HomeMy WebLinkAboutAgr 2008-02-20 (PermitSoft, Inc.)AGREEMENT FOR SERVICES
PERMIT -TRACKING SYSTEM FOR COMMUNITY
DEVELOPMENT DEPARTMENT
THIS AGREEMENT, made and entered this,:vI ay of F rt ra pry , 2008 by and between the
TOWN OF TIBURON, a municipal corporation, hereinafter called "Town," and PermitSoft, Inc.,
hereinafter referred to as "Vendor,"
RECITALS
A. The Town is considering a proposal to implement and host a Planning and -Building Permit
Tracking system in the Town of Tiburon, commonly known as the Permit Tracking project
("Project").
C. The parties wish to contract for the Vendor to provide the services described in Exhibit A
("Services"), which is attached hereto and incorporated herein by reference.
AGREEMENT
1. Scope of Vendor Services. Vendor shall perform those Services described in Exhibit A.
Vendor may subcontract out certain of the Services to other Vendors only as may be
approved in advance in writing by Town. In the event of such subcontracting, Vendor shall
remain responsible for the full performance of such services. Vendor also agrees to
Maintain and Host the completed Services according to the Service Levels described in
Exhibit C.
Compensation. Vendor's fee for the Services shall be as set forth in Exhibit B. Payments
shall be due thirty days after submission of an itemized invoice showing work actually
completed. Vendor shall submit invoices on a monthly basis for time and materials actually
expended. Vendor shall not exceed the following fees, described in more detail in Exhibit
B, without prior Town approval of an amendment to this agreement:
Software Modules (subject to sales tax):
Customization and Training for all users:
$83;000.00
$38,900.00
Annual hosting and maintenance fees shall not exceed $14,110 without prior Town
approval of an amendment to this agreement.
3. Fee Schedule. Vendor shall bill Town 25% of Vendors total compensation at the
commencement of the project, 25% after the launch of the Building module and 25%
after the launch of the Planning module and 25% after the acceptance of the Building
and Planning modules.
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4. Acceptance Testing. There shall be an acceptance test of the Services. This test will
confirm basic system operations and ensure that the system meets all of the functional,
performance and quality requirements specified herein. Discrepancies will be documented,
reviewed and fixed by the Vendor
5. Standard of Work: Indemnity. Vendor shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Vendor's profession.
Vendor shall indemnify, defend and hold Town harmless from and against claims,
liabilities, suits, loss, cost, expense and damages arising from Vendor's willful or negligent
acts relating to the performance of the Services pursuant to this Agreement.
6. Vendor as Independent Contractor: Indemnity. Vendor (including its agents and employees)
is not an agent or employee of the Town but is an independent contractor not subject to the
direction and control of the Town. Without limiting the foregoing, Vendor shall maintain
complete control of its operations and personnel and shall be solely liable and responsible to
pay all required salaries, wages, expenses, taxes and other obligations. including, but not
limited to, withholding and Social Security. Vendor shall indemnify, defend and hold the
Town harmless from any such liability that it may incur to the Federal or State Governments
as a consequence of this contract.
7. Attendance at Hearinas. If requested by the Town's Director of Community Development,
Vendor shall appear at litigation and/or administrative hearings that pertain to the Project.
Town shall reimburse Vendor for such appearance(s) at the hourly rate specified in Exhibit
A.
8. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Vendor's records and accounts of expendittues and program
activities at its own expense. Vendor shall furnish all items necessary in the Town's
discretion to complete said audit and/or evaluation subject to restrictions on confidentiality
limited to expenditure or receipt of program funds, and program quality.
9. Insurance. Vendor shall maintain insurance as set forth below. Town shall be added as an
additional insured to all required insurance policies:
A. Comprehensive General Liability: Combined single limit of $1,000,000 for each
single occurrence and $2,000,000 annual aggregate.
B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for
each single occurrence and $2,000,000 annual aggregate.
10. Ownership of Documents: Re -Use: Indemnity. All documents, including drawings and
specifications prepared by Vendor pursuant to this Agreement shall be the property of
Town. Town acknowledges that said documents are prepared for use only in connection
with the Project described in the attached Exhibit A. Vendor makes no representation
that said documents are suitable for re -use on any other project or on any expansion of
the Project. Any such re -use by Town without specific written approval by Vendor shall
be at Town's sole risk. Town shall indemnify and hold Vendor harmless from all claims,
losses, damages and expenses, including attorneys fees, which may arise from Town's
unauthorized re -use of said documents for another project or for any expansion of the
Project.
11 Stop Work Order. Town may at any time, by written notice to Vendor ("Stop Work
Order"), require Vendor to stop or suspend performance of the Services, in whole or in part,
for a period of up to ninety days after such notice is delivered to Vendor. Upon receipt of
the Stop Work Order, Vendor shall immediately comply therewith and take all reasonable
steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work
Order during the period of work stoppage. Within ninety days of the delivery of the Stop
Work Order, or such later time as may be agreed to by the parties, Town shall either cancel
the Stop Work Order or terminate this Agreement as provided in Paragraph 13. Vendor shall
resume work upon the cancellation of the Stop Work Order. To the extent that the Stop
Work Order results in a documentable increase in the cost of performing the Services or the
time required for such performance, Vendor shall receive an equitable adjustment in
compensation or an extension of time for performance, as appropriate.
12. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after
submittal, Vendor may commence to charge interest of the unpaid amounts at the lesser of
1.5% per month or the maximum rate allowed under applicable usury laws. In addition,
Vendor may suspend the performance of the Services after giving Town 10 days notice of
its intent to do so. In the event of such suspension, the Base Fee shall be increased to
include Vendor's reasonable costs of suspending and restarting the Services.
13. Termination of Contract. It is expressly understood that the Town shall have the right to
terminate this agreement within five (5) days written notice to the Vendor. In such event,
Vendor shall deliver to the Town copies of all finished and unfinished surveys, studies,
documents, computer disks, and/or reports pertaining to the contract. and Vendor shall be
entitled to receive just and equitable compensation for any satisfactory work completed as
determined by the Town.
142. Discrimination. In the performance of the terns of this Agreement, Vendor shall not engage
in nor permit others lie/she may employ to engage in discrimination in the employment of
such persons based on race, color, religion, sex, sexual preference, age, or handicapped
conditions.
15. Miscellaneous.
A. Other Contract Provisions. Other contract provisions may be set forth in Exhibit A.
To the extent that there are any inconsistencies with such Exhibit and the other
portions of this Agreement, the latter shall prevail.
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B. Governing. Law. This Agreement shall be governed by the laws of the State of
California.
C. Severability. If any provision of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not be
affected unless the effect thereof would materially change the economic burden on
either party.
D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party niay assign their obligations
under this Agreement without the written consent of the other party.
E. Entire Agreement: Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
VENDOR TOWN OF TIBURON
P\INsSOub AV )k.1a DA
-FRs_s E1'T� j'c t-irr50FT/ c'
APPROVED AS TO FORM:
AimR Danforth, Town Attorney
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Margaret
Curran, Town Manager
EXHIBIT A
Scope of Work for Planning, Building System
The following is the scope of Work for this Agreement.
Town of Tiburon Building/Planning Department Goals
• Central location for all planning and permit information — easily accessed by all
• Eliminate redundant input of data
• Eliminate use of Excel spreadsheets as source of record
• Track planning data from application to approval
• Flag select approved planning permits as "future monitoring necessary"
• Track building permits from application to final
• Track inspections in the field within 3-6 months of "go live"
• Allow visibility to historical planning and building data by address (historical data
available in Excel since YR 2000)
• Allow search by multiple attributes (APN, address, owners name, contractor, zoning,
etc.)
Vendor will reach these goals and implement the following Functional Requirements in this Scope
of Work. This will take place in four primary phases: evaluation, data preparation, execution, and
production. The production phase will include 2-4 days ofrole based training. Vendor will start the
project immediately upon contract signature.
Area
Functional Requirement /
Description
General
G1
System must be user friendly
G2
Track all dates and milestones for both the planning and permit
processes
G3
Visibility to key project metrics for each permit (Le., permit approved,
permit finaled)
G4
Centralized contact information for all permits (contractors, etc.)
G5
Track inspections (date, type, notes. status)
G6
Project flags / comments / holds (e.g., project flagged re Stop Work
Notice)
G7
Track all Plan Check approvals and comments by department (Public
Works, Building, Planning and outside agencies)
G8
Track all conditions of approval by department
G9
Allow outside agencies to view permits on an address
GI 0
Allow outside agencies to comment on address (e.g., track police
activity at a job site)
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G11
Calculate permit fees based on permit type - allow for refund of fees
G 12
Allow for final cost evaluation by Town and calculate additional fees
owed (building pennits)
G13
Allow for revision of permit and calculate fees associated with the
revision — mark permit revised
G14
Allow for increase fees based on the addition of a permit type (for
example Variance)
G15
Along with printed permit, print informational handouts based on type
of permit issued
G16
Allow document attaclunent to system (Staff Reports, supporting
documents for Building Permits, etc.)
017
Report on received and outstanding building and planning permit fees
based on address
018
Report on number of building and planning permits processed in a given
time period (monthly, etc.)
G19
Schedule building inspections, RBR inspections and RBR re -inspections
G20
Track communication with property contact regarding expiring permits,
RBR availability, corrections required, etc. (email, fax, letters)
G21
Allow managers to assign inspections, plan checks, etc. to staff and
outside plan checkers
G22
Create list of permits expiring in the next x days (for example — expiring
in 30 days)
G23
Allow building inspectors to access system from the field (laptop or
tablet PC) to input inspection status and corrections — potentially print
corrections in the field
G24
Track and search for workers comp and CA Contractors' Licenses
G25
Auto number permits and planning applications
G26
Print receipts for fees received
G27
Issue Certificates of Occupancy
G28
Track Precise Development Plan for each applicable address
G29
Auto -calculate permit expiration dates based on rules
G30
Citizen access to permit/planning status
G31
Ability for citizens to apply for and pay for permit online
G32
Ability for citizens to request and access RBR online
G33
Ability for citizens to make complaint online
G34
Handle one address multiple APNs, one APN, multiple addresses
G35
Ability for citizens to request inspections online
G36
Schedule inspections via IVR
G37
Track zoning for each parcel
G38
Track General Plan designation for each parcel
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Reports
Easy custom reporting and/or query
The following current reports to be derived from the system:
• RBRs (Residential Building Reports)
• Permit and planning fees paid
• Inspection schedule
• Permits >=$5000 Valuation — sent to County
• Planning Division Monthly Report (should be expanded to show all
Planning Permits)
• Yearly Recap Planning Division
• Building Division Monthly Report (include list of permits issued in
a given month)
• Building and Planning permits expiring within x days along with
editable letters to each property owner
Historical
Information
The following information will be imported for historical projects since
YR 2000 — all housed in excel spreadsheets
• Permit issue dates along with scope of permit
• Planning permit information (i.e., denied, approved with conditions,
etc.) with dates
• Stop Work Orders
• RBRs - only those that have not yet expired
The following information will be imported for all properties via excel
spreadsheet
• Archeological sensitivity
• Precise Development Plan number
Integration /
Imports
Future integration / link with LaserFiche system (will hold historical
data from YR 2000)
Import Town of Tiburon parcel / address database
Import Town of Tiburon contacts database (contractors. etc.)
1 - Create the ability to view permits and planning permits within
ArchView, i.e., publish activity to the ArchView system as a layer.
Current and historical permit/planning activity should be attached to
individual parcels.
2 - Export permit and planning activity to Marin Map. This involves
exporting activity in a format that is readable by the Marin Map GIS
system (ArchIMS). This activity will also be attached to individual
parcels.
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Document
Management
Potential documents to be stored in system:
• Inspection correction reports
• Surveys
• Energy and other engineering calculations
• RBR reports
• Letters to customers
• Staff Reports
• Sections of Precise Development Plans
• Project photographs
• Signed owner/building verification forms
Permit Status
Permit status to be tracked:
• Application
• Plan Check
• Ready to Issue
• Expired by Limitation
• Issued / Active
• Is About to Expire
• Permit Extended
• Expired without Final
• Finaled
• Re -Activated
• 'Withdrawn
• Expired
• Suspended
• Voided
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Building
Permit Types
Building Permit Types to be tracked:
• Construction Permit for New SFD
• Demo Old & Construct New SFD
• Full Construction
• Only Construction
• Construction & Electrical
• Construction & Plumbing
• Construction & Mechanical
• Construction, Electrical & Plumbing
• Construction, Electrical & Mechanical
• Construction, Plumbing & Mechanical
• Electrical
• Electrical & Mechanical
• Electrical & Plumbing
• Electrical, Mechanical & Plumbing
• Electrical-Solar Collector Panels
• Electrical-Service Upgrade Max 1000 AMPS
• Mechanical
• Plumbing
• Re-Roof
• Demolition
Planning and
Zoning
Permit Types
Planning Permit Types to be tracked:
• Design Review (Site Plan & Arch. Review)
• Conditional Use Permit
• Secondary Dwelling Unit
• Precise Development Plan & Amendment
• Variance
• Sign
• Tree
• \Vater Well
• Master Plan & Amendment
• General Plan Amendment
• Municipal Code Amendment
• Tentative Subdivision Map
• Final Subdivision Map
• Parcel Map
• Lot Line Adjustment
• Certificate of Compliance
• Merger of Parcels
• Street Address Change
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Current
Building File
Numbering
Scheme
xx-xxxx
YY-0001, YY-0002, etc.
Planning and
Zoning
Permit Status
Planning application status to be tracked:
• Pending
• Approved (with and without Conditions)
• Withdrawn
• Denied
• Expired
• Extended
• Appealed
• Incomplete
• Complete
Current
Planning File
Numbering
Scheme
.
10000 CUP
20000 Variance
30000 Precise Development Plan
40000 Master Plan
50000 Signs
60000 Minor Subdivision or Lot Line Adjment
700000 Site Plan and Architectural Review
(note extra digit)
80000 Major Subdivision
Alphanumeric prefixes:
""T" Trees
"SCU" Secondary Dwelling Unit
""PM" Parcel Map
"CC" Certificate of Compliance
""M" Voluntary Merger
B" Boundary Change (Annexations)
"GPA" General Plan Amendment
"R" Rezonino/Prezoning
""Z" Zoning Text Amendment
"MCA" Municipal Code Amendment
"W" Water Well Permits
Hosting
System must be hosted offsite and include regular backup of data
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I1
Accessible through the web
Security
Role based access to data & reports
Role based ability to modify data (i.e., Police can only modify their
comments on an address, all other data is read only)
All data must be secured at off-site hosting facility
Admini-
stration
System database and "back end" must be accessible to Town of Tiburon
IT department
System training to include administrative functions (i.e., creating users,
changing user roles, creating reports, etc.)
Data Storage
Data must be stored in a standard relational database
Database backups to be sent to Town of Tiburon as often as requested
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EXHIBIT B
Fees
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Cost
Remarks
1 -Planning Module
$38,000.00
this cost is
subject to
local, state
and Federal
sales tax.
e Includes PermitCity
Planning Module
2- A Customization for Planning module
B -GIS Integration
C -Import permit from existing system
$12,000.00
$8,900.00
$3,000.00
• Include all existing
forms and includes
database
• Includes database
• Includes all existing
reports plus 5 new
reports for the Planning
modules
• Additional forms and
report $1200 per form
or report.
• See also (*) below for
expanded list of
customizations
included
3 -Building Module
$45,000.00
this cost is
subject to
local, state
and Federal
sales tax.
s Includes PermitCity
Building Module
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4- A Customization for Building module
B -Import permit from existing system
$12,000.00
$3,000.00
• Include all existing
forms and includes
database
• Includes database
• Includes all existing
• reports plus 5 new
reports for the PIanning
modules
• Additional forms and
report $ 1200 per form
or report.
• See also (') below for
expanded list of
customizations
included
5 -Licensing Costs (concurrent users)
Included
with module
Unlimited users
6 -Yearly cost of hosting
17% cost of
each module
(1 and 3)
per year for
the first
three years.
Payable at
the end of
each year,
prorated if
contract '
terminated
The yearly cost of hosting.
Also included technical
support (see 9 below) and
annual maintenance and
support costs (see 8 below)
7 -Training Costs (basic user and admin)
Basic software cost, Item 1, includes 2-4 days
of on-site training for all users during
Execution and Final Production phases of this
project.
The cost of on-site training post -acceptance is
$1000/day, plus cost of travel, traveling
identified under item 11
8 -Annual Maintenance and supports
Costs
Included in yearly hosting cost, item 8 above
9 -Technical Support
Included in yearly hosting cost, item 8 above
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10-Upgrade Costs (forecast timing), next
update is anticipated to be in 2010
Upgrades cost will be negotiated with the
Client but shall not exceed 15% of cost of
purchase
11-Costs associated with travel and
expenses (must be approved in advance)
• Travel time will be charged at
$75/hour
s Onsite time $135/hour
• Other expenses per receipts.
12-Hourly cost for additional
enhancement after acceptance of the
software
$135/hour FUTURE WORK
13-Hardware
PermitSoft will provide all required servers
for hosting at no additional cost. Client will
be responsible for desktop computers and any
laptop or PDA or Tablet PC for offsite use. In
terms of additional software all is needed a
web browser available to download free of
charge
14- Documentation
No additional cost for the first 10 copies
"User Guides" and the first 5 copies
"Operational Manual", Printed manual will be
$35 each, CDs at $15 each
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Summary of Costs
Fixed Costs / One -Time Install
Modules (Bldg, Planning): $83.000.00
Customizations (Bldg, Planning): $38,900.00
Recurring and Potential Future Costs
Annual Maintenance/Support/Hosting: $14.110.00
Additional Training Post -Acceptance See item 7 above
Enhancements Post -Acceptance: See item 12 above
(Y) Customizations to modules include the following:
All Modules
• Importing assessor parcel data or connecting to GIS parcel information
Building
• Setting up required information for different permits types
• Setting up Fees and penalties for different permits types in each modules
• Defining and implementing review process for each type of permits
• Setting up default review dates and timetables.
• Setting up required inspection type
• Establishing and setting up common plan check and inspection correction list
• Establishing and setting up inspection call in rules.
• Customizing expiration permits letters for building
• Establishing Hold criteria and modeling it in the software.
• Customizing reports as called in the fee section fro each module
• Customizing printable permits
Planning
• Setting up required information for different permits types
• Setting up Fees and penalties for different permits types in each modules
• Defining and implementing review process for each type of permits
• Setting up default review dates and timetables.
• Establishing and setting up planning review and calender parameters.
• Customizing notification letters for planning
• Establishing Hold criteria and modeling it in the software.
• Customizing reports as called in the fee section fro each module
• Customizing printable permits
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EXHIBIT C
Hosting and Maintenance Agreement
Maintenance Provisions
A. Scheduled hardware and software maintenance will be coordinated with staff and
occur off normal business hours. Maintenance windows will be kept to the
minirmnn length necessary to complete work. Customer accessibility may be
impacted due to scheduled maintenance. The customer facing site will always
present the customer with a maintenance message during maintenance.
B. Physical access to hardware for maintenance will be coordinated with Town of
Tiburon staff.
C. PermitSoft will provide:
a. Total and complete support for server hardware
b. Total and complete support for software all software necessary for the
PermitSoft system including the operating system and any third party software
necessary for the permit system.
Technical Support
PermitSoft provides 24 hours of free supports fro the input of new data at the beginning of each new
fiscal year.
Following is our response protocol for ongoing Technical Support
A PermitSoft. Inc. technician will be available during "Normal Business Hours" (7 a.m. to 6 p.m.
Monday through Friday, excluding Town of Tiburon holidays) to take Town of Tiburon calls, faxes,
or e-mails. Town of Tiburon may contact the PermitSoft, Inc. using one of the following methods
during normal business hours:
1. Direct phone contact with the technician
2. PermitSoft, Inc.'s Voice Mail System
3. E-mail
4. Fax
During times other than normal business hours. PermitSoft, Inc. personnel are available by phone to
respond to Service Level 1 Errors pursuant to the follow schedule. An emergency telephone
number will be provided to designated Town of Tiburon personnel.
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Service Levels
TABLE OF SERVICE LEVEL REQUIREMENTS. By way of example. but not by limitation, a
compilation of the deadlines stated herein is included below for convenience of reference by the
Parties.
Level 1 Error Level 2 Error Level 3 Error
Initial Response Due
Correction Required
2 hours
24 hours
4 hours
2 bus. days
5 bus. days
10 bus. days
A. CLASSIFICATION OF SERVICES. Services are classified as follows:
(1) Service Level 1 ("Critical") : An Error, for which there is no means of
Circumvention, causing (i) unrecoverable "crashes" of the Licensed Software, (ii) ongoing
unrecoverable loss or corruption of data.or (iii) loss of essential Licensed Software functionality that
prevents permit processing. A Service Level 1 inay be attributed to the permit software, third -party
software, hardware failure, server attack, hack, or virus and may require emergency recovery from a
previous backup.
(2) Service Level 2 ("Urgent") : An En -or causing (i) ongoing but recoverable loss
or corruption of data for which there is no means of Circumvention, (ii) loss of essential Licensed
Software functionality that prevents permit processing that can be Circumvented, or (iii) loss of
non-essential Licensed Software functionality that cannot be Circumvented.
(3) Service Level 3 ("Minor") : An Error causing (i) loss of non-essential Licensed
Software functionality that can be Circumvented or (ii) difficulties in the user interface.
(4) Service Level 4 ("Extra Work") :Programming code and/or graphic changes
that the Town of Tiburon would like PermitSoft, Inc. to perforin. These changes may include
changing programming Iogic, adding functionality or features, creating new templates, adding new
graphics, or modifying existing graphics. A Service Level 4 will be billed at prevailing hourly
rates.
B. SERVICE LEVEL CORRECTION. PermitSoft, Inc. agrees to correct reported
Service Level Requests in accordance with the following provisions. All time references below are
clock hours or calendar days, unless otherwise specified.
(1) Service Level 1 Errors
a. PermitSoft, Inc. will provide Town of Tiburon with a telephone
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number for emergency support to be used by Town of Tiburon at any time on a seven (7) day a
week, twenty-four (24) hours a day basis to report Level 1 Errors.
b. PermitSoft. Inc. will provide an initial response to all Service Level 1
Errors within two (2) hours following the report of Error.
c. PermitSoft. Inc. will use commercially reasonable efforts to resolve
Service Level 1 Errors within twenty-four (24) hours following the report of Error.
d. Town of Tiburon will provide PermitSoft, Inc. with a telephone
number for emergency decision making should a business decision need to be made by Town of
Tiburon staff during resolution of a Level 1 Error.
(2) Service Level 2 Errors
a. PermitSoft, Inc. will provide Town of Tiburon with a telephone
number for emergency support to be used by Town of Tiburon during normal business hours (7a.m.
to 6 p.m.. Monday through Friday. excluding Town of Tiburon holidays).
b. PermitSoft, Inc. will provide an initial response to all Service Level 2
Errors within four (4) working hours following the report of Error.
c. PermitSoft, Inc. will use commercially reasonable efforts to resolve
Service Level 2 Errors within two (2) business days following the report of Error.
(3) Service Level 3 errors
a. PermitSoft, Inc. will provide Town of Tiburon with a telephone
number for support to be used by Town of Tiburon during normal business hours (7 a.m. to 6 p.m..
Monday through Friday, excluding Town of Tiburon holidays).
b. PennitSoft, Inc. will provide Town of Tiburon an initial response to
all Service Level 3 Requests within five (5) business days following, the Request.
c. PennitSoft, Inc. will use commercially reasonable efforts to resolve
Service Level 3 within ten (10) business days following the report of Error
(4) Service Level 4
a. PennitSoft, Inc. will use commercially reasonable efforts to resolve
Service Level 4 Requests as mutually agreed. PermitSoft, Inc. will bill Town of Tiburon as provided
for in this contract.
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