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Home My WebLink AboutCOW 2003-10-27 COMPLETE AGENDA PACKETMonday, October 27, 2003 7:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. SPECIAL PRESENTATION 4. CITIZEN COMMENT/ CORRESPONDENCE 5. SPECIAL ISSUES 6. REPORTS 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Council Agenda Steven M. Mullet, Mayor Councilmembers: Joe Duffie Dave Fenton Rhonda Berry, Acting City Administrator Jim Haggerton Joan Hernandez Pam Carter, Council President Pamela Linder Richard Simpson COMVIlVHTTEE OF THE WHOLE Arts Commission: Bruce Fletcher, Director, Parks Recreation Department At this time, you are invited to comment on items not included on this agenda To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. a. Interactive voice response telephone program. b. Contract with Charles River Associates for peer review of Sound Transit's proposals. c. Review of 2004 Proposed Budget. a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206 -433- 1800 /TDD 206 248 -2933. This notice is available in alternate formats for those with disabilities with advance notice and is also available at http: /www.ci.tukwila.wa.us. Tukwila Council meetings are audio taped. Tukwila City Hall Council Chambers 1 1 Meeting Date 1 10 -27 -03 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 1 Prepare g 1 Mayor's review 1 Council review 10 -27 -03 I San" 1 t, AY.' 1 (,!J C:_ I I I I I I I ITEM INFORMATION CAS Number: 03-136 I Original Agenda Date Agenda Item Title: Inter- active Voice Response Upgrade to Permits Plus Recommendations: Sponsor: Approve contract. Committee: Approve contract. Administration: Approve contract. I Cost Impact (if mmown): $34,900 I Fund Source (if ]mown): Permit Center 2003 budget (general fund) CAP Minutes, October 14, 2003 APPENDICES Meeting Date 1 Attachments 10 -27 -03 1 Memo from Steve Lancaster, dated October 22, 2003 I Original Sponsor: Council Admin. X I Timeline: Sponsor's Summary: Permits Plus is the City's automated development permit management system. This proposed upgrade will allow permit holders to schedule or cancel inspections, obtain inspection results, and communicate via voice message with a building inspector 24 hours a day, 365 days a year. 'RECORD OECOUNCIL ACTION'-' Action 10 -27 -03 Proposed Professional Services Agreement with Selectron Technologies, Inc. ITEM No. 5, a TO: Committee of the Whole Lnn' FROM: Steve Lancaste DATE: October 22, 2003 BACKGROUND COMMITTEE REVIEW REQUEST CITY OF TUKWILA INTER OFFICE MEMO SUBJECT: Inter- active Voice Response upgrade to Permits Plus Permits Plus is the automated development permit management and tracking system we have been using for several years. We have implemented several upgrades to the system in recent years to improve customer service and efficiency. For 2003 we budgeted sufficient funds to implement an Inter- active Voice Response upgrade to the system. This will allow our customers, contractors and homeowners to schedule inspections, obtain inspection results or cancel inspection by telephone 24 hours a day, 365 days a year. Persons wishing to schedule appointments by speaking with a Department representative directly will still be able to do so during normal business hours. The cost of the upgrade is $34,900. City Council authorization for the Mayor to execute the attached agreement will allow us to complete this upgrade within the next few months. The proposed contract was reviewed by the Community Affairs and Parks Committee at its October 14 meeting. The Committee has forwarded the proposed contract to the COW (meeting minutes attached). We are requesting that the COW forward the proposed agreement on the next regular meeting of the City Council for approval. \TUK2 \VOL3\HOME\ STEVE- L \STEVE1DEPTMGMTIPERMITS \IVR COW 031022.doc Page 1 of 1 Community and Parks Committee October 14, 2003 Present: Joan Hernandez, Chair; Jim Haggerton, Joe Duffle Keith Haines, Evie Boykan, Mike Sweeney, Bruce Fletcher, Rhonda Berry, Lucy Lauterbach, Curt Treadwell 1. Regional Affordable Housing The State passed legislation in the last Session that allocates new funding for affordable housing from a small surcharge on any property transactions. An interlocal with its agreement for spending funds is needed to adhere to the legislation which states that the funds are to be administered "according to an interlocal agreement between the county and the cities within the county". 40% of the funds will be allocated to the State, and Counties cities) will get 60 In King County there will be three sub regions: South King, Seattle, and North/East King County. Another goal of the legislation is that both existing and future needs for affordable housing be addressed. Acquisition, rehabilitation and new construction are the highest priority, then transitional housing operations and maintenance, and then funds for emergency shelters. The process will use County administration so the overhead costs will be low. Tukwila already participates on the HOME Working Group, which will be used to recommend funding projects to the Joint Recommendations Committee. A member from Seattle will be added to the HOME group, since they are not currently represented there. The funds will be used to help house people who are at or below the 50% of median income. Need shall be determined by the 2000 census of people paying over 30% of their income for housing. Planning to meet future affordable housing needs will also need to be included in the funding. Recommend interlocal agreement to Regular Meeting., 2. Contract with Charles River Associates Dan Brand who works for Charles River Associates is one of the foremost experts in the country about transit ridership issues. He has worked on the City's behalf on Sound Transit issues about parking on S. 154 A new contract for his work is $25,000 to help peer review Sound Transit's proposals about parking that are based on their ridership forecasts. Recommend contract to COW. 3. Interactive Voice Response Telephones Permit staff has been using an automated computer program called Permits Plus to track permits. This year's budget included funding to upgrade to a voice response telephone program whereby contractors or people doing permit work can call the system at any time to request an inspection, cancel inspection requests, and hear the results of The committee wanted to be sure people didn't have to use the system if they preferred to talk to a person, which Steve said they could do. Steve thought it would make customers happy, as well as be easier on staff. Recommend agreement for system to COW. 4. Foster Golf Course Work In April the City let a contract for work on the golf course to be done in conjunction with the clubhouse work. Holes 1, 2, 8, and 9 and the teaching and practice greens were all improved, and the grass is starting to grow on all of them. Mike said the project was completed within budget, though there were five change orders. The change orders had mostly to do with irrigation and soils condition, and some were related to the dirt left over from the clubhouse that the contract had to find a new use for because it came later than originally expected. The final contract price was $354, 660.80. Recommend acceptance of Golf Course project as complete to consent agenda of a Regular Meeting. This Agreement is between Selectron Technologies, Inc., an Oregon corporation and its successors or assignees "Company") and the undersigned the City of Tukwila, Washington (the "Customer 1. Engagement of Services. Company may from time to time issue a Scope of Work in the form attached to this Agreement as Exhibit A and P, Subject to the terms of this Agreement, Company will render the services set forth in the Scope of Work accepted by Customer (the "Project The manner and means by which Company chooses to complete the Project are in Company's sole discretion and control. Customer will make its facilities and equipment available to Company when necessary. Company, in its sole discretion, may have the services performed by a Third Party /Independent Contractor, provided that any such Third Party /Independent Contractor agrees in writing to the terms of this Agreement. 2, Hardware. Pursuant to this Agreement, and in combination with any Company Software (which shall be licensed pursuant to a separate Software License Agreement), Company shall provide Customer with third party hardware for use with Company Software (the "Hardware), as set forth in Exhibit A and B (if any). 3. Compensation. 3.1 Standard Compensation. Customer will pay Company a fee for services rendered under this Agreement as set forth in the Project(s) undertaken by Company. Customer shall be responsible for all expenses incurred within Exhibit A of this Agreement. Customer will be responsible for all expenses, with prior written approval, outside Exhibit A of this Agreement. Upon termination of this Agreement for any reason, Company will be paid fees and expenses on a proportional basis as stated in the Scope of Work for work which is then in progress, to and including the effective date of such termination. All retumed hardware is subject to a 15% restocking fee. Unless other terms are set forth in the Scope of Work for work which is in progress, Customer will pay Company for services and will reimburse Company for previously approved expenses within thirty (30) days of the date of Company's invoice. 3.2 Change Requests. Customer agrees to the Scope of Work as set forth in Exhibit A and B. If there is a change to Exhibit A or B after Company has committed resources to the Project, Customer agrees to pay the full amount set forth in Exhibit A. However, if, during the course of a Project, Customer wishes to modify the Scope of Work (other than a proposed reduction in the amount of services provided), Company shall provide Customer with a modified fee estimate. If Customer accepts the modified estimate, Company will perform the Project according to Revised 1/02 Selectron Technologies, Inc. PROFESSIONAL SERVICES AGREEMENT the modified specifications after a purchase order has been provided to the company. If Customer rejects the modified estimate, Company shall have no obligation to perform the modified Project. 4. Independent Contractor Relationship. Company's relationship with Customer will be that of an independent Contractor and nothing in this Agreement should be construed to create a partnership, joint venture, or employer employee relationship. Company is not the agent of Customer and is not authorized to make any representation, contract, or commitment on behalf of Customer. Company will not be entitled to any of the benefits, which Customer may make available to its employees, such as group insurance, profit sharing or retirement benefits. Company will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state or local tax authority with respect to Company's performance of services and receipt of fees under this Agreement. 5. Proprietary Information. Both parties agree during the term of this Agreement and thereafter that they will take all steps reasonably necessary to hold the other party's Proprietary Information in trust and confidence, will not use Proprietary Information in any manner or for any purpose not expressly set forth in this Agreement, and will not disclose any such Proprietary Information to any third party without first obtaining the disclosing party's express written consent on a case -by -case basis. By way of illustration but not limitation "Proprietary Information" includes (a) trade secrets, inventions, mask works, ideas, processes, formulas, source and object codes, data, programs, other works of authorship, krrow -taw, improvements, discoveries, developments, designs and techniques (hereinafter collectively referred to as "InventiomD; and (b) information regarding plans for research, development, new products, marketing and selling, business plans, budgets and unpublished financial statements, licenses prices and costs, suppliers and customers; and (c) information regarding the skills and compensation of other employees of the disdosing party. Notwithstanding the other provisions of this Agreement, nothing will be considered to be Proprietary Information if (1) it has been published or is otherwise readily available to the public other than by a breach of this Agreement; (2) it has been rightfully received by the receiving party from a third party without confidential limitations; (3) it has been independently developed for the receiving party without reference to the disclosing party's Proprietary Information; or (4) it was known to the receiving party prior to its first receipt from the disclosing party. 6. Representations and Warranties. Both parties hereby represent and warrant that (a) they have full right and power to enter into and perform this Agreement, (b) they will take all reasonable precautions to prevent injury to any persons (including employees of the other party) or damage to property (including the other party's property) during the term of this Agreement. Company warrants that any Hardware provided pursuant to this Agreement shall operate in good working order for a period of one year from the date of the Third Invoice, as that term is defined in Exhibit A, Any changes or modifications to the Hardware by any person other than Company voids this limited warranty. 7. Indemnification. Each party will indemnify and hold harmless the other party, Its officers, directors, employees, sublicensees, customers and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attomeys' fees and court costs) which result from a breach or alleged breach of any representation or warranty (a "Claim set forth in Section 6 of this Agreement. 8. Warranty Disclaimer. The express warranties in Section 6 are in lieu of all other warranties, express, implied or statutory, arising from or related to this agreement and any hardware provided hereunder, Including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non Infringement of third party rights. Customer acknowledges that it has relied on no warranties other than the express warranties in this agreement. This warranty disclaimer is made regardless of whether Company knows or has reason to know of Customer's particular needs. No Company employee, agent, or dealer is authorized to modify this limited warranty, or make any additional warranties. 9. Limitation of Liability. In no event will Company be liable for any consequential, indirect, exemplary, special or incidental damages, including any lost data and lost profits, arising from or relating to this Agreement. Company's total cumulative liability in connection with this Agreement and the services provided hereunder, whether in contract or tort or otherwise, will not exceed the amount of fees paid to Company hereunder. Customer acknowledges that the fees reflect the allocation of risk set forth in this Agreement and that Company would not enter into this Agreement without these limitations on its liability. 10. Network Security Disclaimer 10.1 Internet Security. Company's products may include software that connects to the Internet. The software is designed to operate within Customer's secure network environment. Specifically the software relies fully on the Customer's security measures and implements no further security infrastructure. Company makes no representations or warranties to Customer regarding any 3rd party technologies or service's ability to meet Revised 1/02 Customer's security or privacy needs. This includes but is not limited to operating systems, database management systems, web servers, and payment processing services. Customer is solely responsible for ensuring a secure network environment. 10.2 Remote Access Security. In order to enable development, customer support, and maintenance of the system, Company requires remote access capability. Remote access is normally provided by installing PC- Anywhere, ControlUT, or other industry standard remote access software. It may also be provided through a customer solution such as VPN access. Regardless of what method is used to provide remote access, or who provides remote access software, it is the Customer's responsibility to ensure that the remote access method meets Customer's security requirements. Company makes no representations or warranties to Customer regarding the remote access software's ability to meet Customer's security or privacy needs. Company also makes no recommendation for any specific package or approach with regard to security. Customer is solely responsible for ensuring a secure network environment. 11. Termination. Either party may terminate this Agreement at any time that there is no uncompleted Project in effect upon fifteen (15) days' prior written notice to other party. The parties agree that Customer's failure to pay any undisputed fees is a material breach of this Agreement 12. Government Contracts. In the event that Company shall perform services under this Agreement in connection with any Govemment contract in which Customer may be the prime contractor or subcontractor, Company agrees to abide by all laws, rules and regulations relating thereto. To the extent that any such law, rule or regulation requires that a provision or clause be included in this Agreement, Customer agrees that such provision or clause shall be added to this Agreement and the same shall then become a part of this Agreement. 13. General Provisions. 13.1 Governing Law and Venue. This Agreement will be govemed by the laws of the State of Washington. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought in the federal or state court located in King County, Washington and each party irrevocably submits to the jurisdiction and venue of any such courts in any such action or proceeding. 13.2 Severability. if any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Customer agrees that Section 9 will remain in effect notwithstanding the unenforceability of any provision in Section 8. 13.3 Notices. All notices, consents and approvals under this Agreement must be delivered in writing by courier, by electronic facsimile (fax), or by certified or registered mail, (postage prepaid and retum receipt requested) to the other party at the address set forth beneath such party's signature, and will be effective upon receipt or three (3) business days after being deposited in the mail as required above, whichever occurs sooner. Either party may change its address by giving notice of the new address to the other party, 13.4 Attorneys' Fees. In the event of litigation between Customer and Company conceming the Hardware or this Agreement, the prevailing party in the litigation shall be entitled to recover attomeys' fees and expenses from the losing party. 13.5 Injunctive Relief. A breach of any of the promises or agreements contained in this Agreement may result in irreparable and continuing damage to Company for which there may be no adequate remedy at law, and Company is therefore entitled to seek injunctive relief as well as such other and further relief as may be appropriate. In Witness Whereof, the parties have caused this Professional Services Agreement to be executed by their duly authorized representative. Company: Selectron Technologies, Inc. By: Todd A. Johnston Signed:\ Title: President Date: q 17 Ih� 1 Address:7405 SW Tech Center Drive Suite 140 Portland. OR 97793 Revised 1/02 13.6 Survival. Section 5 "Proprietary Information 6 "Representations and Warranties 7 ("Indemnification"), 8 (Warranty Disclaimer"), 9 "Limitation of Liability"), 10 ("Network Security Disclaimer"), 11 ("Termination and 13 ("General Provisions will survive expiration or termination of this Agreement for any reason 13.7 Waiver. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 13.8 Entire Agreement. This Agreement and the attached Exhibits, which are incorporated herein by reference, constitute the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may be amended only by a written document signed by both parties. The terms on any purchase order or similar document submitted by Customer to Company will have no effect. Customer: Signed: Title: Date: Address: Approved as to� Ofr'ce of the C y EXHIBIT A SCOPE OF WORK VoicePermitsTM Interactive Voice Response Base System Workstation (Summary): Intel Pentium 4 2Ghz Microsoft Windows 2000 Server 768 MB RAM, 40 GB hard drive Microsoft SQL Server CD ROM, 56K Modem, Network Card Remote Access Software RAID I 4 -Port Voice Card $34,900 Basic Modules (including): Schedule an Inspection Speak Site Address Cancel an Inspection Permit Based Messaging Obtain Inspection Results VP Reporting Module Post Inspection Results Design and Development Included On -Site Installation and Training Included One -year warranty on Company provided hardware and software Included From date of System Acceptance Full System Documentation Included Total Solution Cost $34,900 Required Items Not Included in Offering Phone lines and network service required to support the installation Host Interface Revised 1/02 PAYMENT SCHEDULE 25% Invoiced at time of execution of contracts 50% Invoiced at completion of on -site installation 20% Invoiced 30 days after on -site installation 5% Invoiced upon final acceptance The initial invoice is sent at completion of contract negotiations and upon receipt of purchase order enables Company to purchase necessary hardware, fund on -site expenses and invest the technical support hours to design and develop the customized Interactive Voice Response application for your jurisdiction. The second Invoice is sent at the completion of the on -site installation and training phase of the implementation, or when the system is available for customer testing at customer site. The third invoice is sent 30 days after the completion of the on -site installation, which will give the customer the opportunity to carefully test all functions and requirements as defined by the contract and agreed upon call flows. It is the customer's responsibility to supply adequate staff to ensure full testing is completed in a period not to exceed thirty days. The warranty period also begins on this date. The final Invoice is sent after the system has completed the Final Testing and Acceptance. Company will have resolved all issues found during the last phase of testing. If completion of the Final Testing and Acceptance is delayed beyond 30 days, and is not due to any fault of Company, the payment will become immediately due. Taxes: Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable, these taxes will then need to be added to the proposed pricing. Payment Terms: Company expects to receive payment within 30 days of invoice date. Revised 1/02 ADDITIONAL INFORMATION Additional Voice Ports Hardware: 4 -Port Voice Board and application user licenses 8 -Port Voice Board and application user licenses 12 -Port Voice Board and application user licenses 6,000.00 $12,000.00 $18,000.00 Price includes 12 -month parts and labor warranty. Time- and Materials Billing Rates: Company will provide custom programming and non warranty maintenance customer support on a time- and materials basis. Requested design, programming, testing, documentation, implementation work, and customer support approved by Company will be performed at $150.00 per hour. Company will issue a quote and scope of work to the customer. A purchase order must be issued before work can be scheduled or begin. Additional Training and On -Site Support: All travel and associated expenses for the on -site installation work during the initial setup are included in the Base System price. If the customer requests additional on -site work, travel and out -of- pocket expenses will be billed at $1,500 per day (minimum of 2 days) with at least 15 -day notice. If 8 -14 days advance notice is provided the rate increases to $2,000.00 per day and if the notice is less than 7 days the rate increases to $2,500.00 per day. If changes are made to a travel schedule after plans are confirmed, the Customer is responsible for any change fees or price changes incurred for airfare, hotel or car rental. On -Going Support: An annual maintenance contract will be available for purchase following the warranty period, The contract amount will not exceed 10 of the purchase value of the system. Revised 1/02 Revised 1/02 EXHIBIT B STATEMENT OF WORK Overview This statement of work explains the components and services entailed in the VoicePermits interactive voice response (IVR) system. Outlined are the software, hardware and implementation services provided with the purchase of this sytem. Additionally, this document describes your role in providing a suitable environment and facilitating a successful implementation of the VoicePermits IVR system. Deliverables Selectron Technologies Inc delivers and installs a service with the VoicePermits IVR system already configured to your jurisdiction's specifications. This turn-key product interacts with your host database to provide information and services via the phone to your customers. The system provides your customers with an interface to schedule inspections cancel and reschedule inspections and obtain inspection results. Inspectors can use the sytem to post inspection results and receive messages from contractors. Eel -User Tasks Sr•.hedldinntspectinns After users have been issued a permit, they can call VonsPermirr to schedule an inspection. Users can select the inspection type and the day for the inspection. Iaskeoior Tasks FUNCTIONALITY Functionality explains all of the End -User and Administrator tasks. Features are dependant upon the support of the permit host database. Tasks marked by a kin are part of an add-on module. 6/11/03 confidential Canceling and Rescheduling Inspections When an inspection needs to be cane-11M, the user can call VoisPevmits and cancel the inspection. After cancellation, the user is given the option to reschedule the inspection. Obtaining Inspection Results After an inspection, users can call VaaPermits and enter a permit number and inspection type to hear whether the inspection passed or failed. If the inspector has left a voice message for the contractor, it can be played after the inspection results. Leaving Permit Based Messages When an inspection is scheduled the user can leave a voice message for the inspector. The inspector is then notified of the message associated with the inspection when the inspection is assigned. Speak Site Address During inspection scheduling, Voi:emits will speak the site address fot the inspection back to the uses for confirmation. Posting Inspectinn Results After an inspector has completed the inspection, they can call VoitePemdt and enter the inspection results. These results are then imm liptely available fax users who all to obtain results of inspections. Leaving Permit Based Messages After results for an inspection have been entered by the inspector, the inspector may leave a voice message for the contractor. When the contractor calls to hear the inspection results, they can listen to the message associated with the inspection. Admlalstrator Tasks The following is a list of the tasks administrator can perform to configure and update the system for their jurisdiction. VoicePermits 2 of 7 6/11/03 Generating Repnrts Administrators and Operators can generate, view, save, and print system usage reports using Microsoft Internet Explorer® 5, Netscape Navigator® 5, or newer with access to the jurisdiction's Intranet The table below enumerates the tables with their respective definitions. Reports can be saved in PDF from the System Usage Calls received by day for selected date range System Line Usage Calls received by line for selected date range System Usage by hour Action Calls received by hour for selected date range Number of times a menu option was selected for selected date range Permit Permits for a selected date range Inspector All posts by each inspector for a date range confidential Setting Operator Transfer Fxtpnsinq At certain points during a call, the caller may request to be transferred to an opetatot Setting the operator transfer extension tells VoirsPenii where to transfer the tall. VoiaPermitr can transfer to different extensions depending on the time of day and what task the user is performing Once the transfer extensions have been set, VoirePennt wffi transfer calls successfully. Updating Office Hours When a caller requests to be transferred to an operator the system checks against the office hours of the jurisdiction to d if a transfer can be made to a person. Updating Office Hours gives the system the correct guidelines to transfer calls successfully. Setting_Office Holidays When a caller requests a transfer VoiroPerm* checks against the office holiday schedule to determine the action. With the office holidays updated, Vo Peemitrwl7l transfer callers appropriately. ending an 0 Tonal Greeting Appending an Optional Greeting instructs the system to play an additional greeting message when callers are addressed The optional greeting can be used to inform callers of changes in office hours or holidays in the future. Setting Maximum Message length After a ua0er has scheduled an inspection they are given the option to leave a message for the inspector. Setting the Maximum Message Length der- ^^t ^^e a specific amount of time for the message. By setting the maximum message length, you can help to save ros time. VoicePermits 3 of 7 6/11/03 confidential Defining Schedule Days When callers are scheduling inspections, Voice Permits offers a specific number of days ahead for inspections to be scheduled. By Defining Schedule Days, the system knows how many days in the future to schedule inspections. Controlling Administration Access to the IVR Syste To control access to the operation of VoiaPennits the Administator can create and delete administrator accounts, as well as edit account access levels and change the prompt recording access PIN. Access levels can be set to permit only reporting capabilities or to allow full access. Adding New Streets As new streets are added to the jurisdiction, it is impormnt they are added to VaiaPenniss as well. Adding new street names and words requires taw steps: creating the file in the database, then recording the name or word using the telephone. Recnrding Prompts and Responses When there are newly added words to the Word Manager or Prompt Manager, they must be recorded into the system. Recording Prompts and Responses creates an audio recording for use by VoiaPermitr during a call. Each word of phrase has a unique identifying number that is used in recording. After a report is generated showing the numbers of _tied words, you can call the system to record all the words. Checking Current System Status The IVR monitor window displays the status of the IVR system. All lines are displayed with their status and what (if any) actions are taking place during the call. 1 VoicePermits 4 of 7 IMPLEMENTATION PROCESS This section gives a general overview of the implementation process. For a more detailed explanation of the implementation process see the Project Coordinator Project Manasement Implementatioe Assistaece Establish Implementation Timetable The Project Coordinator will provide the jurisdiction with an implementation questionnaire. The questionnaire will be used to better understand the jurisdiction's functional needs as well as provide information for the drafting of an initial call flow diagram representing the IVR system menus and logic. As the call flow design progtesses, the Project Coordinator will work with the jurisdiction to create an implementation timetable. Pmvisinn nf Customer (late As the software is designed for your jurisdiction, certain pieces of information will be useful to aeate a precisely integrated fit The jurisdiction will need to provide the files specified. See' jurisdiction Specific Information" on page 7. Call Flaw Davnlopmant The Project Coordinator will work with the Jurisdiction to complete the call flow design. Software development cannot begin until the call flow design is completed and verified by the jurisdiction. VnicePerm,tsm'Snrver Preparatinn The VoiaPernats host computer will be delivered with the following software configured for your jurisdiction Microsoft Windows 2000® Server Remote access software Microsoft SQL Server 2000 Veit:thug r application sof�wace Cnnfirmatinn nf Pm-Install Taslic The Project Coordinator will provide you with a pre installation checklist At the completion of the checklist, the Project Coordinator will schedule the on -site installation. On -site Implementation The Installation Specialist will provide two days of installation and training for VoiaPr'SsIVR. 6/11/03 confidential System Installation An Installation Specialist will install the VoirePmaiti server. The Installation Specialist will perform any configuration required, and will test the system installation. The customer should have telephony and network staff on stand -by to assist the installation specialist if needed. VoicePoimits 5 of 7 SO -pay System Acceptance Perlot The jurisdiction will have 30 calendar days after an on -site installation to verify the functionality of the VoiaPmvitr system. After the 30-day system acceptance period the System Acceptance Sign-off form must be sent to the Project Coordinator. The end of the 30-day system acceptance period marks the' e g of the one -year warranty. 6/11/63 confidential Training Training for the Administrator will be provided by the Installation Specialist as planned in the Implementation Timetable. Training will also be provided for how to instruct inspectors on use of the system. Voice prompt recording training will also be provided. Domlmentatinn An Administration Guide will be delivered with the on -site installation. Additionally, electronic _:_a of the Administration manual will be sent for training purposes upon request. VoicePermits 6 of 7 CUSTOMER RESPONSIBILITIES This section outlines the software, hardware, and tasks that are not included with the VatPennits IVR system, but must be acquired or performed for the implementation to be successfuL 6/11/03 confidential Database Ac.CHSS The Voice Penaitr serves must have access to the host database and must be allowed access as a user on the database. The jurisdiction will need to provide a license for the VoicePennitr host computes The jurisdiction must purchase the application programming interface (API). Network Accros, The VoiaPnmits host computer must have network access via a 10/100 connection and a fixed IP address. Remote Acres Remote access to the Vok Pennitthost computer should be provided to Selection staff for development and technical support. There are multiple options for how to setup access —The Project Coordinator will help the jurisdiction choose a solution that best fits the situation. Phone lines One analog phone line per port must be provided and installed by the jurisdiction. In order to ensure that incoming calls for a single number ate quickly directed to the open phone lines, the phone lines must be part of a Hunt group. prompts and Responses To enable the jurisdiction control over the tone and style of prompts and responses, it is the responsibility of the jurisdiction to record all of the 1VR's prompts and responses. Training will be provided during installation on how to record prompts and response& Jurisdiction Specific Information The following information is to be provided by the jurisdiction to create a precisely integrated product Pot further clarification on the format and detail of the following data contact your Project Coordinator. Street names Inspection Result Codes and description Permit Status Codes Permit Types Inspection Types and description Validations used for scheduling an inspection Observed holidays Extensions used for the transfer function Permit numbering scheme m VoicePermits 7 of 7 This Selectron Technologies, Inc. "Company Software License Agreement "SLA is a legal agreement between the City of Tukwila, Washington ("Customer") and Company for the software provided to Customer by Company, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation "Software"). By signing below, and/or by installing, copying, or otherwise using the Software, Customer agrees to be bound by the terms of this SLA. 1. GRANT OF LICENSE. Subject to the terms of this SLA, Company grants to Customer, as the only end -user, a non exclusive, non- transferable (except as specifically set forth herein), non assignable, limited license (the "License to install the Software for which Customer has paid a license fee. The License entitles Customer to use the Software at its principal place of business on a single computer or as specifically identified in the Professional Services Agreement, solely for Customer's intemal business use. Except as otherwise notified by Company, the Software may not be used in connection with any software not acquired from Company specifically for use with the Software. 2. OTHER RIGHTS AND LIMITATIONS. Customer may not rent, lease, distribute, sell, assign, pledge, sublicense, loan, timeshare or otherwise use the Software for the commercial benefit of third parties, but Customer may transfer the Software on a permanent basis, provided Customer retains no copies and the recipient expressly agrees in writing to the terms of this SLA. Limitation on Reverse Engineering, Decompilation, and Disassembly. Customer may not reverse engineer, decompile, translate, or disassemble the Software, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity. Other Use Restrictions. Customer may not use the Software for any purpose other than for use on Customer's own internal computer networks, as set forth in this SLA, or make copies of the software, other than a single copy of the Software in machine readable format solely for backup or archival purposes. Notice to Users. Customer shall inform all users of the Software of all terms and conditions of the SLA. Revised 1/02 SELECTRON TECHNOLOGIES, INC. SOFTWARE LICENSE AGREEMENT 3. COPYRIGHT. The Software is licensed, not sold. Title and copyrights in and to the Software (including any images, "applets," photographs, animations, video, audio, music, and text incorporated into the Software), accompanying printed materials, and any copies Customer is permitted to make herein are owned by Company or its suppliers and are protected by United States copyright laws and international treaty provisions. Therefore, Customer must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that Customer may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk, provided Customer keeps the original solely for backup or archival purposes. Customer may not copy the printed materials accompanying the Software without Company's prior written approval. 4. DUAL MEDIA SOFTWARE. Customer may receive the Software in more than one medium. Regardless of the type or size of media Customer receives, Customer may use only the single medium that is appropriate for Customer's single computer. Customer may not use or install the other media on another computer. Customer may not loan, rent, lease, or otherwise transfer the other media to another user, except as part of the permanent transfer of the Software. 5. EXPORT RESTRICTIONS. The Software is subject to the export control laws of the United States and other countries. Customer may not export or re -export the Software without the appropriate United States and foreign government licenses. Customer must otherwise comply with all applicable export control laws and shall defend, indemnify and hold Company and all its suppliers not liable from any claims arising out of Customer's violation of such export control laws. Customer further agrees to comply with the United States Foreign Corrupt Practices Act, as amended. 6. LIMITED WARRANTY. Company warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of one year from the date of the Third Invoice, as that term is defined in the Professional Services Agreement, Ex. A. Any changes or modifications to the Software by any person other than Company voids this limited warranty. THE EXPRESS WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARISING FROM OR RELATED TO THIS AGREEMENT AND ANY SOFTWARE PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT. This warranty disclaimer is made regardless of whether Company knows or had a reason to know of Customer's particular needs. No employee, agent, dealer or distributor of Company's is authorized to modify this limited warranty, or make any additional warranties. 7. CUSTOMER REMEDIES. Company and its suppliers entire liability and Customer's exclusive remedy for breach of this limited warranty shall be, at Company's option, either (a) comply with the Agreement (b) return of the price paid for the Software, or (c) replacement of the Software. The foregoing warranty Is void if failure of the Software results from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever Is longer. Outside the United States, neither these remedies nor any product support services offered by Company are available without proof of purchase from an authorized non -U.S. source. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS SLA. COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS SLA AND THE SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO COMPANY HEREUNDER. CUSTOMER ACKNOWLEDGES THAT THE LICENSE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS SLA AND THAT COMPANY WOULD NOT ENTER INTO THIS SLA WITHOUT THESE LIMITATIONS ON ITS LIABILITY. 8. NETWORK SECURITY DISCLAIMER 8.1 INTERNET SECURITY. Company's products may include software that connects to the Internet. The software is designed to operate within Customer's secure network environment. Specifically the software relies fully on the Customer's security measures and implements no further security infrastructure. Company makes no representations or warranties to Customer regarding any 3rd party technologies or service's ability to meet Customer's security or privacy needs. This includes but is not limited to operating systems, database management systems, web servers, and payment processing services. Customer is solely responsible for ensuring a secure network environment. Revised 1 /02 8.2 REMOTE ACCESS SECURITY. In order to enable development, customer support, and maintenance of the system, Company requires remote access capability. Remote access is normally provided by installing PC- Anywhere, ControllT, or other industry standard remote access software. It may also be provided through a customer solution such as VPN access. Regardless of what method is used to provide remote access, or who provides remote access software, it is the Customer's responsibility to ensure that the remote access method meets Customer's security requirements. Company makes no representations or warranties to Customer regarding the remote access software's ability to meet Customer's security or privacy needs. Company also makes no recommendation for any specific package or approach with regard to security. Customer is solely responsible for ensuring a secure network environment. 9. U.S. GOVERNMENT END USERS. The Software is a "commercial item as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202 -1 through 227.7202 -4 (June 1995), the Software is licensed to any U.S. Government End Users (i) only as a commercial end item and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Manufacturer is Selectron Technologies, Inc., 7405 SW Tech Center Drive, Suite 140, Portland, Oregon 97223, USA. 10. SUPPORT AND MAINTENANCE. Customer may purchase Support and Maintenance by entering into a separate Support and Maintenance Agreement. 11. GOVERNING LAW. This SLA will be governed by the laws of the State of Oregon as such laws apply to contracts between Oregon residents performed entirely within Oregon. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought in the federal or state court located in Multnomah County, Oregon if brought by Customer, or the federal or state court located in King County, Washington if brought by Company, and each party irrevocably submits to the jurisdiction and venue of any such courts in any such action or proceeding. 12. TERM AND TERMINATION. This SLA shall continue indefinitely, unless terminated earlier in accordance with this Section 11. Customer may terminate this SLA at any time by retuming or deleting all copies of the Software in Customer's possession and providing Company written notice that Customer has done so. (No refund will be provided upon such termination). Company may terminate this SLA (and Customer's right to continue to use the Software hereunder) immediately upon written notice if Customer breaches a material term or condition of this SLA, including Customers failure to pay fees when due. Sections 3, 5, 6, 7, 8, 10, 11, 12, 13 and 14 shall survive any termination of this SLA. 13. CONFIDENTIALITY. The Software contains trade secrets and proprietary know -how that belong to Company and is being made available to Customer in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS SLA, IS STRICTLY PROHIBITED AND IS ACTIONABLE AS A VIOLATION OF COMPANY'S TRADE SECRETS. 14. MISCELLANEOUS. Attorneys' Fees. In the event of litigation between Customer and Company concerning the Software or this SLA, the prevailing party In the litigation shall be entitled to recover attorneys' fees and expenses from the losing party. Severablllty, Company: Selectron Technologies, Inc. By: Ted A. ehnstop, Signed: Title: President Date: 9/74 /o3 Address: 7405 SW Tech Center Drive. Suite 140 Portland. Oregon 97223 Revised 1/02 0 any provision of this SLA is unenforceable, such provision will be changed and Interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Customer agrees that Section 7 will remain in effect notwithstanding the unenforceability of any provision in Section 6. Entire Agreement. This SLA constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This SLA may be amended only by a written document signed by both parties. The terms on any purchase order or similar document submitted by Customer to Company will have no effect. Contact Information. Should Customer have any questions concerning this SLA, or if Customer desires to contact Selectron Technologies, Inc. for any reason, please contact us at: Selectron Technologies, Inc., 7405 SW Tech Center Drive, Suite 140, Portland, Oregon 97223, USA, www.selectrontechnolgies.com. Customer: By: Signed: Title: Date: Address: Approved as to Fop- 2 Office of ity Attortf 1. Term: Support and Maintenance Agreement This Support and Maintenance Agreement (this "Agreement") is entered into as of the Acceptance Date between Selectron Technologies, Inc. "Company") and the City of Tukwila, Washington ("Customer"). For the fees specified below, Company will provide to Customer support and maintenance for the Products, as outlined below and as set forth in Exhibit A, for the term of the Agreement. a) The Term of this Agreement shall commence upon the issuance of the Third Invoice (as that term is defined in the Professional Services Agreement, Ex. A) of the Company product(s) to which this Agreement relates (the Products"), and shall end on the last day of the twelfth month following the month of the Acceptance Date. A list of the Products is attached as Exhibit A. b) If this Agreement is entered into after the Acceptance Date, the Customer will be charged for the entire Term commencing on the Acceptance Date. 2. Renewal: a) The Term of this Agreement will automatically renew for successive tenns of one year each unless either party gives written notice of non renewal prior to thirty (30) days before the end of the then current term. b) The Customer shall maintain continuous coverage of its support contracts in order to be eligible for telephone support, and other services provided hereunder. If this Agreement is not renewed and the Customer later decides to reinstate support services, the Customer must pay all fees that would otherwise have been paid had this Agreement been renewed without interruption. c) The Customer may request concurrent expiration dates for support agreements purchased at different times of the year. The Customer must work directly with Company to adjust (prorate) their support coverage so the terms of all such agreements expire concurrently. 3. Termination: This Agreement may be terminated by either party upon ninety (90) days written notice to the other party. Upon termination by Company without cause or by Customer for material breach, Company will refund any fees paid for months subsequent to termination. 4. Fees: The Customer shall prepay Company an annual fee for the support services as set forth in Exhibit A. Revised 1/02 Selectron Technologies, Inc. 5. Support Services: Company shall provide customer support for technical problems that occur when using the Products. This Agreement does not include support of the following Items: a) Altered or modified Software not performed by Company. b) Errors caused the Customer's negligence, or other causes beyond Company's reasonable control. c) Version Upgrades of Third Party Software not provided by Company. d) Enhancements or modifications to current versions performed at the Customer's request and not intended to resolve a product failure. Company Software Developers will directly handle the Customer issues outlined in the following levels of support. 6. Support and Maintenance: Standard Support The fee for Standard Support includes: a. Telephone Support for installation and general use questions during normal business hours (8:30 a.m. to 5:30 p.m. CST, Monday through Friday). b. On -Line technical diagnostic support c. Software correction upgrades d. Use of Company's Toll Free Number e. 1 business day relief goal Premier Sunoort (IVRRWR only) The fee for Premier Support includes: a. Telephone Support for installation and general use questions during normal business hours (7:00 a.m. to 5:00 p.m. PST, Monday through Friday). b. Use of Company's Toll Free Number c. On -Line technical diagnostic support d. Software correction upgrades e. 1 business clay relief goal f. 24 Hours, 7 days per week, 365 days per year support for emergency (system down or inoperable) calls Non emergency calls made after normal business hours will be billed at an hourly rate of 1.5 times the current day tabor rate, with a two hour minimum charge. 7. Hardware Maintenance. Company, at its sole discretion, may use new or refurbished parts for the repair or replacement of any Company provided Hardware. 8. Customer Warranty: Customer shall perform all necessary preventative maintenance as outlined in Company's Administrative Guide. If Customer's failure to perform the required preventative maintenance is determined, in Company's reasonable discretion, to be the cause of any support call, Customer will be billed at the current hourly rate. 9. Response Times: Non emergency support calls will be responded to within one business day, however most calls are handled within two hours of receipt. For Premier Support during non business hours, an answering service takes all support calls. Calls that are placed as an emergency (system down or inoperable) will be dispatched to the on -call support staff for response within four hours. Non emergency calls will be directed to support personnel, and will be responded to the next business day. 10. Customer Contacts: Three customer support contacts are allowed. Additional contacts may be added at any time for an additional $500.00 per contact. Only Customer's customer support contacts may contact Company for support services. Customer's customer support contacts are as set forth on Exhibit A. Customer may change its customer support contacts upon 30 days written notice to Company. 11. Warranty Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED TO CUSTOMER 'AS IS' AND COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. This limitation on liability is made regardless of whether Company knows or had a reason to know of Customer's particular needs. No employee, agent, dealer or distributor of Company is authorized to modify this limited warranty, or make any additional warranties. 12. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING Revised 1/02 FROM OR RELATING TO THIS AGREEMENT. COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID TO COMPANY HEREUNDER. CUSTOMER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. 13. Limited Remedy: If Company materially fails to perform its obligations under this Agreement, and such failure results in downtime of the relevant hardware and software that exceeds 48 hours, Customer's sole remedy, and Company's entire liability, shall be a pro rata refund for the services "Downtime Credit'). In order to receive a Downtime Credit, the Customer must notify Company in writing within 7 days from the time of Downtime. In no event shall any Downtime Credit or the total cumulative damages for a breach of this Agreement by Company be more than the amounts previously paid by Customer under this Agreement in the 12 month period immediately preceding the Downtime Credit or breach. 14. Severability: If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Customer agrees that Sections 12 and 13 will remain in effect notwithstanding the unenforceability of any provision in Section 11. 15. Force Majeure: Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible. 16. Independent Contractors: The relationship between Customer and Company is that of an independent contractor, and neither party is an agent or partner of the other. Customer or Company will not have, and will not represent to any third party that it has, any authority to act on behalf of either party. 17. Applicable Law: This Agreement will be govemed by the laws of the State of Oregon as such laws apply to contracts between Oregon residents performed entirely within Oregon. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement must be brought in the federal or state court located in Multnomah County, Oregon if brought by Customer, or the federal or state court located in King County, Washington if brought by Company, and each party irrevocably submits to the jurisdiction and venue of any such courts in any such action or proceeding. 18. Attorney's Fees: In the event of litigation between Customer and Company conceming this Agreement, the prevailing party in the litigation shall be entitled to recover attorneys' fees and expenses from the losing party. Selectron Technologies, Inc. By: Todd A. Johnston Signed: c st bfC President Title: g hg /OR Address:7405 SW Tech Center Drive Suite 140 Portland. OR 97223 Date: Revised 1/02 19. Survival. Sections 11, 12, 13, 14, 16, 17, 18, 19 and 20 will survive expiration or termination of this Agreement 20. Entire Agreement: This Agreement and the attached Addendum, which are incorporated herein by reference, constitute the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may be amended only by a written document signed by both parties. The terms on any purchase order or similar document submitted by Customer to Company will have no effect. Customer By: Signed: Title: Date: Address: Approved as to Form: Pricing Support Level: Standard Premier Effective Dates: 12 -Month Warranty begins 30 -days after completion of on -site installation Annual Cost: Warranty included in Professional Services Agreement Products and Licenses Revised 1/02 Workstation (Summary): Intel Pentium 4 2Ghz 768 MB RAM, 40 GB hard drive CD ROM, 56K Modem, Network Card RAID I Basic Modules (including): Schedule an Inspection Cancel an Inspection Obtain Inspection Results Post Inspection Results EXHIBIT A Microsoft Windows 2000 Server Microsoft SQL Server Remote Access Software 4 -Port Voice Card Speak Site Address Permit Based Messaging VP Reporting Module Customer Support Contacts Company Name: Address: City: State: Zip' Contact: Email Telephone: Contact: Email Telephone: Contact: Email Telephone: Group Email for all three contacts: ITEM INFORMATION CAS Number: 03-137 I Original Agenda Date 10/27/03 Agenda Item Title: Contract with Charles River Associates Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting Date 1 10/27/03 Meeting Date 10/27/03 COUNCIL AGENDA SYNOPSIS Staff Memo CAP Minutes Meeting Date 10/27/03 Council Admin. X Forward to COW Initials Prepared 1 Mayor's review 1 Council review I SL 1 A415 1 Vic. I I 1 I I I I Charles River Associates has been a consultant to the City for the past two years providing technical review of the parking and transportation related impacts of the Link Light Rail project. Attached is a new contract for your consideration. It is structured as a time and materials contract with a not to exceed amount of $25,000. Not to exceed $25,000 000.08.558.600.41 Planning Division Professional Services RECORD OF COUNCIL ACTION Action APPENDICES Attachments Proposed Contract with Charles River Associates ITEM NO. 5 .b, MEMORANDUM TO: Mayor Mullet Committee of the Whole FROM: Steve Lancaster, DCD Director RE: Proposed Contract with Charles River Associates DATE: October 21, 2003 BACKGROUND Dan Brand of Charles River Associates has been a consultant to the City for the past two years. He has provided technical review of the parking and transportation related impacts of the proposed Link Light Rail project. The original contract amount has been exhausted, however the project has continued to evolve and so the need for his expertise is ongoing. PROPOSED CONTRACT We have drafted a new contract for your consideration, see attached. It is structured as a time and materials contract with a not to exceed amount of $25,000. This is appropriate because the scope of work is to respond to Sound Transit's proposals and aid in the City's parking requirement determination for the 154 Street Station park and ride rather than to produce a specific product. COMMITTEE ACTION Reviewed the draft contract and sent it to the COW for consideration. REOUESTED ACTION Send the contract to the full Council for final approval. Q:U.ight Rail\BrandCOW.DOC Page 1 Community and Parks Committee October 14, 2003 Present: Joan Hernandez, Chair; Jim Haggerton, Joe Duffie Keith Haines, Evie Boykan, Mike Sweeney, Bruce Fletcher, Rhonda Berry, Lucy Lauterbach, Curt Treadwell 1. Regional Affordable Housing_ The State passed legislation in the last Session that allocates new funding for affordable housing from a small surcharge on any property transactions. An interlocal with its agreement for spending funds is needed to adhere to the legislation which states that the funds are to be administered "according to an interlocal agreement between the county and the cities within the county 40% of the funds will be allocated to the State, and Counties cities) will get 60 In King County there will be three sub regions: South King, Seattle, and North/East King County. Another goal of the legislation is that both existing and future needs for affordable housing be addressed. Acquisition, rehabilitation and new construction are the highest priority, then transitional housing operations and maintenance, and then funds for emergency shelters. The process will use County administration so the overhead costs will be low. Tukwila already participates on the HOME Working Group, which will be used to recommend funding projects to the Joint Recommendations Committee. A member from Seattle will be added to the HOME group, since they are not currently represented there. The funds will be used to help house people who are at or below the 50% of median income. Need shall be determined by the 2000 census of people paying over 30% of their income for housing. Planning to meet future affordable housing needs will also need to be included in the funding. Recommend interlocal agreement to Regular Meeting., 2. Contract with Charles River Associates Dan Brand who works for Charles River Associates is one of the foremost experts in the country about transit ridership issues. He has worked on the City's behalf on Sound Transit issues about parking on S. 154`" /TIB. A new contract for his work is $25,000 to help peer review Sound Transit's proposals about parking that are based on their ridership forecasts. Recommend contract to COW. 3. Interactive Voice Response Telephones Permit staff has been using an automated computer program called Permits Plus to track permits. This year's budget included funding to upgrade to a voice response telephone program whereby contractors or people doing permit work can call the system at any time to request an inspection, cancel inspection requests, and hear the results of inspections. The committee wanted to be sure people didn't have to use the system if they preferred to talk to a person, which Steve said they could do. Steve thought it would make customers happy, as well as be easier on staff. Recommend agreement for system to COW. 4. Foster Golf Course Work In April the City let a contract for work on the golf course to be done in conjunction with the clubhouse work. Holes 1, 2, 8, and 9 and the teaching and practice greens were all improved, and the grass is starting to grow on all of them. Mike said the project was completed within budget, though there were five change orders. The change orders had mostly to do with irrigation and soils condition, and some were related to the dirt left over from the clubhouse that the contract had to find a new use for because it came later than originally expected. The final contract price was $354, 660.80. Recommend acceptance of Golf Course project as complete to consent agenda of a Regular Meeting. CONSULTANT AGREEMENT FOR TRANSPORTATION CONSULTING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and Charles River Associates Incorporated, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform transportation consulting services in connection with the City's review of the Link Light Rail project. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "N' attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 30 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $25,000 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement s hall b e t he p roperty o f t he City whether the project for which they are made is executed or not. The Consultant shall be permitted t o r etain c opies, i ncluding r eproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform -ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees 8. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 9. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the 2 City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 12. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 14. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Charles River Associates Incorporated Attn Paul Leuchte, Contracts Manager 200 Clarendon Street T -33 Boston, MA 02116 3 16. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2003. CITY OF TUKWILA Steven M. Mullet, Mayor CONSULTANT By: Q it LJ. j James M Wells Tine :Vice President Controller Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney 4 Exhibit A Scope of Services Charles River Associates will provide technical review, analysis and advice regarding parking demand and transportation impacts related to the proposed Link Light Rail System. These services will include, but not be limited to: reviewing reports submitted by Sound Transit, participating in technical review meetings either in person or by conference call, providing expert testimony at public hearings, performing independent parking demand forecasts and making recommendations to the City on parking and transportation topics. Level Officer -03 Prinicipal -04 Associate Principal -05 Senior Associate -06 Senior Associate -08 Senior Associate -10 Senior Associate -11 Senior Associate -12 Consulting Associate -13 Support-14 Associate -16 Associate -19 Analyst -23 Support-18 Support-22 Support-24 Exhibit B Payment Schedule Charles River Associates will provide services on a Cost Plus 10% Fee Basis per the following schedule. Expenses for travel and outside photocopying will be billed at cost plus General Administrative (G&A). Library search and data acquisition services charges include an amount designed to recover the fixed costs of providing these services. Miscellaneous expenses for telephone, facsimile, on -site copying, courier, shipping, postage and supplies are allocated on a pro rata basis and will be billed at cost plus G &A (14.80 Rate w/o Fee $253.16 $225.37 $197.58 $197.58 $182.15 $157.45 $135.84 $135.84 $101.88 $117.32 $74.09 $77.18 $61.75 $77.18 571.01 $49.40 5 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor's review' Council review I 10/27/03 LL I AA- I .0 I I I I I I I I I I ITEM INFORMATION CAS Number: 03-138 I Original Agenda Date: 10/27/03 Agenda Item Title: Review of the 2004 Budget and 2004 -2009 CIP I Original Sponsor: I Timeline: Sponsor's Summary: Cost Impact (if knnwnl Fund Source (if known) Meeting Date 10/27/03 Meeting Date 10/27/03 Council x Admin. x RECORD OF COUNCIL ACTION Action APPENDICES Attachments Budget memo from L Lauterbach dated October22,2003 ITEM No. Review those budgets and capital plans that have been reviewed in committee I Recommendations: Sponsor: Review budgets Committee: Finance and Safety Utilities and Transportation have all reviewed budgets Administration: To: From: Date: Subject: CIP Water Sewer Three committees have begun their reviews of the budget, with Utilities being the first committee to complete its review. Finance and Safety and Transportation have also reviewed budgets. There will be no budget review November 10` as Alan Doerschel will be absent. However, if committees continue to make good progress in reviewing their budgets, early adoption of the budget could be possible. Finance and Safety Revenues City Council Mayor Sister City Committee Equity and Diversity Library Advisory Board Surface Water Transportation Residential Streets Commercial Streets City Council Lucy Lauterbach October 22, 2003 Council Review of Budgets and CIP Budget pp. 2 -21 26 -28 29 -32 33 37 42 Utilities The committee wanted to be clear that Council knew of some caveats that appear if the 2003 and 2004 CIPs are compared. There is a new project named West Valley/Interurban Deep Main Replacement in Water on P. 92 of the Water CIP. New Water Supply (Cascade) shown in the 2003 -2008 Water CIP has been moved from the CIP into the budget, so it does not show up in the 2004 CIP. 2003 West Valley Hwy System Abandonments project (p. 83) was finished in 2003. Projects do not have specific budget numbers unless they are budgeted in 2004. Both water and sewer "utility" plans were changed to "comprehensive" plans. The Duwamish Basin Study in Surface Water is a placeholder only, with no funding. Budget Public Works Dept pp. Utilities Water Utility Sewer Utility 158 -159 Water /Sewer Construct 160 -161 Water /Sewer/Revbonds 162 Bond Reserve 163 Surface Water 168 -171 Residential Streets Bridges Street Equipment Rental 117 -131 155 156 -157 132 133,138 -139 140 -142 175 Oct. 26th Daylight Savings Time Ends Nov. 4th General Election Day llth— Veterans Day (City offices closed) 27th 28th Thanksgiving break (City offices closed) Dec. 25th Christmas Day (City offices closed) Tentative Agenda Schedule 6 13 3 10 Appointments: Equity Diversity Commission: Falicia Green, Pos. #2, term expires 7/31/05 (fills vacancy) Tracy Salas, Pos. #8, term expires 7/31/03 (fills vacancy) Unfinished Business: Review of 2004 Proposed Budget 1 8 20 27 17 24 Public Hearing: Proposed 2004 Budget and Financial Planning Model 15 22 29 SEE AGENDA PACKET FOR THIS WEEK'S AGENDA. 5TH MONDAY OF THE MONTH; no Council Mfg scheduled Weekly Meeting Community Events Calendar City Meeting a$ OCTOBER/NOVEMBER a$ Community Event Information distributed by The Office of the Ciry Clerk; Jane E. Cantu, CMC, Ciry Clerk; Bob Baker, CMC, Deputy City Clerk 127 Monday >Transportation, Cmte, 5 PM >City Council COW Mtg., 7 PM 4-Tukwila Citizen Patrol, 7 PM 1 =3 Monday >Finance Safety Cmte, 5 PM >City Council Regular Mtg., 7 PM 28 Tuesday >Community Affairs Parks Cmte, 5:15 PM 4:' Tuesday 4-Chamber of Commerce Luncheon, Noon >Arts Cmsn, 5 PM >Utilities Cmte, 5:15 PM GENERAL ELECTION DAY 1 29 Wednesday 1 30 Thursday 1 31 Friday 1 1 (Nov) Sat 2 Sun 4-Tukwila Community Cares Network, 9 AM DEDICATION OF CASCADE VIEW PARK (14211 37th Ave. S.) Noon to 1:00 PM Refreshments provided 1 5 Wednesday 1 16 Thursday K 7` Friday 1 8 Sat 9 Sun 1 >Equity Diversity Commission, 5:15 PM X Meeting/Event Details 3 City Council Sub -Cote Mtgs at Tukwila City Hall, 6200 So.Ctr. Blvd; TCC Tukwila Comm. Center, 12424 42nd Av. S. Arts Commission (1st Tue), 5 PM. TCC, contact Nancy Kennedy/Bruce Fletcher 206 767 -2342. City Council Committee of Whole (COW) Meeting (2nd 4th Mon), 7 PM. Council Chambers. City Council Regular Meeting (1st 3rd Mon), 7 PM. Council Chambers, Community Affairs Parks Cmte (2nd 4th Tues), 5:15 PM. Conf Rm #3. (10/28/03 Mtg.: Recreation fee resolution, Proposed 2004 Budget review, third quarter reports.) Finance Safety Cmte (1st 3rd Mon), 5 PM. Conf Rm #3, Transportation Cmte (2nd 4th Mon), 5 PM. 6300 Southcenter Blvd. Conf Rm #1. (10/27/03 Mtg.: Street name change request from Museum of Flight, Proposed 2004 C1P and Budget review, third quarter reports.) Utilities Cmte (1st 3rd Tues), 5:15 nm. 6300 Southcenter Blvd. Conf Rm #1. Civil Service Commission (2nd Mon), 5 PM. Conf Rm #3.-contact Bev Willison 206 -433 -1844. Community Oriented Policing Citizens Advisory Board (COPCAB) (2nd Wed), 6:30 PM. Conf Rm M. contact Marja Murray 206433 -7175. Equity Diversity Cmsn (1st Th).. 5:15 PM. Showalter Middle School Library call Lucy Lauterbach 206 -433 -1834. Human Services Adv. Brd (every other 2nd Fri).. 10 AM. Human Srvcs Conf Rm, call Evie Boykan 206 -433 -7180. Human Services Providers. 11:30 AM: 3/21. 6/20.9/19. 12/5 (tentative). TCC. call Evie Boykan 206 -433 -7180. Parks Commission (3rd Wed), 5:30 PM. TCC Sr. Game Rm. contact Nancy Kennedy/Bruce Fletcher 206 767 -2342. Planning Commission/Board of Architectural Review (Public Hrg on 4th Th; Nov Dec 2nd Th), 7 PM Council Chambers. contact Wvnetta Bivens 206431 -3670. 4- Apartment Mgrs' Network Lunch (3rd Wed), 11:30 AM. (brine own lunch). TCC. contact Robbie Burns 206 242 -8084. 4- Chamber of Commerce, Tukwila Community Affairs "Chamber Luncheon" (1st Tue).. Noon. Chamber Offices. contact Nancy Damon 206 -575 -1633. 4- Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM. Foster HS Main Parking Lot. Chipper Days help you dispose of prunings and other plant materials that can't be removed from the Longhomed Beetle quarantine area. Drive your truckload of materials to the parking lot and well help unload, chip, and dispose of it free of charge. Be sure to bring ID w /quarantine area address. 4- Domestic Violence Task Force (3rd Th), Nnon -1:30 PM. Conf Rm #5 contact Evie Boykan 206 -433 -7180 or Keith Haines 206433 -1827. 4- Hwy 99 Action Cmte (2nd Tue), 7 PM. TCC, contact Keith Haines 206433 -1827. 4- Tukwila Citizen Patrol (4th Mon), 7 PM. TCC. contact Everett Parr 206 762- 9219/Roy Steinauer 206 243 -9191, email: Tukcp @hotmail.com. 4 Tukwila Community Cares Network (4th Wed), 9 AM. Suite 212 Conf Room. contact Michael Silver 206 -901 -8000.