notice, CITY may exercise the options afforded
it as described in Subsection 5.3 below.
5.2 Acceptance Test. The parties agree that acceptance
of the software shall be a demonstration, to the CITY’s
satisfaction, that the Products perform, individually and as a
whole, in accordance with their published specifications, and able
to perform substantially the function for which they are intended
(the "Acceptance Criteria"). Said demonstration shall be completed
within 20 days of installation of the configured system for each
phase.
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5.3 Acceptance or Rejection. Acceptance shall not occur
until the software has adequately passed the acceptance test set
forth in the preceding subsection 5.2 and CITY has received all of
the deliverables associated with this purchase and license. CITY
shall notify CONTRACTOR in writing immediately upon completion of
the final software acceptance test. The payment associated with
software acceptance due from CITY will be due and payable as set
forth in Section 3 upon satisfactory completion of the acceptance
test and receipt of all deliverables.
If CONTRACTOR fails to provide software or other
deliverables meeting City requirements within the time lines set
forth in this Agreement, or, if the software does not function in
a manner that is acceptable to CITY in the normal daily operating
environment within the acceptance test period, CITY shall have the
option, upon notice to CONTRACTOR, to:
a. Withhold monies due or payable to CONTRACTOR until
such time as the software is compliant in a manner acceptable to
CITY and as provided for under the goals and objectives of this
implementation; or
or
Do Accept the Product at its then level of performance;
c. Permit the acceptance phase to be extended for such
period as agreed upon by CITY in writing; or
d. Accept those portions of the Product which pass the
acceptance criteria and require CONTRACTOR to correct the remaining
portions, in which event CITY shall not be liable for any payments
for such remaining portions until they have passed the acceptance
tests; or
e. Pursue such remedies as may be available to CITY at
law or in equity.
Acceptance of the Product by the CITY will not release
CONTRACTOR from the requirements of correcting software defects in
accordance with the terms of the warranties and maintenance
requirements set forth herein.
5.4 Liquidated Damages. The parties agree that time is
of the essence in the performance of this Agreement, and if the
Implementation Schedule is not met, resulting in potential Year
2000 noncompliance by CITY, CITY will sustain damages. The parties
further agree that it is and will be impracticable and extremely
difficult to ascertain the actual damages CITY will sustain by
reason of such delays, and that the sums specified herein below are
reasonable, good-faith estimates of the damages CITY will suffer
per calendar day by CONTRACTOR’s failure to meet said
Implementation Schedule. Therefore, the parties agreethat
CONTRACTOR shall pay to CITY as liquidated damages thesums
specified below for each calendar day’s delay to meet the
Implementation Schedule, and that if the liquidated damages are not
paid, CITY may deduct the amount thereof from any monies otherwise
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due CONTRACTOR under this Agreement. The failure of CONTRACTOR to
install an acceptable product no later than November 30, 1999 shall
trigger the payment of liquidated damages.
a. If CONTRACTOR fails to meet the Implementation
Schedule, CITY will not assess liquidated damages if a contingency
plan, acceptable to CITY, can be implemented, at CONTRACTOR’s sole
cost, which will minimize to insignificance the risk or potential
damages to CITY.
Do Liquidated damages will be assessed as follows:
(i)$500 per calendar day from the first through
the twentieth calendar day of delay beyond
November 30, 1999.
(ii)$I,000 per calendar day from the twenty-first
through the thirty-first calendar day of delay
beyond November 30, 1999.
(iii)$2,000 per calendar day of delay beyond the
thirty-first day after November 30, 1999;
provided that in no event shall Liquidated
Damages exceed $22,279, which is fifteen
percent (15%) of the total compensation.
c. Liquidated damages shall not be assessed for any
delay that results from a cause specified in the Force Majeure
provisions set forth in Section 17 of this Agreement or for any
delay caused by the City in meeting the Implementation Schedule;
provided that CONTRACTOR shall not be relieved of liability for
Liquidated Damages for any period of delay in excess of that
expressly provided for in said Section 17.
SECTION 6. WARRANTY
6.1 CONTRACTOR warrants that it has the right to grant
the software license described in this Agreement and that the
software is delivered and installed free of any claim of patent,
trademark or copyright infringement. CONTRACTOR shall defend, at
its expense, any action brought against CITY to the extent based on
a claim that the use of the Product, within the scope of this
Agreement, infringes any United States patent, trade secret or
copyright or any intellectual property right granted by the State
of California, and CONTRACTOR shall indemnify CITY from any costs,
damages and fees finally awarded against CITY in such action which
are attributable to such claim; provided that CITY notifies
CONTRACTOR promptly in writing of the claim, permits CONTRACTOR to
defend or settle the claim and provides all available information,
reasonable assistance and authority to enable CONTRACTOR to do so,
provided CONTRACTOR reimburses CITY for such activity. CITY shall
have no authority to settle any claim on behalf of CONTRACTOR.
CONTRACTOR shall have no liability for any claim of patent, trade
secret or copyright infringement based on the (i) use of other than
the then-latest version of the Product from CONTRACTOR, if such
infringement could have been avoided by the use of the latest
version made available to CITY, but CITY, with knowledge of actual
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or possible infringement, chose to retain the prior version; or
(ii) use or combination of the equipment with software, hardware,
or other materials not provided by CONTRACTOR, unless such use has
been agreed to by CONTRACTOR and then only to the extent that such
liability is based on the Products supplied by CONTRACTOR and not
for any such liability as may relate to such other products.
CONTRACTOR warrants that during the warranty period, for
a period of one year from CITY’s acceptance of each phase, the
product will operate according to the Acceptance Criteria. If it
is determined that the Product does not operate according to such
specifications, CONTRACTOR shall, without further charge or cost to
CITY, provide such additional or substitute Product or modification
of whatever kind as is necessary to the Product in order to meet
the Acceptance Criteria, or CITY may exercise whatever options are
set forth in Section 5 (within the acceptance period), at CITY’s
sole option.
6.2 CONTRACTOR warrants that the Product shall meet or
exceed the Acceptance Criteria during the warranty period, and
agrees to replace or repair all defects at no charge during said
period, provided it shall have received reasonable notice of such
defects, and provided the damage shall not have been caused by
willful act or negligence of CITY’s agents or employees.
6.3 CONTRACTOR represents and warrants that the software
shall be able to accurately process date and date related data
(including, but not limited to, calculating, comparing and
sequencing) from, into and between the twentieth and twenty-first
centuries, and the years 1999 and 2000 and leap year calculations
to the extent that other information technology, used in
combination with the information technology being acquired,
properly exchanges date/time data with it. Such processing shall
be transparent to the user.
6.4 CONTRACTOR warrants that its personnel assigned to
function during the term of this Agreement shall be qualified to
perform CONTRACTOR’s support obligations under this Agreement. All
personnel (and any substitutes therefor) assigned to the
performance of this Agreement shall be subject to approval of the
CITY. Personnel whose conduct is incompetent, inefficient, or
otherwise unsatisfactory to the CITY shall be replaced forthwith
upon request.
6.5 In the event that CITY makes any changes or
modifications to the licensed software, CITY agrees that such
changes and modifications shall be the property of CONTRACTOR,
unless CONTRACTOR shall have given its prior written consent to the
contrary. Furthermore, any changes or modifications made by CITY
to the licensed software, except in accordance with Section 4.l.b,
will mean that the foregoing limited warranty of CONTRACTOR with
respect to such licensed software shall no longer apply, and
CONTRACTOR shall have the right to charge CITY for additional
support services at CONTRACTOR’s then prevailing service rate;
however, CONTRACTOR shall have no obligation to provide such
services.
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Notwithstanding the previous paragraph, CITY shall have
the right to create new custom applications using the Software,
including case types, forms and reports; and such applications
shall be and remain the property of CITY.
6.6 EXCEPT AS SET FORTH ABOVE, NO OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED,INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC~
PURPOSE,ARE MADE BY CONTRACTOR AND CONTP~ACTOR MAKES NO WARRANTIES
WITH RESPECT TO HARDWARE EQUIPMENT OR WITH THE LICENSED SOFTWARE OR
FOR THE INSTALLATION THEREOF. IN NO EVENT WILL CONTRACTOR BE
LIABLE TO CITY OR ANY OTHER PARTY FOR ANY LOSS, INCLUDING TIME,
MONEY, GOODWILL AND CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM THE
USE, OPERATION OR MODIFICATION OF THE HARDWARE OR SOFTWARE.
6.7 The foregoing limitations of paragraph 6.6 shall not
limit CONTRACTOR’s liability for damages for personal injury,
including death, or tangible property damage, as set forth in
Section i0.
SECTION 7. SOURCE CODE
7.1 CONTRACTOR acknowledges that it is the intent of
CITY to acquire the software (both source and object) and to
service the software through maintenance agreements with
CONTRACTOR. CITY does not have the staff or the desire to modify,
enhance, or otherwise alter the application internally.
7.2 CONTRACTOR shall deposit with CITY’s City Clerk the
source code and de-encryption code for the licensed software and
any relevant and necessary documentation in magnetic tape or
diskette form. CONTRACTOR shall, from time to time, deposit with
the City Clerk the source code for any updates or modifications to
the software which CONTRACTOR delivers to CITY during the term of
this Agreement. Should CITY exercise the option to use the source
code, CITY shall use it only for purposes of continuing the
operation of the software.
7.3 CITY shall have the right to purchase the source
code for the price of Seventeen thousand seven hundred and fifty
Dollars ($17,750.00) in the event that CONTRACTOR does not remain
in business; ceases, for any reason, to provide the maintenance and
support services it is obligated to render under the terms of the
License granted in this Agreement and has not made adequate
provisions for the continued support of CITY; or otherwise
materially breaches the maintenance and support obligations of this
Agreement. The parties hereby agree that a material breach may
exist under, but not limited to, the following conditions: (a) If
CONTRACTOR does not continue to upgrade and update or convey timely
plans to upgrade or update the product to match the pace of
industry, or (b) If CONTRACTOR decides to migrate the software or
expand the software in a direction that is contrary to CONTRACTOR’s
previous direction and conveyed plans as described in Exhibit "A".
While updates to an existing version will be provided to CITY free
of charge, the CITY understands that any new releases in the future
may require an update fee payable to CONTRACTOR.
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7.4 Prior to CITY’s use of the source code, CITY shall
inform its employees who will use the source code of CITY’s
confidentiality and non-disclosure obligations under this
Agreement.
7.5 CITY shall store the source code in a secure
location, under the control of CITY’s City Clerk, exercising
reasonable care to protect and safeguard all deposits made pursuant
to this Agreement.
SECTION 8.TERM; AMENDMENTS
8.1 The initial term of this Agreement shall commence on
the date of execution of this Agreement by CITY, and shall continue
during the warranty period following the date of final acceptance
by CITY of the Software. The parties may, by mutual agreement,
enter into subsequent agreements for extended maintenance of the
software; provided, that the license granted pursuant to this
agreement shall continue in force during the terms of any
continuing maintenance agreement.
8.2 The parties may, by mutual agreement, amend this
Agreement to provide for additiona! software or services related
hereto.
SECTION 9. TERMINATION
9.1 This Agreement may be terminated by either party
upon thirty (30) days prior written notice if the other party has
materially breached the provisions of this Agreement and has not
cured such breach within such notice period.
9.2 This Agreement may also be terminated by CITY prior
to acceptance of the Product, in accordance with the provisions of
Section 5.
9.3 Upon termination, either party may pursue such
remedies at law or in equity as may be available to it.
9.4 Upon termination, CITY shall return or destroy all
copies of the licensed software.
SECTION i0. INDEMNITY
CONTRACTOR agrees to protect, indemnify, defend and hold
harmless CITY, its Council members, officers, employees and agents
from any and all demands, claims, or liability for injury or death
of any person, or property damage caused by, its officers, agents,
subcontractors or employees, in the performance of its obligations
under this Agreement.
SECTION ii.INSURANCE
ii.i CONTRACTOR, at its sole cost and expense, shall
obtain and maintain, in full force and effect during the term of
this Agreement, the insurance coverage described in Exhibit "D",
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insuring not only CONTRACTOR, but also, with the exception of
workers’ compensation, and employer’s liability insurance, naming
CITY as an additional insured concerning CONTRACTOR’s performance
under this Agreement.
11.2 All insurance coverage required hereunder will
be provided through carriers with B~S~’8 Key Rating Guide ratings
of A:VII or higher which are admitted to transact insurance
business in the State of California. Any and all contractors of
CONTRACTOR retained to perform Services under this Agreement will
6btain and maintain, in full force and effect during the term of
this Agreement, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
11.3 Certificates of such insurance shall be filed
with CITY concurrently with the execution of this Agreement. The
certificates will be subject to the approval of CITY’s risk manager
and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled or altered by the insurer
except after filing with CITY’s City Clerk thirty (30) days’ prior
written notice of such cancellation or alteration, and that the
City of Palo Alto is named as an additional insured except in
policies of workers’ compensation and employer’s liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Agreement with the City
Clerk.
11.4 The procuring of such required policy or
policies of insurance will not be construed to limit CONTRACTOR’s
liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of
insurance, CONTRACTOR will be obligated for the full and tota!
amount of any damage, injury, or loss caused by or directly arising
as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement
is terminated or the term has expired.
SECTION 12. WORKERS’ COMPENSATION
CONTRACTOR, by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every employer to be in~ured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of its obligationsunder the Agreement.
SECTION 13. ASSIGNMENT
CONTRACTOR shall not assign or subcontract the services
to be provided by it under this Agreement, and no assignment of
this Agreement or subcontracting of the services to be provided
under this Agreement or any right or interest therein by CONTRACTOR
shall be effective, without the prior written consent by CITY.of
such assignment or subcontract, which consent will not be
unreasonably withheld. The performance of the Agreement by
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CONTRACTOR is of the essence of the Agreement. In the event of any
assignment or subcontract, CONTRACTOR shall remain primarily liable
for all of its obligations under this Agreement. Notwithstanding
the foregoing, it is the intent and understanding of the parties
that the hardware provided by CONTRACTOR under this Agreement will
be manufactured by other entities, for which CONTRACTOR will
function as reseller.
SECTIQN 14. WAIVER
No waiver of any breach of any term or condition of this
Agreement shall be construed to waive any subsequent breach of the
same or any other term or condition of this Agreement.
SECTION 15, CONFLICT OF INTEREST
15.1 In accepting this Agreement, CONTRACTOR
covenants that it presently has no interest, and will not acquire
any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the
Services.
15.2 CONTRACTOR further covenants that, in the
performance of this Agreement, it will not employ any contractor or
person having such an interest. CONTRACTOR certifies that no
person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision wil! be
interpreted in accordance with the applicable provisions of the
Palo Alto Municipal Code and the Government Code of the State of
California.
SECTION I$. NONDISCRIMINATIQN
16.1 As set forth in the Palo Alto Municipal Code,
no discrimination will be made in the employment of any person
under this Agreement because of the age, race, color, national
origin, ancestry, religion, disability, sexual preference or gender
of that person. If the value of this Agreement is, or may be, five
thousand dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "E"
16.2 CONTRACTOR agrees that each agreement for
services with an independent provider will contain a provision
substantially as follows:
"[Name of Provider] will provide CONTRACTOR
with a certificate stating that [Name of
Provider] is currently in compliance with al!
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the employment of any person under this
agreement because of the age, race, color,
990623 sdl 0032156 1 0
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
16.3 If CONTRACTOR is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Agreement, it will be in
default of this Agreement. Thereupon, CITY will have the power to
cancel or suspend this Agreement, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to acts of
discrimination, as damages for breach of agreement, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Agreement.
16.4 If CONTRACTOR is in default of the
nondiscrimination provisions of this Agreement, CONTRACTOR will be
found in material breach of this Agreement. Thereupon, CITY wil!
have the power to cancel or suspend this Agreement, in whole or in
part, or to deduct from the amount payable to CONTRACTOR the sum of
two hundred fifty dollars ($250) for each calendar day during which
CONTRACTOR is not in compliance with this provision as damages for
breach of agreement, or both.
SECTION 17. FQRCE MAJEURE
The parties will exercise every reasonable effort to meet
their respective obligations hereunder, but either party shal! be
excused from the performance of any of its covenants or agreements
hereunder and such party’s nonperformance shall not be a default or
grounds for termination of this Agreement for any period to the
extent that such party is prevented, hindered or delayed for any
period not in excess of thirty (30) days from performing any of its
covenants or agreements, in whole or in part, as a result of an act
of God, war, civil disturbance, court order, labor dispute or other
cause beyond that party’s reasonable control, including without
limitation, any denial of access to the CITY’s facilities. The
parties hereby agree to use their reasonable efforts to remedy the
effect caused by the occurrence of the event giving rise to a
party’s nonperformance of its covenants or agreements under this
section. The parties agree to provide prompt notice to the other
party to the extent that either party is relying on the provisions
of this Section for its failure to perform any of its covenants or
agreements hereunder.
~ECTION 18. CONFIDENTIALITY
18.1.The parties acknowledge that in the course of
performing the responsibilities under this Agreement, they each may
be exposed to or acquire information that is proprietary to or
confidentia! to the other party or its affiliated companies or
their clients. Any and all information of one party in any form
obtained by the other ~party or its employees, agents or
representatives in the performance of this Agreement shall be
990623 sdl 0032156 ii
deemed to be confidential and proprietary information of such
party. The parties agree to hold such information in strict
confidence and not to copy, reproduce, sell, assign, license,
market, transfer, give or otherwise disclose such information to
third parties or to use such information for any purposes
whatsoever, without the express written permission of the other
party, other than for the provision of services under this
Agreement. The parties agree to advise each of~their employees,
agents, and representatives of their obligations to keep such
information confidential. All such confidential and proprietary
~nformation described herein and any deliverable provided
hereunder, in whatever form, are hereinafter collectively referred
to as "Confidentia! Information." The parties shall use their
reasonable efforts to assist each other in identifying and
preventing any unauthorized use or disclosure of any Confidentia!
Information. Without limitation of the foregoing, the parties
shal! use reasonable efforts to advise each other immediately in
the event that either learns or has reason to believe that any
person~who has had access to Confidential Information has violated
or intends to violate the terms of this Agreement, and will
reasonably cooperate in seeking relief against any such person.
18.2 Notwithstanding the obligations set forth in
Section 18.1, the confidentiality obligations of the parties shall
not extend to information that: is, as of the time of its
disclosure, or thereafter becomes part of the public domain through
a source other than receiving party; was known to the receiving
party as of the time of its disclosure; or is independently
developed by the receiving party; or is subsequently learned from
a third party not under a confidentiality obligation to the
providing party; or is requi~ed to be disclosed pursuant to court
order or government whereupon the receiving party shall provide
notice to the other party prior to such disclosure.
SECTION 19. NOTICES
All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
and to:Manager of Information Technology Services
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONTRACTOR: at the address shown on page one
SECTION 20. MISCELLANEOUS PROVISIONS
20.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the Americans with Disabilities
990623 sdl 0032156 12
Act of 1990, and the Government Code and the Health and Safety Code
of the State of California, relating to access to public buildings
and accommodations for disabled persons, and relating to facilities
for disabled persons. CONTRACTOR will comply with or ensure by its
advice that compliance with such provisions will be effected in the
performance of this Agreement.
20.2 This Agreement will be governed by the laws of
the State of California, excluding its conflicts of law.
20.3 In the event that an action is brought, the
parties agree that trial of such action will be vested exclusively
in the state courts of California or in the United States District
Court for the Northern District of California in the County of
Santa Clara, State of California.
20.4 The prevailing party in any action brought to
enforce the provisions of this Agreement may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
20.5 If a court of competent jurisdiction finds or
rules that any provision of this Agreement or any amendment thereto
is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and
effect.
20.6 All exhibits referred to in this Agreement and
any addenda, appendices, attachments, and schedules which, from
time to time, may be referred to in any duly executed amendment
hereto are by such reference incorporated in this Agreement and
will be deemed to be a part of this Agreement.
20.7 This Agreement may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
20.8 This document represents the entire and
integrated agreement between the parties and supersedes all prior
negotiations, representations, and contracts, either written or
oral. If CITY is required to sign an order form or other
preprinted document from CONTRACTOR, the parties understand and
agree that to the extent of any conflict between such other form or
document and this document, this document shall prevail. This
document may be amended only by a written instrument, which is
signed by the parties.
//
//
/!
!/
//
990623 sd] 0032156 13
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Administrative
Services
Director of Planning and
Community Environment
Mayor
OPENDATA SYSTEMS, INC.
Name:
Title
Taxpayer Identification No.
68-0169115
Insurance Review (Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is~a corporation.
In the alternative, a certified corporate
resolution attesting to the signatory
authority of the individuals signing in
their respective capacities is acceptable)
Attachments:
EXHIBIT "A": Proposal
EXHIBIT ~A-I": Scope of Work
EXHIBIT "B":Costs
EXHIBIT ~C":Schedule
EXHIBIT "D":Insurance Requirements
EXHIBIT "E":Nondiscrimination Compliance Form
990623 sdl 0032156 14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
) ss.
COUNTY OF ~-</~-~-; )
~ ,1999, before
a Notary P’.ic in and for said County ~nd State, personally
appeared ~, personally known to me
or proved the basis of satisfactory evidence to be the
person!~ whose name~s~ is/are-subscribed to the within instrument
and acknowledged to me that he/~/they executed the same in
his/her/thei~ authorized capacity(ia4~), and that by his/~er--~r
signature(s~ on the instrument the person~s¢, or the entity upon
behalf of which the person~sJ acted, executed the instrument.
WITNESS my hand and official seal.
S~gnature of Notary Public
990623 sdl 0032156
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
a Notary Pt4~51ic in and for said County ~nd State, personally
appeared ~ ~/~5~ ~~ , personally known to me
or proved to me o~ the basis of satisfactory evidence to be the
person(s~ whose name(~) is/a-~e subscribed to the within instrument
and acknowledged to me that he/sAe~4~ey executed the same in
his/~r~e~-~authorized capacity(.ia4~), and that by his/~
signature(~ on the instrument the person(p), or the entity upon
behalf of which the person(s@ acted, executed the instrument.
WITNESS my hand and official seal.
Si!gnature of Notary Public
~ Comm~ion# 1191283 ~
990623 sdl 0032156
EXHIBIT "A"
EXCERPT OF ENTIRE PROPOSAL, WHICH IS
ON FILE IN THE IT OFFICE
OpenData Systems, Inc.
5900 Hollis Street, Suite G, Emeryville, CA 94608 510-655-6022 Fax 510-655-6019 http://www.OpenDalaSystems.com
PERMIT INFORMATION
TRACKING SYSTEM PROPOSAL
Prepared for the
City of Palo Alto, California
l;ebrunr~ 23, 1999
OpenData Systems, Inc.
5900 Hollis Street, Suite G, Emeryvilte, CA 94608 510-655-6022 Fax 510-655-6019 http:flwww.OpenDataSystems.com
February 22, 1999
City of Palo Alto
Purchasing and Contract Administration
First Floor, Civic Center
250 Hamilton Avenue
Palo Alto, California 94301
Re: City of Palo Alto Permit Tracking System Proposal - RFP #113126
Dear Members of the Selection Committee:
OpenData Systems is pleased to submit this Proposal based on the various
requirements noted in your Request for Proposal. As one of the leading vendors in this
area of governmental permitting software systems we take pleasure in submitting our
qualifications in support of our consideration for selection.
With a multitude of installed permitting sites throughout the United States, ranging in
size from the largest municipal permitting department in the United States to small and
medium sized organizations, we will provide our extensive expertise gathered from our
over eleven year history of implementing such systems to building, planning, code
enforcement and related departments of city and county agencies.
There are special aspects pertinent to our particular Proposal we would like to point out
which we believe are important and unique criteria as you begin the review and
evaluation of this Proposal. They are as follows:
Close Proximity to City of Palo Alto: With our headquarters offices located in
Emeryville your implementation will be given high priority due to the close proximity we
share with your City offices. This will afford Us great opportunities of scheduling
meetings with you and your users whenever necessary during our implementation. As a
neighbor client of our company, the City wilt be afforded the highest consideration of
service and attention.
Open Architecture of the OpenData Enterprise-wide Software System: The City of
Palo Alto has defined a highly automated framework for doing business and serving the
needs of its clientele. This is driven by the need to render the highest service level
possible to the community and the fact that Palo Alto is centric t6 automation taking
place at both public and non-public companies and institutions in the area. The
OpenData System has been specifically developed to interface with a host of additional
technologies which the City will want to include over time. With an enterprise-wide
system, the OpenData System software will be the backbone to other technologies the
City desires to bring in over time and hence provide for the centralization and sharing of
information within its departments and to the public at large.
February 22, 1999, City of Palo Alto, page two
Status and Permitting Capabilities on the Internet: To participate with you in your
goal to expand the services you provide your constituents, we have chosen to provide
as additional software options, modules which will accomplish your goals of Internet
service to the public. These products will vastly increase the level of service to your
clients as well as assist the City in making better use of its existing resources.
In addition to these special considerations, the OpenData System offers the City an
effective mechanism for meeting its goals and objectives of information integration,
expanded functionality, and setting a City-wide standard of information technology.
These are inherent capabilities of the OpenData System and we would be pleased to
demonstrate these important capabilities to your satisfaction.
Under an implemented OpenData System at the City, inter-departmental processes will
be unified in a structured way providing for linkage between the departments envisioned
for integration under this implementation as well as others in the future. We anticipate
that as the ease and advantage of information sharing becomes evident that this initial
implementation will pave the way for other departments to also join in these benefits..
It is also important to note that OpenData Systems and ECI Information Technology will
be forming a major business alliance for your implementation. Under a team approach,
we will be creating an integration of our system with the ECI SpatialENTERPRISE
software for handling spatial data and for document management using Windows NT,
Windows 95 and a 32-bit web browser interface.
In summary, we believe that the OpenData Systems offers the City a series of unique
advantages in the City’s migration to more automated systems for processing its work.
We would be very pleased to demonstrate the capabilities and functionalities we have
remunerated through this Proposal with the members of your Selection Committee.
We remain available for this demonstration at your convenience and in responding to
any inquiries you may have in anticipation of this interview. Please do not hesitate in
calling me or Ho Wing Sit, president and CEO of our company with any questions or
comments.
We look forward to this important implementation at the City of Palo Alto and have
assembled the appropriate resources to meet your operational and time-constrained
deadlines.
Respectfully submitted,
Julian D. Mu~oz, A.I.A.
Vice President
( ’it.’," ~1" Pah~ Aim Openl)a~a Systen’~ Proposal
I)crnut Inh)rmamm Tracking Sy~cm February 23, 1999
Executive Summary
Introduction
OpcnData Systems will provide the City of Palo Alto with a fully integrated Permit and Inspection System
that meets the City’s needs completely. All mandatory requirements stated in the RFP are met within each
of the OpenData Systems modules proposed. Each OpenData Systems" module is also seamlessly
integrated with all other modules. The OpenData System is platform and operating system independent as
well as database interoperable. This ’,,,’ill afford the City a unique method of providing user access to
valuable data across the enterprise. Different departments within the City can communicate with one
another simply and effectively.
OpenData Systems will work with the City in a partnership role to develop an implementation plan that will
guarantee success. OpenData Systems offers the City the advantages of an advanced suite of modules and
solutions that integrate with a host of other technologies such as the lnternet, IVR. GIS, document imaging.
mobile field devices, as well as other emerging technologies. As an enterprise-wide software system, the
OpenData System can be viewed as the backbone to other systems under a single umbrella.
The Compan.v and Its Mission
With over 90 software system installations at municipal and county governments nationwide, OpenData
Systems is the technology leader in bringing forth credible, functional and open systems for public
agencies. The company has concentrated its efforts exclusively in the area of permit tracking systems for
building, planning, code enforcement, environmental management, community development, public works.
accounting, assessor, public safety, and related departments. All software modules are developed from an
integrated information management perspective.
Over the years. OpenData systems has established a number of industry alliances with major database and
hardware companies, as a means of ensuring that its products meet industry standards, and, more
importantly, as a means to keep abreast with industry advancements that have yet to be launched. Of great
significance to this proposed project with the City of Palo Alto is the business alliance of OpenData
Systems with ECI Information Technology. The OpenData System will be tightly integrated to the ECI
SpatialENTERPRISE software for handling spatial data and for managing documents, using WinNT/95 and
32-bit browser interface.
It is clear that local governments throughout the United States are under pressure to control costs, assume
accountability, and expand their ser.vices to meet an ever-demanding public. Only a few years ago,
Requests for Proposals from planning and building departments focused mainly on solutions to solve the
problems of their individual departments. Today, the trend is toward data integration, and the sharing of
information across different departments, different databases, and different hardware platforms.
OpenData Systems forecast this trend six .’,’ears ago. and began building its software systems to incorporate
these multi-use functions in products that are rooted in what is called "open architecture.’" The OpenData
system has broken down the artificial barriers between the various systems to create a unique system,
capable of interacting with nearly 100 different hardware platforms (Aviion, Hewlett-Packard, IBM, Sun,
etc.), and with over ten of the most popular database systems (e.g., Oracle, Sybase. Informix) used by
governmental agencies.
Besides making functional and procedural advances in the way building, planning, and related departments
transact their business, OpenData Systems has built its products to provide links to Geographic Information
Systems IGIS). and document imaging systems. This specific development is one example of how
OpenData Svstems has structured its design and development of software systems to ensure compatibility
with other systems.
City (ff Palo
I’¢rrni= Informatmn Tracking System
OpcnDaL~ Systcrn~ Proposal
February 23, 1999
Main Featurcs of Proposal
For the City of Palo Alto, we are proposing the use of our most advanced Windows-based SQL software
system. This system will support the City’s chosen standard for all future information system acquisitions.
Described as a "’client-server’" environment, this is the standard supported by the OpenData system, and the
system is replete with features that other vendor systems have yet to develop.
We recommend that the City endeavor to automate as many of its departmental activities as possible for an
integrated solution. The OpenData system has the capability to dea! with the many procedural and
functional problems that commonly exist in all city and county governments, regardless of size. As your
permit int’ormation system contractor, we will work with .’,’our staff in seeing you through this seemingly
complicated array of options.
Our responses, based on the functions of our existing software system, clearly demonstrate that the
OpenData system will fully address your needs without the high costs of full customization and redesign.
The OpenData system is fully ready for implementation at this time. Our installation is aimed at tuning the
OpenData system to meet those City requirements noted in the RFP.
To give a full description of the extensive functions contained in the OpenData system is beyond the scope
of this Executive Summary. but a listing of the selected functions would highlight for the reader the
immense capabilities of the system. The following list is a mere sampling of the functions that now exist in
the OpenData system:
View the status of a given application or petition immediately
o View which individua! and/or department is currently reviewing a given permit or application and how
long it has been at that location
Provide automatic routing of applications and to allow users to override routing stops
¯Notify users of expired licenses, insurance policies, etc.. of contractors, architects or other service
organizations
°Interface with many types of GIS systems in the market today
o Interface with many types of document imaging systems
o Allow searches to be conducted 1~2,, users on every field even if they cannot insert the entire name, title,
or word that they are searching for
°Maintain on-line information about properties, buildings, owners, contractors, tenants, etc.
o Automat~ fee calculations and to reconcile payment to specific accounts through its built-in cashiering
system
¯Accept various forms of payment, including credit and debit cards
°Provide responses to ad hoc queries both on screen and to the printer
Track all project histories beginning v,’ith raw land without addresses
o Verify that all required information, fees, etc.. has been received before allowing, permits to be issued
(’tly ~1" Palo Alto OpcnDaL~ Systcrr~ Proposal
I’,:rrnil Inforrna=mn Tracking Sys=crn February 23. 1990
Create standard and ad hoc reports based on multiple search parameters for management purposes
Automate inspection scheduling via touch-tone telephone.
Proiect Management Approach
OpcnData Systems recognizes that all cities have unique methods of accomplishing their day-to-day
activities. Our initial work on system implementation is aimed at obtaining such input from the City in the
first phase of our work together. This first phase of consultation will improve understanding of your
requirements and to develop them into a set of detailed specifications. We will also bring to the table our
vast experience from working with a multitude of agencies, both large and small. With such cooperation,
we can tailor the OpenData system to meet the City’s current, as well as future permitting needs.
The staff assigned to this project is fully capable of bringing together the culminating benefits of an
excellent soRware system and a highly experienced team. Our broad-based approach comprises needs
analysis, technical integration, database design, hardware compatibility, user-acceptance criteria,
performance, management tools, accountability, testing and many other aspects.
Our Project Manager will be Julian Mufioz. A.I.A., an architect v,’ho served for 15 years as principal of
Group 4/Architecture, Research and Planning. Inc., a Peninsula-based architectural and planning firm
catering exclusively to the public sector. This background is extremely valuable to permit tracking software
implementation projects. Besides overall project management responsibilities, he will be responsible for the
needs analysis portion of this Project with the City of Palo Alto. As a former college professor, Mr. Mufioz
is an excellent trainer and teacher, and he has the innate ability of working with people to achieve desired
goals.
OpenData Systems ,,viii also call upon the expertise of other individuals within the company at prescribed
times to perform such functions as analysis, design, development and implementation. Besides being highly
technical, our company representatives are also very personable and energetic. They will be fully
responsive to your overall needs. We will maintain a close working relationship with you, and we expect
our communications for day-to-day and status reporting to be efficient and effective.
OpenData Systems will ensure that we will deliver products of the highest quality. Testing of software
procedures is a vitally important element of any softv,’are implementation program. We will work with your
staff so that specific procedures proposed by OpenData Systems will meet with the City’s apRroval.
Our proposed schedule has incorporated the completion of various requirements, and the administrative
overview and acceptance reviews required by the City. Well before our on-site installation, users will
already have a great degree of familiarity with the OpenData system. Before final installation, we will have
provided users v.’ith a working version of our existing software, so that they can test the "look and feel" of
the system, and propose changes to the existing functionality. We find that this early "implementation"
makes users feel integrated to the design of the system. Seeing their suggestions or comments being
incorporated into the software design during these early stages is a proven way of assuring success later on
in the implementation process and beyond.
Our training version of the softv,’are system, like all other versions, is unique in that it incorporates an
active Video Tutorial. This tutorial essentially mimics all functional aspects of the actual system, and is
instantly accessible from any point in the system. The OpenData Tutorial is one of many tools we have
structured to help users navigate through the system. This Tutorial system is accessible at any point within
the system and is always handy whenever the user needs help.
City of Palo Al~o
P~rmi! Information Tr~¢kin~ System
OpcnD=m Syslcms Proposal
Fcbruary 23. 1999
Conclusion
We trust that this summary of our experience and kno~vledge will indicate to you our company’s proven
ability to complete the Project’s Scope of work within yt~ur prescribed deadlines. We ask that you examine
the various sections of the Proposal to determine the applicability of" the OpenData system to your specific
needs and overall goals. We remain available for a personal demonstration of our unique system.
EXHIBIT "A-I"
PA_Phasl Projlnit03.doc - Last Updated 990618
Project Initiation - PreoLicense and Phase 1
City of Palo Alto
Implementation of the OpenData System
OpenData Systems Page 1 of 9 Palo Alto Project Initiation
1 Executive Summary
The City of Palo Alto (the Agency) has selected the OpenData System for implementation of a Permit Information
Tracking System. The OpenData System is highly configurable by design, requiring a great deal of input from the
Agency in order to be successfully implemented.
This Project Initiation Document will capture high level goals and objectives for the project; roles and
responsibilities of the various team members participating in the effort; the manner in which OpenData Systems and
the Agency will interact for the duration of the project; the major tasks and deliverables needing to be accomplished;
,and expected recurring meetings for purposes of progress reporting, analysis, training etc.
2 Project Definition
2.1 Goals and Objectives
2.2 Anticipated Benefits
2.3 Project Scope and Phases
The Implementation effort primarily focuses on business analysis and configuration, during which time data
is gathered and entered into the system’s Control Data Tables. Following is a description of the functional
areas that are covered in implementation. For detailed descriptions of the applications and screens that are
included with the system, please see user manuals that have been provided separately.
2.3.1
2.3.2
Overall App.roach
The success of any permit system implementation is completely dependent on the willingness,
availability, and capability of City staff. OpenData Systems staff will provide technical assistance,
documentation, analysis and facilitation to ensure that the project stays on track. In order to
maximize the time available for implementation, OpenData Systems has developed a unique
approach.
With most systems, implementation takes the form of requirements gathering, followed by a
development phase where the vendor’s technical specialists configure and customize program
code. Due to OpenData’s data-driven system design, configuration of the system can largely be
done by business users. This has the advantage that the City’s staff comes to understand the inner
workings of the system.
OpenData Systems will work directly with designated business and IT staff to analyze
requirements and directly configure the system using specially developed administration screens.
Users will see the system functionality take shape early, during the analysis period, rather than
waiting until the end of a lengthy configuration. As their confidence with the system grows, users
can make required changes themselves. Adding configuration data directly in the system usually
takes less time then it would take to communicate the request to ODS. Thus the City saves time,
and ODS can focus time on tasks that truly add value for the City, instead of inputting simple
requests into the system.
NOTE: data values can also be uploaded to the system in batch, if available in electronic form. For
example, conditions, standard comments, and inspection types may already be maintained by the
City in electronic format. In these cases, OpenData Systems will provide an Excel template for
data submittal: the City will be responsible to provide data in that format and ODS will create
scripts for loading. If repeated loading of the same data should be required, ODS will train City
staff to perform the script creation and upload.
Pre-License and Phase I
The Pre-License portion of work commences OpenData Systems’s formal work with the City and
is intended to be a subset of the beginning activities of the overall project under Phase 1.
OpenData Systems Page 2 of 9 Palo Alto Project Initiation
Phase I is dedicated to solving Y2K issues with Palo Alto’s current permitting systems. The Pre-
License Phase and Phase I includes Building and Inspection implementation only, data conversion
for those modules, and interfaces to GIS (for addressing), Banner (CIS), and WAS (Accounting).
2.3.2.1 BuildTech (Building Permit Module)
2.3.2.1.1 Organization
Define the organizational structure of the Building department, and add users. ODS will
provide analysis and training, and assist with data entry.
2.3,2.1.2 Application Types
Define building permit types and other items that will be tracked in the system. ODS will
provide analysis and training, and assist with data entry.
Group
Type
SubType
Category
2.3.2.1.3 Application Numbers
Separate application numbers are created for each application type. ODS will assist the
City in determining the most useful numbering scheme, and will configure the application
numbers. Optionally, City staff can be trained on the creation of application numbers.
2.3.2.1.4 One over-the-counter workflow, one long workflow
The extensive features available in OpenData Systems’ workflow engine allow for very
flexible process definitions. This in turn will allow the City to handle all Building
applications with only two processes, which reduces maintenance overhead. ODS will
provide facilitated processengineering, training, and assistance with workflow creation.
The City may also, at their option, create additional processes if so desired.
For more information about the Intelligent Process Manager, see Appendix B in this
document.
2.3.2.1.5 Fees
Entry of fees in the system can be very simple or very complex, depending on City
ordinances and the users’ requirements. The OpenData System is able to accommodate
almost any fee structure by way of custom programming if needed. However, many
seemingly complex fees can be reduced to far simpler and more maintainable structures
by way of careful analysis.
OpenData Systems will provide analysis, training, and assistance with data entry. The
following areas will be configured:
Fee Groups
Fee Codes
Revenue Accounts
Descriptions
Fee Periods
Fee Calculations
Deposit Account Usage
2.3.2.1.6 Checklist
This is an optional ’reminder list’ area of the system. OpenData Systems will provide
guidance on optimal use, analysis, training, and assistance with data entry.
2.3.2.1.7 Conditions
Define conditions to be applied by the Building department, both for use on Building
permits and also for reviewing permits referred from other departments. OpenData
Systems will provide guidance on optimal use, analysis, training, and assistance with
data entry.
2.3.2.1.8 Standard Comments
Define and input the standard comments library. OpenData Systems will provide
guidance on optimal use, analysis, training, and assistance with data entry.
2.3.2.1.9 Additional Application Attributes
Optional area that allows the City an unlimited number of user-defined fields. OpenData
Systems will provide guidance on optimal use, analysis, training, and assistance with
data entry.
2.3.2.1.10 One Building Permit Form
OpenData Systems Page 3 of 9 Palo Alto Project Initiation
2.4
2.3.2.2
2.3.2.3
2.3.2.4
2.3.2.5
Standard with the system, ODS provides one Building Permit form. ODS will work with
users to define the layout, data elements, and formatting of the permit.
2.3.2.1.11 Standard reports
Standard Building reports will be delivered during the analysis phase, to let users see the
output they’ll be getting from the system.
InspecTech (Inspection Module)
Most of the Control Data required for Inspection are entered as part of the Building
module. The Inspection module accesses applications created in the Building (or other)
modules in order to process the Inspection tasks, provide clearances, etc.
2.3.2.2.1 Organization
Define the organizational structure of the Inspection department, and add users. ODS
will provide analysis and training, and assist with data entry.
2.3.2.2.2 Stop Work Notice (under Building or Inspection, City’s choice)
Special application type used for Construction Without a Permit.
2.3.2.2.3 Inspection Types
Define the Inspection Types required in the system. ODS will provide analysis and
training, and assist with data entry. If inspection types are available in electronic form,
ODS will provide a template to be used by the City for properly formatting the data for
batch upload.
2.3.2.2.4 Two Standard Letters (as defined by City Staff)
Define the most commonly used documents, and develop a mail-merge type printout.
Used for things like a stop work notice, inspection report, etc.
2.3.2.2.5 Standard Reports
Standard Inspection reports will be delivered during the analysis phase, to let users see
the output they’ll be getting from the system.
Interfaces
2.3.2.3.1 Banner / ClS
The Banner / CIS interface will consist of a user-initiated query used to write out a text
file in a format defined by the City, which can be imported into the Banner system
2.3.2.3.2 IFAS
The IFAS / Finance interface will consist of user-initiated queries that write out text files
in a format defined by the City, which can be imported into the IFAS system. This.
interface is more sophisticated than the one envisioned for Banner.
2.3.2.3.3 GIS Address Lookup
The GIS interface proposed is only for address lookup. The City, in conjunction with their
consultant Geodesy, will provide views or replicated tables in the exact format required
by the OpenData System such that these views / tables can be used in place of the ODS
LandTech module. ODS will provide table definitions, create database links, and test the
system.
Data Conversion
OpenData Systems will provide data conversion services as outlined in the contract under
Phase 1. Under this plan, OpenData Systems will develop a data mapping specification,
builds the interface files, and load the data. The City will assist in each of these processes.
Reports
OpenData Systems wilt provide standard system templates for reports. Modifications to
reports will be done as part of system configuration up to the number of hours specified in
the contract.
Out of Scope
I .mplementation services are provided on an hourly basis; the City may request assistance with any tasks that
are deemed necessary. In Scope vs Out Of Scope evaluations are in large part a determination of how the City
wishes to apply available resources. However, in order to ensure success with the project, within the number
of hours specified. OpenData Systems recommends the approach outlined above.
Overall system functionality is constantly being enhanced. The City’s requests for specialized functionality
will be tracked, and may be incorporated in future revisions at the discretion of OpenData Systems. System
enhancements deemed necessary by the City will be incorporated upon issuance of a change order, subject to
OpenData Systems Page 4 of 9 Palo Alto Project Initiation
budget and time constraints. ODS will strive to make enhancements a part of the core product, rather than
customizations, to simplify future upgrades for the City.
3 Terminology
Control Data
Validation Data
.......=l’ransaction Data
This is one part of what we frequently call Reference Data. It’s used to control the behavior of
our system - I.e. workflow processes, application types, fees, constants used for drop-down
menus, etc.
This is the other part of our reference data. It’s used to validate entries, or to populate data. It
includes Parcel, Address, Owner, Contractors, etc. Some validation data is entered as part of
a city’s daily processes, depending on what their data sources are. For example, contractor
data in Milpitas is entered as part of the business license application process. In Puerto Rico
parcel / address / owner data is not pre-populated, and must be entered for every new permit
application.
Data entered as part of normal business processing. Includes permits, complaints, iee entdes,
payments.
4 The Team
4.1 OpenData Systems
OpenData Systems has designated two individuals with primary responsibility to the City of Palo Alto
project. In addition, certain technical tasks will be performed on-site by application engineers. ODS also
performs a great deal of work remotely from the ODS offices - technical support, systems and database
administration, user documentation, design and programming.
4.1.1 Julian Munoz, Principal-in-Charge and Allan Greenstein, Project Manager
Allen Greenstein will have overall responsibility for the ODS implementation effort.
4.1.1.1 Responsibilities
Maintain the master project schedule
Provide status reporting
Define and track items which ODS needs from the Agency for successful
implementation
Post-implementation review and final customer signoff
4.1.1.2 Deliverables
-Project Initiation Document
-Project Schedule
-Customer Action Item / Task List:
Business Decisions List: policy decisions, data loading, other issues affecting the
implementation
Status reports to the Agency
4.1.2 Benjamin Wai, Technical Project Manager
Benjamin Wai will be responsible for technology deliveries to the Agency and will be assisted by
Angela Gooder and/or other qualified OpenData Systems staff personnel.
4.1.2.1 Responsibilities
Analyze business processes, derive optimum ways to implement the business
needs using OpenData Systems features
Conduct the fit analysis, to identify functionality needing to be added to the core
ODS system. Review design documentation with the project team to ensure high-
quality solutions.
Identify change requests and other activities that are outside the scope of the
contract, which may be needed by the Agency.
OpenData Systems Page 5 of 9 Palo Alto Project Initiation
4.2
4.1.2.2
Facilitate customer data collection meetings.
Detailed tracking of ODS tasks
Train Agency personnel for compiling Control Data
Document requirements for data migration, and for Validation Data loading
Deliverables
Fit Analysis
Requirements Specifications
Release Schedule: software release dates and the functionality that will be
available in each release
ODS Task tracking sheet
Agency Roles and Responsibilities
Roles and Responsibilities will be documented in Project_sheet.xls.
Due to the very aggressive timeline for the City of Palo Alto implementation, it is critical that enough Agency
personnel are committed to the project. The project team will need to make high quality decisions in a very
short timeframe. Project team members must have the authority to make decisions within their area of
responsibility, and they also must take on the task of attaining buy-in from the other people that they
represent. Nothing will delay an implementation more than having to re-visit decisions over and over again.
Of primary importance are the people providing leadership for a subject matter area, such as Planning. They
must gather information, compile it into a format that is compatible with the OpenData System, review
system capabilities, and provide consolidated feedback based on review with other business experts in their
area.
Some responsibilities may lie not with an individual, but with a project steering committee.
4,2,1 Recommended Roles
As a starting point for populating the table of responsibilities / people, ODS recommends the
following roles. Depending on a person’s overall time commitment to the project, they may be
able to take on more than one role, or they may be able to fill the role for more than one functional
area. Generally there will be one person for each role for the duration of the project, except for
Subject Matter Leads, where there should be one person (at least) from each functional area.
4.2,1.1 Project Manager
Coordinates activities of the Agency project team members. Secures resources required
by ODS for project implementation. Signs off on deliverables and invoices. Ensures
commitment of Agency team members.
4.2.1.2 Systems Administrator
Design, build and maintain the network and computer systems which are the infrastructure
for the ODS system. This involves desktop, server, router etc. If the implementation will be
using the internet (i.e. PermitWeb), an in-depth understanding of firewalls and intemet
security is essential.
4.2.1.3 Database Administrator
Install, tune, backup and maintain the database used by the ODS system. Either the DBA
or the Sysadmin will also need to be familiar with web servers if the Agency is
implementing PermitWeb.
4.2.1.4 Business Analyst
This person supports the business functions by gaining in-depth knowledge of the ODS
system from a user and administrator perspective, in particular working with control data.
ODS trains this person on creating application types, processes, and other control data
types. The business analyst in turn trains and assists the business experts, ensuring that
the system meets their needs. Learns the functions in the ODS Administration menu and
is able to help other users modify control data.
4.2.1.5 Subject Matter Lead
The Subject Matter Lead represents the end-user community for a particular function.
Typically there will be a lead for Planning, one for Building, etc. They are responsible for
OpenData Systems Page 6 of 9 Palo Alto Project Initiation
5
4.2.1.6
forming their own project team of business experts from within their area, obtaining input
from their project team, and consolidating it for presentation to the core SOLIS project
team. They must review all deliverables that will impact their area with their project team,
to ensure that the final product will meet their users’ requirements.
Recommend having separate Subject Matter Lead for each functional area.
Backfill Positions
These temporary / contract workers are NOT part of the project team; they are mentioned
here because of the need to offload team members’ regular workload so they are able to
spend enough time on the project. It’s important to secure and train people well in
advance so that they’re able to perform the required tasks. Even personnel who have very
specialized jobs may benefit from assistance for clerical or other routine tasks. This is
especially cdtical during the time immediately before and after go-live. It is always
recommended to run the old systems in parallel with new systems for a period of two to
four weeks, which amounts to double entry of all data.
Work Processes
Recurring Meetings
5.1.1 Core Project Team
Purpose: Progress review, task assignments, deliveries
Attendees:
Schedule:
5.1.2 Steering Committee
Purpose: Project status, policy decisions, major project decisions
5.1.3 Working Sessions
5.2
5.3
5.4
5.5
Task Assignments
5.2.1 Work To Be Performed By ODS
How will the Agency communicate task assignments to ODS?
5.2.2 Work To Be Performed By The Agency
How will ODS communicate task assignments to Agency members?
Deliveries
5.3.1 Work Delivered By ODS
How will ODS deliver work product - project plans, analysis documents, software, data loading -
to the Agency?
5.3.2 Work Delivered By The Agency
How ,,,,’ill the Agency deliver work product required by ODS - control data, existing forms, report
requirements?
Review Process
How will work product delivered by ODS be reviewed by the Agency?
Signoff Process
How will work product delivered by ODS be signed off by’ the Agency?
OpenData Systems Page 7 of 9 Palo Alto Project Initiation
5.6
5.7
Project Tracking
Project_Sheet.xls and Status_Sheet.xls
Communication
Communication to the project team will typically occur via email. Due to problems the Agency has with
receiving email attachments, files may be copied to the following ftp site: IP address t99.33.32. I, PUBLIC
directory, PERMIT subdirectory.
¯ 6 Contract Review
7
It is important to note that many of OpenData Systems’ obligations in the contract are limited to a set number
of hours. This includes data gathering, data loading, process engineering, training, and business analysis. This
has the effect of reducing overall implementation cost to the Agency. However, it also places more
responsibility on the Agency to learn and understand the system, and to provide decisions that will not be
reversed. ODS wishes to empower the Agency for flexibility and changes. If needed, ODS can allocate more
resources, at our standard hourly rate, if Agency personnel are not available. However, we feel it is in the
Agency’s best interest to commit the resources that will allow them to maintain the system on their own.
Schedule and Milestone Review
Only high level milestones will be captured in this document; a separate project plan is maintained with full
detail.
8 Project Kickoff
Meeting with the full project team, presenting completed Project Initiation, and review of Implementation
Methodology.
9 Appendix A: Project Equipment and Software Needs
Agency Team Members will need to be able to
review deliverables, and also produce work
product.
Meeting Facility: for project status meetings,
require a room large enough for the entire team.
For working meetings, need space for up to 8
people.
Office space for ODS - require 2-3 workspaces
Microsoft Office 97
Facility with network connections,
projection system for computer, large
whiteboard, speaker phone
Network connection, phone, desk A medium-size room would be
preferable to having three
separate small workspaces.
This will facilitate small group
meetings and training sessions.
Test Server facility Space for a small NT server, with analog Not needed if an appropriate
phone connection for remote dial-in server is already available in
the City
Server HW PC Anywhere either on the server, or on Remote network access may
a system that has ODS client installed be used in conjunction with PC
and is accessible to ODS Anywhere, if the Agency
prefers not to have direct dial-in
to a PC
Project Leader schedule reviews MS Project
File storage space on a shared network drive.
Used to store application and other files.
ODS recommends creating two
subdirectories, one for Test and
one for Production. These
directories are shared for users
to launch the application, to
distribute files (user manuals,
OpenData Systems Page 8 of 9 Palo Alto Project Initiation
other documentation), and for
installation programs. Typically
need around 100 MB or more
over the duration of a project,
depending on how files are
archived.
10 Appendix B: Product Features
10.1 Intelligent Process Manager
The Intelligent Process Manager is a data-driven workflow engine that provides enormous flexibility in
defining business processes. Workflow definitions include organization data for routing and assigning
privileges, options for branching, looping, and parallel task execution. A process can contain virtually
unlimited task assignments, each of which can have multiple status dispositions. Comments can be attached
to tasks as well as status descriptions.
10.1.1 Tasks
10.1.2
10.1.3
A workflow can contain as many task as are needed. Each task can be assigned to a workgroup,
and privileges can be granted which limit the number of users who are able to modify the task.
Tasks can have as many status dispositions as needed. Based on attributes set for these
dispositions, workflow routing is determined.
Routing
Tasks can have workgroups pre-assigned, or assignments can be made during workflow execution.
Movement from one task to the next is determined by processes which users can define.
Parallel Tasks
10.1.4
10.1.5
Tasks can be set to execute in parallel. Using this option, al! parallel tasks must be complete
before the next task can be activated. This feature is frequently used to coordinate review activity
among multiple departments, to ensure that all reviews are complete before the next task is begun.
Branching
At decision points, completely different processes can be taken based on the user’s selection of a
task disposition. For example, if an application is rejected a different task is activated than if the
application is approved.
Looping
Any set of tasks can be repeated based on the selection of a disposition. A common use is to
capture repeated plan checks; a reviewer may reject an application several times before the
applicant is able to produce acceptable plans. The loop may contain any number of tasks, along
with branches and parallel tasks as needed.
OpenData Systems Page 9 of 9 Palo Alto Project Initiation
EXHIBIT B
Project and Delivery Payment Timeline
1.Payment Summary
Payment will be made based on seven identified deliverables up to completion, delivery, and acceptance
of Phase I of a working Permit Tracking application for the City of Palo Alto. The identified milestones
and payment amounts are the following:
Item
1
2
3
4
5
6
7
Milestone Description
Initial contract agreement and sig~aature from Open Data
Systems
Provisioning of Client and Server software
Fit and Business Analysis
Configuration Setup,Customization
Data Conversion
Training (General Users, System Administrator)
Delivery, installation and acceptance of custom interfaces
(GIS, CIS, IFAS)
Technical support/Maintenance
Completion and acceptance of Permit Tracking - Phase I
Total
Payment
$10,o00
$12,245
$12,750
$10,625
$34,000
$9,350
$15,000
$17,750
$26,805
$148,525
Paid Upon
Project Initiation
Installation
Percent complete
Percent complete
Percent complete
Percent complete
Percent complete
System acceptance
System acceptance
2.Contract Performance Incentive
Because the City’s existing utility billing system is not Y2K compliant, it is imperative that the
milestones for system implementation and acceptance be met in a timely manner. Earlier
implementation of these systems will decrease the risk exposure to the City. Therefore, CITY will pay
to CONTRACTOR a performance incentive payment in the amount of $7,430 (approximately 5% of
total compensation) for completion and final acceptance of Phase I of the Permit Information Tracking
system milestones thirty days or more prior to the mutually agreed upon project completion (Permit
System Go Live) date of November 30, 1999.
PHASE 1 FINAL CONTRACT PRICING - PHASE 1
1.0 LICENSING & IMPLEMENTATION FEES FOR THE OPENDATA SYSTEMS
1.1 Module License for Client/Workstations for 35 Concurrent Users
BUILDTECH for CLIENT []
PLANTECH for CLIENT []
CODETECH for CLIENT []
INSPECTECH for CLIENT []
WORKTECH for CLIENT []
LAN DTECH for CLIENT []
GEOTECH for CLIENT []
IMAGETECH for CLIENT []
VOICErECH for CLIENT []
MOBILETECH for CLIENT []
BIZ’TECH for CLIENT []
CASHTECH for CLIENT []
FUNDTECH for CLIENT []
PERMITWEB for CLIENT []
TOTAL Regular pnc~ per addib~J seaUmoclule $1,500.00 per seat per module 49,000.00
S 49,000.00
Module License for Server
BUILDTECH for SERVER r~
PLANTECH for SERVER []
CODETECH for SERVER []
INSPECTECH for SERVER [~1
WORKTECH for SERVER []
LANDTECH for SERVER []
GEOTECH for SERVER []
IMAGETECH for SERVER []
VOICETECH for SERVER []
MOBILETECH for SERVER []
BIZTECH for SERVER []
CASHTECH for SERVER []
FUNDTECH for SERVER []
PERMITWEB for SERVER []
TOTAL $ 32,000.00
1.3
1.4
Installation
License pricing includes ini~al installation.
Documentation, Tutorial Software & Materials
OpenData Systems witl supply 1 electronic copy each of User Manual and Database Administration documentation.
OpenData Systems also has an extensive On-Line Video Tutodal software systems that will be used throughout.
the design, training, and actual use process. The tutorial system is offered free with the pumhase of the software.
1.5 {’Project Implementation Rate/Hr Hrs Total
1.51{’~ii’& Business Analysis $150.00 100 $15,000.00
1.52 IConfiguration Setup & Customization $125.00 100 $12,500.00
1.53 IData Conversion {Licensing f6~s ir~ude b’~e first 40 ho~rs}$100.00 440 $40,000~00
1 54IInterfaces $125.00 0 $
1155 P,[gject Man,a~lement $125.00 0 $
’TOTAL ,,, 640$ 67,500.00
$0.00
$0,00
$ 67,500.00
1.6 tUser Training Rate/Day Rate/Hr Hrs Total
~(G’e’neral~- Users ( 35 users) $1,000.00 $125.00 40 ’ $5,000.001.61
1.62/~,ystem Administrators $1,200.00 $150.00 40 $ 6,000.00
/ TOTAL (Addmonat t~aJming at $1,500 per da}, w~t~ rnaxl~urn of 15 users per classroom)80 $ 11,000.00
11,000.00
1.7 System Software Upgrade
1,71 Client Software Upgrade without Maintenance Agreement
1.72 Server Software Upgrade without Maintenance Agreement
1.73 Software Upgrege/Installatton, excluding travel expenses
$17,150.00
$11,200.00
$ 5,250.00
$ 33,600.00
$0.00
$159,500,00
1.8 Less 15% Discount to the City of Palo Alto $135,575100
OpenData Systems Pricing
6/22/99 Page1
2.0 DATABASE & OTHER THIRD PARTY SOFTWARE
MS SQL Server
Oracle for Enterprise
Sybase Adapth’e Server
Informix D~amic Server
Malntanance & Support:Pmv~sd by u~e se~-~ed Dat,~0a~ vendo~
MS SQL Server
Oracle for Enterprise
Sybase Adaptive Server
Informix Dynamic Server
2.20therThlrd Part~ Software:
Imaging
VR
$
3.00PENDATA SUPPORT SERVICES - Not Included in Total
3.1 Technical Support / Maintenance Agreement, Including Automatic Free Upgrade $17,750.00
Regular Service: 15% plus 160 / user: 5-day week, 8AM-5PM, response time 3 hours
Extended Hour: For additional 15% : 5-day week, 7AM-7PM, response time 1hour
Full Coverage: For additional 20% : 7-day week, 24-h~ur coverage¯This annual conb-act commences upon test acceptance of the system at the end of
implementation and is renewable on an annual basis.
3.2 DBA Out-Sourcing Service
OpenData Systems provides DBA Support, Database Maintenance/Recovery Service
on an on-calt houdy conb’actor basis, excluding travel expenses:
or on a 120 hours per year retainer basis, excluding b’avel expenses:
$
$
$
17,750.00
24,300.00
40,500.00
175.00
18,900.00
$ 17,750.00
4.0 ADDITIONAL MODULES & OPTIONS - Not Included in Total
~1.1The OpenData Systems’ PermitWeb module provides smart-permitting cababilitles that $49,995.00
allows the public to submit permit applications over the Intemet. The security is designed
to handle e-commerce and authentication. For intranet, the system allows the City users
to monitor application intake over the Intemet, among various other functions.
4.2 The OpenData Systems’ GeoTech m~lule provides interfacing capabilities to both ESRI and
Integraph, as well as other GISs in the market.
4.4
49,995.00
Interfaces to each existing database other than BIPS:$125.00 /Hour
Estimated 40 hrs for GIS $125.00 /Hour $5,000.00
Estimated 40 hrs for ClS $125.00 /Hour $5,000.00
Estimated 40 hrs for IFAS $125.00 /Hour $5,000.00
Additional Web-based applications
@ Status-Everywhere - Enterprise Series
Permit Status-On-Line $14,985.00
Plancheck Status-On-Line $14,985.00
Inspection Status-On-Line $ 14,985.00
Complaint Status-On-Line $14,985.00
@ Credit-Everywhere - Enterprise Sedes
Payment-On-Line with Encryption
Digital Signature-On-Line with Public/Private Key
@ Service Request -- Enterprise Series
Complaint On-Line
@ GIS-Everywhera - Enterprise Series
27,722.25
27,722.25
14,985.00
14,985.00
$
$
$
15,000.00
15,000.00
OpenData Systems Pdcing
612.?_../99 Page2
Summary of Phase 1 Fees for Products and Services:
Subtotal Phase 1
Less Pre-License Consulting Services
Total Fees - Phase 1 Contract
$ 168,325.00
$ 19,800.00
$ 148,525.00
OpenData Systems Pricing
6/22/99 Page3
EXHIBIT CPhase 1 Implementation Schedule
ID I Task Name
1 Fit & Business Analysis, Configuration - Bldg, Insp
2 Technical Initiation
3 Install server OS and DB
4 Create database objects (Test)
~Load sample data
6 Initiate Control Data backups
7 Order Production HW and SW
6 Fees
~. Fee Module Training
lo Enter Fees
11 Workflow
12 Review and Modify Standard Processes
13 Workflow Module Training
14 Enter Workflow Data
1~Inspection Types
16 Inspection Type Entry Training
17 Enter Inspection Types
18 Conditions
19 Conditions Module Training
2o Enter Conditions
21 Standard Comments
22 Standard Comments Training
23 Enter Standard Comments
34 Optional items - Checklist, Geoindicators, Structure
25 Customization
2s Address Interface to GIS
27 Banner Interface for CIS
28 Finance Interface for IFAS
2~! Review System Configuration
33 Building
31 Inspection
32.Data Migration
Duration
42 days
i 27daysl
2 days
2 days
6hrs
2 hrs
5 days
5 days
2 days
3 days
8 days
2 days
2 days
4 days
2 days
1 day
1 day
2 days
1 day
1 day
2 daysi
1 dayl
1 dayI
1 dayi
26.5 days
60 hrsI
40 hrs
60 hrs
4 days
2 days
2 days
35 days
Tue 611/99i Fri 7/30/991
Tue 6/1/99}Frl 7/9/991
Thu 7/1/991 Tue 7/6/99I
Wed 7/7/991 Thu 7/8/99 3
Fri 7/9/99t Fri 7/9/99t 4
Fri 7/9/99i Fri 7/9/99!5
Tue 6/1/99i Mon 6/7/99
Thu 711/991 Fri 7/9/99
Thu 7/1/99 i Tue 7/6/99
Wed 7/7/991 Fri 7/9/99 9
Mon 7/12/99i Wed 7/21/99 8
Mon 7/12/99 t Tue 7/13/99
Wed 7/14/991 Thu 7/15/99 12
Fri 7/16/99t Wed 7/21/99 13
Thu 7/22/99 i Fri 7/23/99 11
Thu 7/22_/991 Thu 7/22/99
Fd 7/23/99 Fri 7/23/99 16
Mon 7/26/99 Tue 7127/99 15
Mon 7/26/99!Mon 7/26/99
Tue 7/27/99 Tue 7/27/99 19
Wed 7128199 Thu 7/29/99 18
Wed 7/28/99 Wed 7/28/99
Thu 7/29/99 Thu 7/29/991 22
Fri 7/30/99 Fri 7/30/99t 23
Wed 7/21/99 Thu 8/26/99
Wed 7/21/99 Fri 7/30/99
Fri 8/20/99 Thu 8/26/99
Tue 8/17/99 Thu 8/26/99
Mon 812/99 Thu 8/5/99 1,26
Mon 8/2/99 Tue 8/3/99
Wed 8/4/99 Thu 8/5/99 30
Fri 816/99 Fri 9124/99 29
33 Analysis: Mapping / Translation - training
34 Prepare Interface Files
35 Load Data
33 Preparation to Go Live
37 Testing
"3~Integration Test
39 Test and Acceptance
4o Training
41 Technical Preparation
42 Security Setup
4~Start Production Backups
44 Control Data Migration
45 Transaction Data Migration
4~Verify Production Environment
47 Project Contingency
4~Permit System Go Live
49 Parallel System Usage
2 wks Fri 8/6/99 i Thu 8/19/99
4 wksI Fri 8/20/991 Fri 9/17/99 33
1 wk Mon 9/20/99i Fri 9/24/99 34
65 days Fri 8/27/991 Tue 11/30/99
55 days Fri 8/27/99 Fri 11/12/99
20 days Fri 8/27/99 i Fri 9/24/991 27,28
25 days Mon 9/27/99t Fri 10/29/99 38,32
10 days Mon 11/1/99i Fri 11/12/99 39
10 days Mort 11/1/99i Fri 11/12/99 39
1 day Mon 11/1/99i Mon 11/1/99
1 day Mon 11/1/99!Mon 11/1/99
1 dayi Tue 11/9/991 Tue 11/9/99
2daysi Wed11/10/99!mhu11/11/99i 44
10daysI Mon 11/15/99!Tue 11/30/99ii 37,41
0daysi Tue11/30/99!Tue11/30199i 47
20 days!Wed 12/1/99!Wed 1/5/001 48
I Resource Names
IODS,IS
I ODS
ODS
ODS
i=s
ODS,PA
PA
ODS,PA
ODS,PA
PA
ODS,PA
PA
ODS,PA
PA
!ODS,PA
PA
IODS,IS
ODS,IS
i ODS, PLN
ODS,INSP
!ODS,PA,IS
ODS,IS
Wed 6/23/99
’. :..,_JL,~ 02 ’99 03:28PM ~LUi & ASSOCIATES 415 397 2811UI=HI:ll=ICATE Of: LIABILITY INSURANCE
EXHIBIT "D"
.OpenDi~a Sy~tem~ !nc.
5900 ~o!lis Street Suite G
~,ory~i!le ~A 9~608
COV~.RA~ES .
OPEDS-I o~I[
THIS CERT|~%CATE ~S ~S$UED AS A ~ATT~ O~
ONLY AND CON~KR5 NO R~GMTS U~ON TM~ C£RT~?~CAT~
HOLDER. ~lS C}RTIFICATE DO~S NOT AMEND, ~TEND OR
ALTER TH5 COV$~GE AFFORDED BY THE POLICIES BELOW.
-COMPANIES AFFORDING COVERAGE
R
Fire~an’s ;und Insuramce Co
.,bLJ=D TH~ INOUR~D NAMED ALOVE FOR THE POLICY PEAICD
ANY REQUIREMENT, TERM OR CONDIT:ON OF ANY CONTRACT OR OTHER DOCUMENT WITH R£SPLCT TO WHICF THIS
I ~OLICY ~FCCT(V6 ,~ouCv ~PIR~TION ;
D~TE (MM;DD,~Y~ D&IE IM~ItDD~7t!LIMITS
MZXB0732~35
MZXB0732435
05/01/$9 05101/00
05/0 /00
PRO P~R’I’Y DAMAGE
AUTO ON~,Y - ~:A ACCIDENT
O’~HER THAN A’J’~O ONLY,
E~GH ACCIDENT
r- ¯
AGGREGATE
AGGREG~T~
~wc STA:U. I "~OTH-~
~L ~t35A5~ ¯ ~CLICY LIMIT
City cf Palo Alto
Pz~rchazin~ & Contr&ct A~in.
Attn: Dave .MaLson
250"Ma~!~on A~enue
~!o Alto CA 9q301
CERT--!
CANCELLATION
SI’~OULD ;’,NY Of- f~a ~,EOVE O=.~CR~BED PO~C~£S B~ cAnCElLeD
EXPIRATION DAT~ THEREOF, THE ISSUING COMPANY W=LL END~VOR TO
I__ oF ANY KING UPON THE COMPANY. ITS AGENTS OR REPR~ATIVES,AIITH O~D R~P~5~wT~Ttv E
: ACORD CORPORATION ! 9~
EXHIBIT "D"
EXHIBIT "E"
PART III FORM 410
Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and
individuals listed below certify that they do not discriminate in employment with regards to age, race, color,
religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all
" Federal, State and local directives and executive orders regarding nondiscrimination in employment.
Firm:
Title of Officer Signing:
Signature ,~, L)f’~’’-’---