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HomeMy WebLinkAboutContract CAG-11-094 `neroovsoiuti®ns Government Connected Solutions 1 Contract Number– eCG-011011-1tEN MIMUS.Oft•_-. • This Master Customer Agreement is made and entered into as of the Effective Date(defined below) and between: EnerGov Solutions, LLC ("EnerGov"), a Georgia limited liability company located at 2160 Satellite Blvd, Suite 300, Duluth, Georgia 30097, and City of Renton,Washington ("Customer"), located at 1055 S. Grady Way, Renton,Washington 98057. EnerGov Solutions and Customer hereby agree as follows: This Master Customer Agreement("Agreement")consists of this signature page,the Terms and Conditions as Exhibit A attached hereto,the Proposal as Exhibit B attached hereto,the Statement of Work as Exhibit C attached hereto, the eCityGov RFP Exhibit D attached hereto, the EnerGov response to the eCityGov RFP as Exhibit E attached hereto, Insurance Certificate and Endorsement as Exhibit F attached hereto, and Source Code Escrow Agreement as Exhibit G attached hereto, and the Software Support Agreement as Exhibit H attached hereto. This Master Customer Agreement and that certain Software Support Agreement constitute the entire agreement between the parties on the subject hereof and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals,written or oral. This Master Customer Agreement does not operate as an acceptance of any conflicting or additional terms and conditions and shall prevail over any conflicting or additional provisions of any purchase order, RFP or any other instrument of Customer, it being understood that any purchase order or RFP issued by Customer shall be for Customer's convenience only. This Master Customer Agreement may not be amended, modified, supplemented, or deviated from,except by a writing executed by authorized officials or employees of EnerGov and Customer. By executing this Master Customer Agreement, Customer and EnerGov acknowledge that they have reviewed the terms and conditions of this Master Customer Agreement and agree to be legally bound by the same. Effective Date of the Master Customer Agreement: Ma4d 6 of ("Effective Date") EnerGov: Customer: EnerGov Solutions C City of 4nton.,Washington By: By: (Print Name): /JR4 /yv'-^-I�— (Print Name): Denis Law Title: 'U�' / �`,-� �r �"ss12a--Title: Mayor Date: Gr % (Z z0 al, Date: //,7 f� 1 Attest: Bonnie I.Walton, City Clerk Approved a egal Form: By Lawrence J. 44 Warren, City Attome Confidential Information-Do Not Distribute 2010 EnerGov Solutions,LLC • Exhibit A Terms and Conditions Governing Master Customer Agreement Contract Number—eCG-011011-REN "Designated System" means the Customer's computer and These Terns and Conditions are entered into by and between hardware operating systems which meet or exceed the EnerGov Solutions,LLC and Customer as of the Effective Date minimum specifications set forth by EnerGov in the EnerGov as set forth on the Master Customer Agreement signature page response to the eCityGov Alliance RFP but may be changed to which these Terms and Conditions are attached. from time to time to care for aging platforms that are no longer supported by the providers or to adapt to new 1. Definitions. In addition to any other terms defined in this technologies such as but not limited to cloud computing or Agreement, the following capitalized terms shall have the new mobile devices. EnerGov agrees that it will notify following meanings: Customer in advance and will be reasonable in providing "Agreement" means the Master Customer Agreement and sufficient advance notice and in the revised minimum shall include the signature page of the Master Customer specifications. Agreement, these Terms and Conditions, the Proposal "Documentation" means the eCityGov RFP, the EnerGov and any other schedules, attachments or addenda to response to the eCityGov RFP, the Statement of Work, user which the parties have agreed and are listed on the documentation, operating manuals, training manuals, Master Customer Agreement. reference manuals, and other documentation from the "Acceptance" means the EnerGov Software has been following (written presentations, software brochures, installed, configured, has been placed into production whitepapers,and clarification emails). Documentation can be use, and Customer has agreed in writing that the delivered to Customer in any format suitable for electronic EnerGov Software is performing in accordance with the viewing or paper-based viewing. Documentation, except for minor or inconsequential "EnerGov Software" means any and all EnerGov software as errors. listed in the Proposal, excluding public access portals via the "Acceptance Date" means the date on which Customer Internet. • provides written notification of Acceptance. "Fees"means all fees and expenses payable to EnerGov pursuant "Affiliate" means a person or organization contractually to this Agreement. associated with Customer for purposes of providing or "Go-Live" means the production use of the licensed EnerGov assisting with services to the Constituency or for which Software where the Customer is using the software to manage Customer directly or indirectly provides administrative its normal operations. services to that agency or organization. "Major Release" means a revision to the EnerGov Software "Alliance Partner" means a person or organization indicated by a change in the first digit of the version number. contracted to provide Constituency services to allied "Minor Release" means a revision to the EnerGov Software municipalities. indicated by a change in the second digit of the version "Business Partner" means a person or entity that requires number. access to the EnerGov Software or Documentation in "Object Code"means the binary machine-readable version of the connection with the operation of Customer's or its EnerGov Software. Affiliates'business. "Public-Access Portal"means a web page designed and intended "Citizen User" means citizens who access EnerGov data for citizens to requests permits, licenses or other information through designated public-access portals. issued by Customer. "Concurrent User" means User accessing or operating the "Products"means the EnerGov Software and Documentation. EnerGov NET Enterprise Business Software "Proposal" means the EnerGov software license and services simultaneously with other Users of the software. proposal attached to and incorporated into the Master "Constituency" means citizens and other members of the Customer Agreement to which these Terms and Conditions public to whom municipal services are provided. are attached. "Customer" means the entity executing the Master "Release"means either a Major Release or Minor Release issued Customer Agreement with EnerGov to which these by EnerGov with respect to EnerGov Software. Terms and Conditions are attached. "Services" means the Installation Services, Training Services, "Deliverables" means the Products, Services, and/or any additional services to be provided to Customer Documentation, Statement of Work, and other pursuant to and in accordance with this Agreement. Deliverables as identified in the Statement of Work. "Standard Rates" means the standard rates EnerGov charges for out-of-scope or other additional work or tasks or other efforts �CG-011011-REN Customer Initials: EnerGov Initials: not described in the Statement of Work(see Schedule 1 source code or other technical material relating to the • for initial Standard Rates). EnerGov Software,except that Customer has the right to take "Users" means the employees of Customer, employees of such action, directly or through an Affiliate or contracted Customer's Affiliates, and employees of Alliance third party, should EnerGov or its Assignee no longer sell or Partners permitted to use the EnerGov Software as support the Software in any version and such actions are described in Section 2 below. needed for Customer or its Affiliates to continue their productive use of the Software to run their business. 2. License of EnerGov Software. Customer shall not allow any third party to have access to the 2.1 Subject to these Terms and Conditions, including, EnerGov Software or Documentation without EnerGov's without limitation, the payment of all Fees, EnerGov prior written consent, which shall not be unreasonably hereby grants to Customer and Customer accepts a withheld. Customer shall not remove any proprietary notices perpetual, irrevocable, non-exclusive, non-transferable, on the EnerGov Software and Documentation and shall affix non-assignable license: all proprietary notices affixed to the EnerGov Software and (i) To use only in the United States, and allow Users to Documentation delivered to Customer to all copies of the use, the EnerGov Software in executable Object EnerGov Software and Documentation permitted to be made Code form only, on the Designated System for hereunder. Customer's internal, in-house purposes only to 3.2 All patents, copyrights, circuit layouts, mask works, Trade process Customer's or its Affiliate's data for Secrets,and other Proprietary Information in or related to the transaction and reporting purposes; EnerGov Software and Documentation are and will remain (ii)To make multiple non-operational copies of the the exclusive property of EnerGov, whether or not EnerGov Software solely for training, development, specifically recognized or perfected under the laws of the testing,disaster recover,backup or archival purposes jurisdiction in which the EnerGov Software or Documentation only; is used or licensed. Customer will not take any action that (iii)To use the Documentation as reasonably necessary jeopardizes EnerGov's proprietary rights or acquire any right for its internal use in connection with the EnerGov in the Software, the Documentation or other items of Software license granted pursuant to this Agreement; Proprietary Information. EnerGov will own all rights in any and copy, translation, modification, adaptation, or derivation of (iv)that Customer may not have more than the number of the EnerGov Software, Documentation or other items of . Concurrent Users set forth in the Proposal. Proprietary Information, including any improvement or (v) provided, however, that no limit shall be placed on development thereof. Customer will obtain, at EnerGov's the number of Citizen Users accessing the EnerGov request, the execution of any instrument that may be data through designated public-access portals. appropriate to assign these rights to EnerGov or perfect these rights in EnerGov's name. 2.2 Except as explicitly provided in this Section 2, no 3.3In the event Customer requests and EnerGov agrees to develop license under any patents,copyrights,trademarks,Trade any Modification or Extension (hereinafter referred to as Secrets,or any other intellectual property rights,express "Customer Extension" or "Customer Modification") to the or implied, are granted by EnerGov to Customer under Software, Customer shall have all rights, title, and interest in this Agreement. such Customer Modification or Customer Extension subject to EnerGov's rights in the Software. Customer agrees to offer 3. Ownership;Reservation of Rights. EnerGov the first right to negotiate a license to or assignment 3.1 EnerGov reserves all rights not expressly granted herein. of such Customer Modification or Customer Extension and Customer, its Affiliates and its Alliance Partners may the parties agree to negotiate such rights in good faith. use the EnerGov Software and Documentation only to EnerGov agrees that such Customer Modification or Customer process Customer's Constituency data and may not, and Extension will be used solely in connection with Customer's shall not permit any third party to, (i) use the EnerGov business operations, and that such Customer Modification or Software or Documentation for time-sharing, rental, or Customer Extension will not be marketed, licensed or service bureau purposes; (ii) copy (except as permitted sublicensed, sold, assigned, or otherwise transferred or made in this Agreement), sublicense, distribute, transfer, or available to any third party or other entity without prior transmit the EnerGov Software and Documentation, written agreement from Customer. except as permitted in this Agreement or as otherwise agreed to in writing by both parties; or (iii) translate, 3ANotwithstanding Section 3.3, eCityGov Alliance owns the reverse engineer, decompile, recompile, update, ( ) intellectual property for the MyBuildingPermit.com portal and disassemble, or modify all or any part of the EnerGov any related interfaces, Modifications or Extensions to the Software and Documentation (including without Software from the MyBuildingPermit.com portal. limitation, any source code) or obtain possession of any eCG-011011-REN SCustomer Initials: 2 EnerGov Initials: �4 4. Installation Services. (iv)the amounts incurred by EnerGov for travel and travel • 4.l EnerGov will deliver the EnerGov Software to Customer related expenses. EnerGov agrees that such expenses shall and install and configure such EnerGov Software be approved by Customer in advance, and shall be ("Installation Services") in accordance with the reasonable and compliant with Customer's travel policies. Statement of Work and the Proposal, and for the Fees 7.2 The aggregate sums of the Fees described in Section 7.1 shall set forth on, the Proposal. Notwithstanding the be paid strictly in accordance with the payment schedule foregoing, all quoted installation dates, including dates attached hereto as Schedule land upon receipt of Customer's related to terms such as "Installation", and"Completion written completion of each phase of the implementation Upon of Training", on any Proposal or otherwise, are advance written notice to Customer, EnerGov may permit a estimates only. third party to bill the Customer and may direct Customer to 4.2The Installation Services shall not include any pay the Fees to a third party. modifications to the EnerGov Software beyond what is 7.3 Any Services provided by EnerGov at the request of,and with described in the Proposal. Except as expressly provided the approval of Customer that are not listed or described in in the Proposal, any modifications to the EnerGov the Statement of Work and/or Proposal shall be provided at Software requested by Customer and agreed upon by EnerGov's current standard rates as listed in Schedule 1. EnerGov shall be provided at EnerGov's current time Additionally,Customer shall reimburse EnerGov for all other and materials rate. expenses reasonably incurred in rendering on-site Services to 4.3EnerGov warrants that its products are delivered free of Customer. All time, materials and other expenses to be viruses,malware or other similar dysfunctional software invoiced to Customer by EnerGov or its subcontractors must not intended to be included in EnerGov software be approved in advance by Customer. provided to Customer. EnerGov.agrees to promptly 7.4 All Fees payable to EnerGov under this Agreement are net correct any such deficiency at no charge. amounts to be received by EnerGov, exclusive of all taxes, 4.4 EnerGov warrants that each phase of the Installation whether federal, state, or local,however designated,that may Services will be performed diligently and in a timely be levied or based upon this Agreement or upon the manner by experienced and competent personnel with Deliverables furnished hereunder (collectively, the "Taxes") the care and skill ordinarily exercised by members of the and are not subject to offset or reduction because of any profession practicing under similar conditions at the Taxes incurred by Customer or otherwise due as a result of same time and in the same or similar situation in this Agreement. Customer shall be responsible for and shall accordance with applicable professional standards. pay directly, any and all Taxes relating to the performance of • Customer may request and receive alternate personnel in this Agreement, provided that this paragraph shall not apply accordance with Section 34 of this agreement and any to (i)taxes based upon the net worth, gross or net income of non-conforming phase shall be timely re-performed. EnerGov(ii)taxes based upon the franchise of EnerGov, (iii) taxes based upon any equipment or software, other than that which is licensed in this Agreement, which are owned or 5. Training Services. EnerGov will provide on-site training licensed by EnerGov, or (iv) taxes paid by or for any services ("Training Services"), if any, in accordance with, employee of EnerGov. Customer reserves the right to review and for the Fees set forth on, the Proposal. EnerGov and the tax charges and, in no event, will be responsible to pay Customer shall schedule a mutually agreeable time to more than is appropriate or actually paid under applicable conduct the Training Services. law. EnerGov will pass on to Customer any tax refunds received or reimbursed with respect to the Customer's 6. Support Services. Any EnerGov Software support services previous payment(s). ("Support Services") shall be provided to Customer if 7.5 All sums payable to EnerGov, except those in dispute, Customer enters into a separate EnerGov Software Support pursuant to these Terms and Conditions which are past due Agreement("Support Agreement"). shall accrue interest at the rate of 1%per month or the highest legal rate allowed whichever is less, commencing with the 7. Fees,Expenses,and Payment. date on which the payment was due. 7.1 Customer agrees to pay to EnerGov: 7.6 Customer has the right to withhold payment for non- (i) the fees for the license of the EnerGov Software conformance to professional standards, excessive or ("License Fees") in the amounts set forth on the unauthorized costs, or defects in deliverables until remedied, Proposal; and no interest or late fees shall apply to such withholdings. (ii)the fees for the Training Services ("Training Fees") in the amounts set forth on the Proposal; 8. Confidentiality. (iii)the fees for the Installation Services ("Setup and 8.1 For the purposes of this Agreement, (i) "Proprietary Installation Fees") in the amounts set forth on the Information" means Trade Secrets and Confidential Proposal;and Information; (ii) "Trade Secrets" shall have the meaning CG-011011-REN SCustomer Initials: ��- 3 I EnerGov Initials: 1 w i I assigned thereto in Section 19.108.010 of the Revised any purpose other than solely as permitted in this Agreement. • Code of Washington, as amended from time to time; Both parties shall take all actions necessary to protect the and (iii) "Confidential Information" shall mean any Proprietary Information against any unauthorized disclosure, confidential and proprietary material, data, or publication or use. Customer and EnerGov shall immediately information(in whatever form or media) of either party notify the other party of any intended or unintended which is of a special and unique nature and has tangible unauthorized disclosure,publication or use of any Proprietary or intangible value including without limitation all non- Information by the other party or any third party of which public information pertaining to the Deliverables and either party become aware or reasonably should become information concerning or related to the business of aware. either party that could be used as a competitive 8.3 Notwithstanding Section 8.2 hereof, in the event that either advantage by competitors if revealed or disclosed to party becomes legally compelled ("Compelled Party") (by such competitors or to persons revealing or disclosing deposition, interrogatory, request for production of same to such competitors. Both parties agree to hold documents, subpoena, civil investigative demand or similar such information in strictest confidence using the same process) to disclose any of the Proprietary Information, the degree of care as they employ with respect to their own Compelled party shall provide the other party with prompt confidential information. Both parties agree not to prior written notice of such requirement so that the other party copy,reproduce,sell, license,market,give or otherwise may seek a protective order or other appropriate remedy, and disclose such information to third parties other than the Compelled Party will cooperate fully with the other their attorneys, SoftResources LLC and as otherwise party's efforts to obtain any such order.or other remedy. In specifically provided herein, or to use such information the event that such protective order or other remedy is not for any purpose whatsoever,without the express written obtained, the Compelled Party will furnish only that portion permission of the other party, other than for the of the Proprietary Information which the Compelled Party is performance of obligations hereunder or as otherwise advised by written opinion of counsel is legally required, and agreed to herein. The obligations of confidentiality and shall not be deemed to have breached Section 8.2 hereof non-disclosure imposed shall not apply to the following because of such limited disclosure of such Proprietary data and information(i)that was already known to that Information. party prior to the date of disclosure to that party, (ii) which is published or otherwise becomes available to 9. Limited Warranty and Disclaimer. • the general public as part of the public domain without 9.1 ENERGOV WARRANTS THAT ON THE breach of this Agreement,(iii)provided by a third party ACCEPTANCE DATE, WHICH WILL NOT BE UNDULY which is not known to involve a breach of the third DELAYED, THE ENERGOV SOFTWARE FURNISHED party's obligations to Customer or EnerGov,(iv)which HEREUNDER SHALL BE FREE FROM SIGNIFICANT the receiving party establishes was developed PROGRAMMING ERRORS AND FROM MATERIAL independently of confidential information furnished to DEFECTS IN WORKMANSHIP AND SHALL OPERATE it or (v) that is required to be disclosed to any court, AND CONFORM TO THE REQUIREMENTS IDENTIFIED government authority or regulatory authority or IN THIS AGREEMENT. CUSTOMER'S SOLE REMEDY pursuant to requirement of law,including but limited to FOR FAILURE OF ENERGOV TO MEET THIS WARRANTY as required by state disclosure laws. REQUIREMENT SHALL BE A TIMELY REFUND OF ALL 8.2 Both parties agree that, at all times during the term of PREVIOUSLY PAID ENERGOV SOFTWARE FEES, this Agreement, and (i) with respect to all Proprietary WHERE "TIMELY" MEANS NOT GREATER THAN ONE Information constituting Trade Secrets, for so long YEAR FROM THE DATE OF CUSTOMER'S NOTICE TO thereafter as such Proprietary Information continues to ENERGOV OF A WARRANTY FAILURE AND WHICH constitute Trade Secrets (or for the period beginning on ENERGOV HAS FAILED TO CORRECT. THE CITY WILL the last day of the term of this Agreement and ending on PROVIDE ACCEPTANCE i) IF NO WARRANTY FAILURE the fifth(5th) anniversary thereof,whichever is longer), IS DOCUMENTED IN WRITING TO ENERGOV FOR THE and (ii) with respect to all Proprietary Information not 30-DAY PERIOD IMMEDIATELY FOLLOWING "GO constituting Trade Secrets, for the period beginning on LIVE", OR ii) IF, AT ANY TIME BEFORE ACCEPTANCE, the last day of the term of this Agreement and ending on A WARRANTY FAILURE IS DOCUMENTED IN WRITING the fifth (5th) anniversary thereof, Customer and TO ENERGOV AND HAS BEEN RESOLVED, THEN EnerGov(A) shall hold such Proprietary Information in THIRTY DAYS THEREAFTER. strict confidence, (B) shall not directly or indirectly disclose, divulge or publish to any third party any of such Proprietary Information, and (C) shall not directly 9.2 AFTER THE ACCEPTANCE DATE AND EXCEPT AS or indirectly, on behalf of the other party or any other EXPRESSLY PROVIDED IN THIS AGREEMENT, third party, use any of such Proprietary Information for ENERGOV MAKES NO OTHER WARRANTIES, CG-011011-REN Customer Initials: 4 EnerGov Initials: REPRESENTATIONS, OR GUARANTEES, WHETHER components of the EnerGov Software less a prorated • EXPRESS OR IMPLIED, ARISING BY LAW, allowance for the period of time Customer has used the CUSTOM, ORAL OR WRITTEN STATEMENTS, OR EnerGov Software up to 7 years from Go-Live of the OTHERWISE, WITH RESPECT TO THE ENERGOV component. SOFTWARE, DOCUMENTATION OR SERVICES OR 10.4 Notwithstanding the foregoing provisions of this Section 10, THEIR CONDITION, MERCHANTABILITY, FITNESS EnerGov will have no obligation or otherwise with respect to FOR ANY PARTICULAR PURPOSE OR USE BY any infringement or misappropriation claim based upon (i) CUSTOMER, NONINFRINGEMENT, OR OF ERROR any use of the EnerGov Software not in accordance with this FREE AND UNINTERRUPTED USE, ALL OF WHICH Agreement or for purposes not intended by EnerGov, (ii)any ARE HEREBY EXCLUDED AND DISCLAIMED IN use of the EnerGov Software in combination with other ALL RESPECTS. products, equipment, software or data not supplied by EnerGov, (iii) any use of any Release of the EnerGov 10.Proprietary Rights Indemnification. Software other than the most current Release available to 10.1 EnerGov will indemnify, hold harmless and defend EnerGov customers, or(iv) any modification of the EnerGov any action brought against Customer to the extent that it Software made by any person other than EnerGov. is based upon a claim that the Software or related Documentation provided by EnerGov and used within 11.General Indemnity. the scope of this Agreement infringes upon a copyright, patent, or third party right and EnerGov will assume at 11.1 If a claim, demand or cause of action arises from the negli- the time incurred, and pay all costs, damages, gent act or failure to act or intentional wrongful act of one of liabilities, losses and attorney fees attributable to such the parties hereto, or its officers, agents or employees, then claim. that party shall indemnify,defend and save the other party and 10.2 EnerGov's obligations under Section 10.1 with respect its officers, agents and employees harmless there from; to an action are conditioned on (i) Customer notifying provided, however, that such provision shall not apply to the EnerGov promptly in writing of such action, (ii) extent that damage or injury arises from the fault of the other Customer giving EnerGov sole control of the defense party, its officers, agents or employees. In the case of thereof and any related settlement negotiations except negligence of both EnerGov and Customer, any damages that Customer retains the right to choose separate legal allowed shall be levied in proportion to the percentage of • counsel in its defense and neither party shall have the negligence attributable to each party,and each party shall have authority to bind, obligate or commit the other party by the right to seek contribution from the other party in any representation or promise without the prior written proportion to the percentage of negligence attributable to the approval of the other party and (iii) Customer other party. cooperating with EnerGov in such defense (including, 11.2 EnerGov shall protect,defend,indemnify and save harmless without limitation, by making available to EnerGov all Customer, its officers,employees and agents from any and all documents and information in Customer's possession or costs, claims,judgments or awards of damages, arising out of control that are relevant to the infringement or or in any way resulting from the negligent acts or omissions of misappropriation claims, and by making Customer's EnerGov. EnerGov agrees that its obligations under this personnel available to testify or consult with EnerGov or subparagraph extend to any claim, demand, and/or cause of its attorneys in connection with such defense). EnerGov action brought by, or on behalf of, any of its employees or agrees to pay Customer for all reasonable expenses for agents. For this purpose, EnerGov, by mutual negotiation, its cooperation in assisting EnerGov in such defense, hereby waives, as respects the Customer only, any immunity including but not limited to providing copies of that would otherwise be available against such claims under documentation, and making personnel available to the Industrial Insurance provisions of Title 51 RCW. In the testify or consult with EnerGov in connection with such event Customer incurs any judgment, award, and/or cost defense. arising there from including attorneys' fees to enforce the 10.3 If the EnerGov Software becomes, or in EnerGov's provisions of this article, all such fees, expenses and costs opinion is likely to become, the subject of an shall be recoverable from EnerGov. infringement or misappropriation claim, EnerGov may, 11.3 Customer shall protect,defend,indemnify and save harmless at its option and expense, either timely (i) procure for EnerGov, its officers, employees and agents from any and all Customer the right to continue using the EnerGov costs, claims,judgments or awards of damages, arising out of Software, (ii) replace or modify the EnerGov Software or in any way resulting from the negligent acts or omissions of with equivalent non-infringing software, or (iii) Customer. Customer agrees that its obligations under this terminate Customer's right to use the EnerGov Software subparagraph extend to any claim, demand, and/or cause of and give Customer a refund or credit for the License action brought by, or on behalf of, any of its employees or Fees actually paid by Customer for the infringing agents. For this purpose, Customer, by mutual negotiation, CG-011011-REN Customer Initials: 5 EnerGov Initials: hereby waives, as respects EnerGov only, any immunity SAVINGS OR OTHER BENEFITS, DAMAGE TO • that would otherwise be available against such claims EQUIPMENT, AND CLAIMS AGAINST CUSTOMER BY under the Industrial Insurance provisions of Title 51 ANY THIRD PERSON; (II) DAMAGES (REGARDLESS RCW. In the event EnerGov incurs any judgment, OF THEIR NATURE) FOR ANY DELAY OR FAILURE award,and/or cost arising there from including attorneys' BY ENERGOV TO PERFORM ITS OBLIGATIONS fees to enforce the provisions of this article, all such UNDER THIS AGREEMENT DUE TO ANY CAUSE fees, expenses and costs shall be recoverable from BEYOND ENERGOV'S REASONABLE CONTROL; OR Customer. (III) CLAIMS MADE A SUBJECT OF A LEGAL 11.4 Where EnerGov is found to be at fault, EnerGov will PROCEEDING AGAINST ENERGOV MORE THAN TWO indemnify, defend, and hold Customer (and its elected YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST officials, officers, employees, successors, assigns, AROSE, EXCEPT IF ENERGOV IS THE CAUSING insurers, licensees, distributors, independent contractors, PARTY TO SUCH CLAIM. and agents) harmless from all claims, damages, losses, 13.2 NOTWITHSTANDING ANY OTHER PROVISION OF and expenses (including reasonable attorneys' fees THIS AGREEMENT, BUT EXCLUDING ANY CLAIMS incurred on such claims and in proving the right to FOR INDEMNIFICATION UNDER SECTION 10.1, indemnification) arising out of or resulting from any LIABILITIES OF ENERGOV (AND ITS DIRECTORS, claim, action, or other proceeding that is based upon (a) OFFICERS, OR EMPLOYEES) UNDER THIS EnerGov's breach of any obligations, representations, or AGREEMENT, WHETHER UNDER CONTRACT LAW, warranties under the Agreement, (b) EnerGov's outside TORT LAW,WARRANTY OR OTHERWISE SHALL NOT business activities, or (c) the infringement or EXCEED$1,000,000. misappropriation by EnerGov of any foreign or United 13.3 Without limiting the foregoing,Customer agrees that neither States patent,copyright,trade secret,or other proprietary EnerGov nor any of its officers, directors, agents, or right in results. employees (i) shall have any liability for errors or omissions in the output of any EnerGov Software caused by inaccuracies 12. Insurance.EnerGov has commercial general and of Customer's input, (ii) shall not be responsible for any loss automobile liability insurance in such amounts as are set forth of Customer's data, "downtime", loss or corruption of other in Exhibit F(attached hereto)and shall maintain such insurance software program files, whether arising in contract, in amounts not less than the amounts indicated on Exhibit F negligence, strict liability,products liability, or otherwise and while EnerGov performs the Installation Services and the (iii) shall have any liability for (A) the acts or omissions of raining Services on Customer's premises. Customer shall non-EnerGov personnel, agents or third parties, (B) misuse, e named as an additional insured on EnerGov's liability theft, vandalism, fire, water or other peril or (C) any insurance with respect to the operations of insured(EnerGov) alterations or modifications made to the EnerGov Software by in the performance of this Agreement. That coverage shall be the Customer,except if such alterations or modifications were primary and non-contributory with any other policy(ies)carried made by or at the direction of EnerGov by,or available to Customer. Should any of the above 13.4 Customer acknowledges and agrees that the allocation of described policies be cancelled before the expiration date risks provided in this Agreement are reflected in the Fees thereof,notice will be delivered in accordance with the policy charged pursuant to this Agreement are reasonable and provisions. EnerGov shall provide Customer with a Certificate appropriate under the circumstances. of Insurance and an Endorsement evidencing said coverage. 14.Term and Termination. 14.1 The term of this Agreement and the software license 13.Disclaimer and Limitation of Liability. provided herein shall commence upon the execution of this 13.1 NEITHER ENERGOV NOR ANY OF ITS Agreement and shall continue until terminated as provide for DIRECTORS, OFFICERS, OR EMPLOYEES SHALL herein. BE LIABLE FOR ANY (I) SPECIAL, INDIRECT, 14.2 This Agreement may be terminated at any time upon the INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL giving of written notice: DAMAGES, INCLUDING LOSS OF PROFITS, (i) By EnerGov in the event that (A) Customer makes an ARISING FROM OR RELATED TO A BREACH OF assignment for the benefit of creditors, or commences or THIS AGREEMENT OR ANY ORDER OR THE has commenced any proceeding in bankruptcy, OPERATION OR USE OF THE ENERGOV insolvency, or reorganization pursuant to bankruptcy laws SOFTWARE, DOCUMENTATION OR SERVICES or laws of debtor's moratorium and is more than 30 days INCLUDING SUCH DAMAGES, WITHOUT overdue on payments to EnerGov, or (B) Customer LIMITATION, AS DAMAGES ARISING FROM breaches Sections 2,3 or 8 of these Terms and Conditions LOSS OF DATA OR PROGRAMMING, LOSS OF or if Customer otherwise misuses the EnerGov Software REVENUE OR PROFITS, FAILURE TO REALIZE or Documentation in contravention of this Agreement;or CG-011011-REN e •Customer Initials: 6 EnerGov Initials: (ii)By either party in the event that the other party (A) should find that Customer has breached (or attempted or • fails to timely pay any undisputed amounts due threatened to breach) any such provisions, Customer agrees that pursuant to this Agreement and such failure is not without any additional findings of irreparable injury or other cured within thirty (30) calendar days after written conditions to injunctive relief, it shall not oppose the entry of an notice of such failure is provided to the other party, appropriate order restraining Customer from any further breaches or (B) fails to commence remedying any other (or attempted or threatened breaches). Nothing contained herein breach of this Agreement within thirty (30) days shall limit either party's right to any remedies at law, including after written notice specifying such breach is the recovery of damages for breach of this Agreement. provided to the other party. (iii) By Customer, without cause upon thirty (30) days 16.Compliance With Laws. written notice, in which event all finished or 16.1 EnerGov and Customer each shall strictly comply with all unfinished documents, reports or other material or applicable laws and regulations relating in any way to the use work of EnerGov pursuant to this Agreement shall of the Deliverables, including, but not limited to, obtaining be submitted to, Customer, and EnerGov shall licenses or permits and any other government approval. immediately cease work and be entitled to all 16.2 Customer agrees that the EnerGov Software will not be undisputed fees due and payable at that time unless exported directly or indirectly, separately or as part of any EnerGov and Customer agree to further work effort. system, without the prior written consent of EnerGov and (iv) By Customer for cause and such cause is not cured without first obtaining a license from the U.S. Department of within thirty (30) calendar days after written notice Commerce or any other appropriate agency of the U.S. of cause has been delivered to EnerGov. Customer's Government, as required. Without limiting the foregoing, sole remedy for termination for cause shall be a pro- Customer acknowledges that the EnerGov Software may rata refund of EnerGov License Fees described in contain encryption technology that may require a license from Section 7.1(i), and the refund of any remaining the U.S. State Department. maintenance fees described in schedule 1. Except 16.3 EnerGov agrees not to discriminate against any employee or for the refund provided for in Section 9.1,above,the applicant for employment or any other person in the time period upon which the pro rata refund shall be performance of this Agreement because of race, creed, color, based is seven (7) years from the date of execution national origin, marital status, sex, age, disability, sexual of this Agreement, and any refund will be provided preference, or other circumstance prohibited by federal, state • within one (1) year from written notice of cause. or local law or ordinance. Customer agrees to return the EnerGov licenses described in Section 2, except for a single, non- 17.Publicity. production archive copy that will be kept for use All media releases,public announcements or other public disclosures only in the event of a requirement of law, by the by either party or their employees or agents relating to this IRS,by a regulatory or governmental agency,by the Agreement or its subject matter shall be coordinated with and firm's auditors,or by judicial direction. approved by an officer of the other party prior to release, except 14.3 Upon termination of this Agreement (i) either party when disclosure is required by law. When approval is required,it shall be entitled to seek to recover any other damages shall not be unreasonably withheld. Notwithstanding the and obtain any additional rights and remedies set forth foregoing, each party hereby agrees the other party may use its in this Agreement against the other party(if any)and(ii) name, URL and logo on its website and in its customer and Sections 3,7, 8, 9, 10, 11, 13, 15,20,21 and 24 of these partner lists for corporate and financial presentations. Further, Terms and Conditions shall survive the termination of Customer agrees to be a normal reference site for EnerGov this Agreement. during the term of this Agreement and EnerGov agrees to remove Customer from their reference list if Customer is unreasonably 15.Equitable Remedies. Customer acknowledges that each burdened with reference calls or unreasonably disturbed by provision in this Agreement providing for the protection of prospective customer visits to Customer's location. EnerGov's Software, copyrights, source code and other Proprietary Information is material to this Agreement. 18.Authority. Each party represents and warrants to the other that it Customer agrees that any threatened or actual breach of has the right to enter into this Agreement. EnerGov's Software, copyrights, source code and other Proprietary Information by Customer shall constitute 19.Assignment. immediate, irreparable harm to EnerGov for which 19.1 Except in the event of a merger or sale of all or substantially monetary damages is an inadequate remedy and for which all of EnerGov's assets to another organization whose intent is to equitable remedies may be awarded by a court of competent continue the EnerGov product line delivered to Customer, jurisdiction without requiring EnerGov to post any bond or EnerGov may not assign or transfer this Agreement or any rights any other security. If a court of competent jurisdiction hereunder, or delegate any of its duties hereunder, without the .CG-011011-REN Customer Initials:JO 7 EnerGov Initials: prior written consent of Customer, which consent shall be party shall promptly pay directly, or promptly reimburse the • timely and not unreasonably withheld. EnerGov will notify prevailing or successful party for all costs and all consultants' Customer in advance in writing of any such action. and attorneys' fees and expenses, paid or incurred by the 19.2 Customer may assign or transfer this Agreement and may prevailing or successful party in enforcing this Agreement, in delegate its duties in whole or in part without charge and addition to other such relief as such prevailing or successful party without the consent of EnerGov if such transfer or may be entitled. For purposes of this Section, the determination assignment is to a related entity such as but not limited or of which party is to be considered the prevailing or successful due to a full or partial jurisdictional change, merger, name party shall be decided by the court of competent jurisdiction or change, as required by law, regional consolidation of independent party(i.e., mediator or arbitrator) that resolves such Information Technology services, to eCityGov Alliance, action,suit,dispute,claim,or litigation. partnership, or by government or judicial direction. Customer will make reasonable efforts to notify EnerGov in 22.Waiver. No waiver of breach or failure to exercise any option, advance in writing of any such action. Any assistance right, or privilege under the terms of this Agreement on any required by EnerGov to facilitate this assignment or transfer occasion or occasions shall be construed to be a waiver of the shall be at the then current EnerGov Standard Rates. Any same or any other option, right or privilege on any other attempt to assign this Agreement in violation of this section occasion. shall be null and void. 19.3 EnerGov or its Assignee agree that as long as Customer is 23.Severabitity. If any of the provisions of this Agreement shall be current on its annual maintenance with EnerGov or its invalid or unenforceable under the laws of the jurisdiction where Assignee that Customer has the right at its option to migrate enforcement is sought, such invalidity or unenforceability shall at any time,with the coordination of EnerGov, to any new not invalidate or render unenforceable the entire Agreement but software product with similar functionality that EnerGov or rather the entire Agreement shall be construed as if not its Assignee develops, sells or acquires, including but not containing the particular invalid or unenforceable provision or limited to software written in a new language, on a new provisions and the rights and obligations of EnerGov and platform and/or on a new database, at no charge except for Customer shall be construed and enforced accordingly. implementation services and training, modules or major functionality that it had not already licensed, and 24. Notices. All notices, consents and approvals given under incremental user licenses that it had not previously licensed. this agreement shall be in writing and shall be delivered in �9.4 Customer agrees that any assistance needed by EnerGov person, by first class or express mail return receipt, telegram, shall be at EnerGov's standard rates listed in Schedule 1. email or other telegraphic means of facsimile where official proof of receipt can be validated and addressed as follows: 20.Governing Law and Venue. The validity, construction, Customer: interpretation, and performance of this Agreement shall be City of Renton governed by and construed in accordance with the domestic Attn:David Lemenager laws of the State of Washington. Each party hereto hereby 1055 S.Grady Wy#110 voluntarily(i) submits to personal, exclusive jurisdiction in Renton,WA 98057 the State of Washington, with respect to any suit, action or proceeding by any person arising from, relating to or in connection with this Agreement, (ii)agrees that any such EnerGov: suit,action or proceeding shall be brought in any state court Mr.Mark Beverly of competent jurisdiction sitting in King County or VP and General Manager Snohomish County, Washington, or in the United States EnerGov Solutions,LLC District Court, Western District of Washington, (iii) 2160 Satellite Blvd—Suite 300 submits to the jurisdiction of such courts, and Duluth,GA 30097 (iv)irrevocably agrees not to assert any objection as to the venue of any such suit, action or proceeding in the courts Either party may change its address or addressee for the purposes described above and any claim that any such action, suit or of this paragraph by written notice. Notice given in accordance proceeding brought in any such court has been brought in with this paragraph shall be deemed given when received. an inconvenient forum. 21.Costs and Attorneys' Fees. In any action, suit, arbitration, 25.Incorporation of Exhibits and Other Attachments. Any mediation or other similar proceeding brought by any party Schedules, Exhibits or Proposals referred to in this Agreement hereto for enforcement hereof or arising out of or relating and attached hereto are integral parts of this Agreement and are hereto or breach hereof, the non-prevailing or unsuccessful incorporated herein by this reference. eCG-011011-REN • Customer Initials: 8 EnerGov Initials: Agreement, Terms and Conditions, Statement of Work, �6.Third Party Beneficiaries. This Agreement is entered into Proposal, eCityGov RFP, EnerGov's response to the eCityGov solely for the benefit of EnerGov and Customer. No third RFP notwithstanding internal EnerGov operational or process party shall have the right to make any claim or assert any changes since issuance of the response. right under it, and no third party shall be deemed a beneficiary of this Agreement. 32. Rights to Escrow Agreement. Customer may, during the term of this agreement and at a time chosen by Customer, enter into 27.Counterparts. This Agreement may be executed an escrow agreement with EnerGov's designated escrow simultaneously in two (2) or more counterparts, each of receiver. At that time and upon payment of agreed fees as listed which will be considered an original, but all of which in Schedule 1 EnerGov agrees to deposit in escrow a copy of the together will constitute one and the same instrument. program source code and related documentation and Commentary and, on an annual basis, a copy of all substantial 28.Delivery of Electronic Copy of Executed Agreement. revisions or enhancements to the source code and any related The parties agree that electronic transmission via facsimile documentation. In the event that EnerGov or its Assignee or email to the other party of a copy of this Agreement should become insolvent, initiates bankruptcy proceedings, or bearing such party's signature shall suffice to bind the party ceases to carry on business and the business of EnerGov is not transmitting same to this Agreement in the same manner as continued by a Receiver,Trustee,successor or assignee,or if the if an original signature had been delivered. Without Software is no longer sold, continued or supported by EnerGov limitation of the foregoing, each party who electronically or a successor or assignee, Customer shall have the right to transmits an executed copy of this Agreement via facsimile immediately acquire a copy of the source code of the Software or email bearing its signature covenants to deliver the and its related documentation licensed to it, with the right to original thereof to the other party as soon as possible reverse engineer or decompile or deconstruct such source code thereafter. for the sole purpose of continuing its uninterrupted use of the 30.Nature of Relationship. Software. In the event that EnerGov files for bankruptcy 30.lEnerGov is an independent contractor and is not an protection or is adjudged to be bankrupt, it is the agreement of employee, partner, or co-venturer with the Customer. and the intent of the parties that this Agreement be governed by EnerGov is not authorized to represent, speak for, or 11 U.S.C. § 365(n). The rights and obligations of the parties obligate Customer in any manner without the prior regarding the escrow of the program source code and its related written authorization from an official of Customer. documentation shall be as set forth in the Software Escrow • EnerGov and EnerGov employees will not be eligible Agreements entered into between EnerGov, the escrow vendor for, and shall not participate in, any employee pension, and Customer. These Software Escrow Agreements shall be in a health,welfare,or other fringe benefit plan of Customer. form substantially the same as Exhibit G attached hereto and the No workers' compensation insurance shall be obtained parties acknowledge that they are supplemental, as that term is by Customer covering EnerGov or EnerGov's used in 11 U.S.C. § 365(n) (3) (B), to this Agreement. This employees. Agreement shall be interpreted in accordance with the 30.2 EnerGov will be liable for all loss or damage, other Intellectual Property Bankruptcy Protection Act of 1988, than ordinary wear and tear, to the Customer's property including, but not limited to 11 U.S.C. § 365(n). The parties in EnerGov's possession or control that is caused by expressly agree and acknowledge that the licensed Software is EnerGov. In the event of any such loss or damage, "intellectual property" as defined by § 101(35A) of the United EnerGov will pay the Customer full current replacement States Bankruptcy Code. cost of such equipment or property within thirty (30) days after its loss or damage. 33. Force Majeure: Neither Party shall be liable for any delay in 30.3 During the term of this agreement, and for a period of performance or inability to perform due to Force Majeure. twelve (12) months following the project completion "Force Majeure" includes any acts or omissions of any civil or milestone (see Schedule 1), neither the Customer nor military authority, acts of Csgd, gets or omissions of Customer, EnerGov will interfere with the other's business in any fires, strikes or other labor disturbances, major equipment manner, including without limitation, encouraging failures,fluctuations or non-availability of electrical power,heat, anyone to leave the other party's employ or encouraging light, air-conditioning or telecommunications equipment, or any any employee or independent contractor of the other other act, omission or occurrence beyond the Party's reasonable party to sever that person's relationship with the other control, irrespective of whether similar to the foregoing party. enumerated acts, omissions or occurrences took place. If the Party's performance is delayed by Force Majeure, the time for 31.Order of Precedence.In case of conflicting terms between performance shall be extended. Notwithstanding the foregoing, documents in this agreement the following order of if before the Software"go live"date Force Majeure impacts only precedence shall be followed: Master Customer EnerGov and not Customer for more than 60 days,Customer has CG-01 1011-REN 0, Initials: 9 EnerGov Initials: • the right to terminate this Agreement and receive a refund of all software fees paid to EnerGov and its affiliated P party providers. Additionally, if before the Software "go live" date Force Majeure impacts only Customer and not EnerGov for more than 60 days, Customer will pay EnerGov for the unpaid undisputed work agreed to by Customer and performed by EnerGov through the first 60 days,and monthly thereafter until the Force Majeure event has ceased and the project is back on schedule, at which point the milestone payment schedule will resume. 34. Personnel Review. Customer reserves the right-of-review of EnerGov's on-site personnel assigned to the project described in this Agreement. EnerGov warrants that each person assigned to work on-site will be for efforts and tasks as described in this Agreement. Each person assigned to the project will remain assigned to the project unless removed due to illness, death, termination from EnerGov, resignation from EnerGov, or other extraordinary cause, such as family circumstances,beyond the control of EnerGov. No subcontractor shall be used on the project without the express written approval of Customer. 35.Transition Cooperation. Subsequent to termination of this Agreement for any reason, EnerGov agrees, upon Customer's request to: (i) Provide sufficient effort and cooperation to ensure an orderly and efficient transition of • services to Customer or Customer's contractor without degradation of the quality and level of EnerGov's performance of its services to Customer; (ii) Assist Customer in retrieving all data records, logs and documentation in a mutually agreeable format, including full disclosure of any custom software code and system design,third party suppliers and other pertinent information about the services performed; (iii) Furnish training services for up to ninety(90) calendar days after termination of this Agreement; and (iv) Negotiate in good faith a plan with a successor to determine the nature and extent of services required. The plan shall specify a date for transferring responsibilities and shall be subject to Customer's approval. Customer agrees to reimburse EnerGov for reasonable travel costs and agrees to reimburse EnerGov based on EnerGov's then current rates or as otherwise agreed to in writing by both Customer and EnerGov. eCG-011011-REN Ocustomer Initials: 10 EnerGov Initials: I • Schedule 1 Payment Schedule In accordance with the terms of this Agreement,the following payment schedule will be adhered to for the Products and Services rendered by EnerGov. 1. Payment Schedule 1.1 Customer agrees to timely pay all Fees as outlined below. Due Date Software/Professional Estimated Description Services*** Travel Costs*** Contract Signing/ -- -- Software Framework $ 165,269 75%Software Costs(remainder is Installation held back until Acceptance) Assess Milestone $ 23,801 $ 8,594 Assess Phase Costs Define Milestone $ 31,155 $8,594 Define Phase Costs Configuration $ 85,099 $6,875 Configuration Phase Costs Milestone UAT Process Milestone $ 34,172 $8,594 UAT Process Costs Import/Interface $ 55,752 $ 1,512 Total fees for development of Development Services import/interface services Training Services $20,742 $ 10,313 Training Services fees Go-Live $6,914 $3,437 Go Live Phase Costs • Acceptance** $55,090 25%Software Holdback payable at Acceptance $477,994 $47,919 Subtotals $525,913 Energov Total Software and Consulting(Same as Exhibit B) *All payment terms are net 45 unless otherwise indicated. **Acceptance date shall not be unreasonably withheld. ***Implementation costs shall be based on actual services rendered,not to exceed amounts above unless agreed upon with a Change Order referenced in Exhibit C—Section 6.4. ****Milestone payment invoices are submitted upon approval and acceptance of Milestone by Customer based on actual hours spent. Software/Professional Service Fees are fixed amounts. Travel expenses are invoiced as incurred. CUSTOMER shall reimburse ENERGOV for reasonable travel expenses incurred by ENERGOV,its officers,employees,agents and contractors in connection with performance of the services as agreed to by the CUSTOMER and ENERGOV,which have been outlined in the scope of work.CUSTOMER will not reimburse ENERGOV for travel time to and from the CUSTOMER's implementation location(s). Travel expenses require the prior written consent of the CUSTOMER.Travel expenses shall include only airfare,hotel,meals,airport parking,car rental and airport transportation subject to the restrictions listed below. ENERGOV shall use reasonable efforts to obtain the lowest available airfares and in no case shall CUSTOMER reimburse ENERGOV for first class or business class airfare.Reasonable hotel accommodations per night shall not exceed$139.00 plus applicable taxes.Meal expenses shall be reimbursed at a fixed rate of$71.00 per • eCG-0521-BOT 11 Customer Initials: EnerGov Initials: Q V'� • day(itemized to$12.00 breakfast,$18.00 lunch and$36.00 dinner for partial days and$5.00 for incidentals)to cover food and beverage expenses and includes tips.Car rental shall be based upon economy or midsized vehicles. Airport transportation includes standardized shuttle services or taxicab fares. ENERGOV may invoice the CUSTOMER no more frequently than once per month for reimbursement of eligible expenses.Any invoice shall contain an itemized listing of all expenses including the name of the ENERGOV's employee,dates services were rendered,dollar amounts and shall include a copy of each receipt identified within the invoice.No reimbursement shall be made for expenses without a corresponding receipt. Payment Schedule for Support Fees and IVR Minutes Due Date Amount Description Annually on the Acceptance $62,982 Annual Software Support/Maintenance Date Fees 1.2 Support Fees to begin on Acceptance and invoice annually on the Acceptance Date, 1.3 EnerGov assumes no responsibility for delays caused by the United States Postal Service or any other delivery service. 1.4 Standard Rates Table • Excludes all travel-related expenses • Applies to all requested and approved work outside the scope of this agreement. • These Standard Rates apply for three(3)years following the Effective Date. • Resource Cost, Hourly rate Principal Solutions Architect $189 Senior Project Consultant/PM $159 Project Consultant $139 GIS Analyst $147 Trainer $99 Data Conversion Specialist $179 Development Services $179 1.5 Escrow Fees In the event that Customer exercises its options under Section 32 of these Terms and Conditions,the charge to Customer for escrow services shall be$3,000 per year. EnerGov agrees to hold this pricing for a period of three(3) years from the Go-Live date. 1.6 Asset Management EnerGov agrees to provide the EnerGov NET Asset Management module at no charge to Customer if a purchase decision is made within 24 months of the Effective Date. This does not include installation,training,and related professional services„which Customer agrees would be billed at time and material,or additional Support Fees. • eCG-0521-BOT 12 Customer Initials: EnerGov Initials: Exhibit B-Proposal Energov Software Total Price Each Total EnerGov.NET Enterprise Suite l,2 llncludes 10 additional"view only"licenses free of charge Zlncludes Licensing for the following Suites and Modules: EnerGov.NET 9.0 Enterprise Server Cash Receipting Licensing and Regulatory Regulatory Review Professional Licensing Business Management Enforcement Management Inspections Permitting and Land Management Project and Land Use Management Plan Management - Permitting Inspections Code Enforcement Request Management Request and Enforcement Citizen Request Management Code Enforcement Inspections 25 $ 3,499 $ 87,475 View Only Licenses 10 $ - $ - Custom Reports 30 $ $ MobileGov- 3 Energov MobileGov includes the following: Sign offs or rescheduling inspections Creating inspections in the field Generating Re-inspections/Fees Printing the inspection detail in the field Assigning inspections to a new inspector _ Reviewing past inspection/permit/parcel Predefined checklists Standardized inspections Predefined passed/failed reasons/codes • Viewing code violations/ordinances Printing custom worksheets and reports Issuing&printing Citations/Violations Issuing&printing Stop Work Orders Real-time field/office data Researching all Parcel History in the field 17 $ 2,499 $ 42,483 EnerGov GIS"Viewer" 25 $ 499 $ 12,475 EnerGov GIS Server Advanced a GIS Server Advanced Deploys advanced,Bi-directional geo-processing/GIS functionality to EnerGov.NET operations and extends GIS functions to Citizen Access and MobileGov 1 $ 39,995 $ 39,995 eReviews($59,999)s I 5 EnerGov eReview includes the.following features: Paperless Plan Submission Process Seamless Workflow Collaboration Accept Plan Submission of aver 100 digital formats(DWG,PDF,DXF,2D CAD,MS OFFICE,etc) Digital Markups -Analyze files with version Overlay compares Calibration,Scaling and Snap Functions for Measurements Departmental Permissions 1 $ 59,999 Free of Charge EnerGov Analyst (GIS Toolbar for ArcMap-Named Users) 3 $ 999 $ 2,997 eCityGov Alliance Web Portal API-OTC . 1 $ 5,000 $ 5,000 EnerGov.NET IVR(Self-Hosted Software Price) 1 $ 14,999 $ 14,999 Energov Citizen Access,Web Portal;(Licensing,permiting,inspections,Land Management) 1 $ 29,998 $ 29,998 Credit Card API for online payment processing 1 $ 6,999 $ 6,999 Laserfiche API 1 $ 4,999 $ 4,999 eCityGov Alliance Web Portal API-ePlan 1 $ 5,000 Is 5,000 Energov Software Total 1$ 252,4201 Energov Consulting Implementation-See Attached Renton Professional Configuration Services(Milestone Payment) Assess Phase $ 27,264 Define Phase $ 35,688 Configuration Phase LL-83,o40 Setup IVR&Citizen Access Web Portal Phase $ 14,440 User Acceptance Testing Phase $ 39,144 • Training and Go-Live Phase(User Training=40 days,Go-Live=10 days) $ 31,680 Development Services-See Attached Renton Development Services Sheet(Milestone Payment) Data Conversion 1-Permits Plus $ 36,184 Data Conversion 2-Tyler/Eden Pet&Business Licensing $ 8,432 Data Conversion 3-FDM Inspection Data $ 8,432 Development Services 1-Tyler/Eden-GL Export $ 2,704 Development Services 2-Infor EAM-Water Meter Web Service $ 2,704 Development Services 3-Contractor State Licensing Board Free of Charge Development Services 4-Washington State UBI $ 2,704 Development Services 5-King Conty Owner Address $ 2,704 Travel(Paid Per Actual Expenses) Renton Professional Configuration Services $ 46,406 Renton Development Services Is 1,512 Energov Consulting Total-Total includes Professional Configuration(Services and Travel) and Development Services(Services and Travel) 1$ 343,0381 Energov SubTotal Software and Consulting $ 595,458 eCityGov Alliance Member Discount(10%)+additional$10,000 $ (69,546), Energov Total Software and Consulting $ 525,9121 Support Years Annual Total Energov Maintenance for 1st Year Support-Capital Expense(Year 1) 1 $ 56,235 1$ 56,235 Energov Maintenance with all licenses purchased-Operations Expense(Years 2-5) 4 $ 56,235 $ 224,942 Total 1st Year Energov Expenses $ 582,1481 Total 5 Year Energov Expenses $ 807,0901 • III • - Q o oar Y o � N � u 'o e6 m uS m M x �r � a _ - us of ui en ui ul -" m Cj k O O O N 00 N N N O m N N N N N - O O O m O N m N m m O m m m m m y H M W » (A !9 Y O O O O O O O O O ul O O N _ m 1 _ N _ N N _ p r r r� �Y N N N Ymf N N m N r n r v • • T N 3 _ 0 E 76 t _ E G 3 — fo o c < E _ t � E r E r n 3 E E c j o a ti � J V ' • Q c C N d c ¢ o � 0 0 0 0 0 0 0 o d c W ® DD GrflQrrr► � � . � � 0000000g N �[k.Q4jJ7 lT0 1 � � O � N d D � m � 2 c N v v � 'a O 3 o v v m a co o w v a a �? 3 m N 3 c c ^ c 0 a v a is g `o o > w c ^ = c c E M N u m a ° F- U 3 x v 0 C u u u u u 0 H N fvl C C C w w w w N O_ O O N N h h N � • � i C C C C C > > > N W E W W > > > C U cc co O CL CL CL CL CL O O O O ry A R > > > > > > > > > U O O O D O O D D • Exhibit C at),of ` i� S:i tlon EnerGov.NET Systems Implementation Document/Statement of Work Prepared for: • City of Renton,Washington 1 . Prepared by: EnerGov Solutions, LLC 2160 Satellite Blvd,Suite 300 Duluth,GA 30097 888.355.1093 www.eneraov.com February 10,2011 • ©2010 EnerGov solutions,LLC EnerGov.NET Systems Implementation/Statement of Work • 1. Proiect Introduction: EnerGov Solutions is proposing to provide application software and associated professional services to the City of Renton,Washington (referenced herein as "City of Renton, WA", "Renton,Washington" or the "eCityGov Alliance") to deliver an enterprise level, comprehensive solution that meets multiple business needs including, but not limited to: Planning Building, Code Compliance, Business and Pet Licensing, and Inspections. To this end, a Statement of Work(SOW) is provided to clearly frame and define all software, services,tasks, roles, responsibilities,assumptions, expectations etc.germane to the successful implementation and deployment of the EnerGov.NET land management system. To the extent possible, it is the intent of both parties to limit custom programming requirements and leverage the specific functionality inherent to the EnerGov NET application and "best practices" of other cities to accomplish similar functions. EnerGov Solutions implementation team shall assist in business process analysis and workflow consulting in order to accomplish this; however it will be expected that the City of Renton, WA mirror these accepted processes every chance possible. This Statement of Work(SOW)is to provide a thorough and accurate description of the following metrics: • What software and services will be delivered; • How will the software and services be delivered; • Who will deliver which software and services; • When will the software and services be delivered; • Where will the software be delivered and where will the services be erformed to successfully Y • deliver the requisite business processes as defined by the City of Renton **EnerGov shall have the right to assign personnel to the consulting agreement but the City shall have the right to review the EnerGov personnel assigned to the project. This includes, but is not limited to, the ability to require a suitable and qualified replacement in a timely manner. EnerGov warrants that each person assigned to the job will be for the duration of the project with full-time efforts except as specified by Customer or due to the following exceptions: illness, death,termination,or resignation from EnerGov. No subcontractor shall be used on the project without the express written approval of the City. z. Proiect Timeline: The implementation of the project will be the responsibility of a joint City and EnerGov Implementation Team. It is understood and acknowledged by both parties that a definitive project plan will be drafted and presented as an early deliverable upon completion of the Assess Milestone (a preliminary project timeline by phase is included herein for reference purposes only). The project will subsequently be guided and implemented based upon this mutually agreed project plan. Proiect Timeliness&Access The Implementation estimated project timeline is 14 months from the agreed Kickoff date, and both parties shall work diligently to deliver the comprehensive solution within that timeframe. It's understood between both parties that a project plan will be drafted as an early deliverable in the"Assess" milestone and all Pre-Assessment Tasks will need to be completed before this project plan can be finalized. This statement of work allows for minimal delays caused by either EnerGov or the City (e.g., creation of technical environments, availability of personnel, timing of business decisions,etc.)as adherence to the project schedule and maintaining the defined scope is a cornerstone of • the Statement of Work. As such,requests to increase the scope and/or timeframe,such as additional configuration [2] EnerGov.NET Systems Implementation/Statement of Work . assistance, changes, or previously undisclosed information, which has a direct, material impact (increase or decrease) on the services documented in this contract, will be discouraged. Nevertheless, as an outcome of any change, EnerGov and/or the City may amend the timeline,costs and/or tasks provided in the document as additional detailed information is obtained relative to the City's functional and technical business requirements. • The City and EnerGov will put forth their best efforts to meet all required deliverable dates outlined and agreed as part of this project. • EnerGov and the City will provide appropriate "process experts" who will be available for interview with reasonable notice and will have adequate knowledge of the process to provide definitive answers regarding the process and associated business rules. • Process owners (department heads, managers, supervisors) will be available with reasonable notice to confirm and validate the results of the process interviews. In the event questions arise regarding the correct policy or process,the question will be resolved within 2-normal business days with a definitive answer from an appropriate "authority" within the City's project team. If the City's staff is unavailable for extended periods,a designated signatory should be identified to meet the required 2 business day requirement. • The City and EnerGov personnel will attend and be on time for all scheduled process interviews, technical "side bars," question resolution sessions and 'sign-off' meetings. The City's personnel will remain available throughout the scheduled time period. • The City of Renton will designate personnel that are authorized to approve and accept the various process documents and final set ups that will be completed by EnerGov. The authorized City agent will be available for signoff meetings with reasonable notice of at least 5 normal business days. If and when City staff is unavailable for extended time periods, a designated signatory should be identified to meet the required 5 business day requirement. • Requested information, documents,sample files, and other materials relevant to the process will be readily available and accurate and will be kept and maintained on a sharepoint site/ftp site, etc. EnerGov will provide a Microsoft Sharepoint Site and a FTP site for this communication. • • EnerGov personnel will have necessary access to city servers and computers being utilized to host the EnerGov NET application. EnerGov and City personnel will work together to determine appropriate rights and roles associated with this access. In addition, EnerGov personnel will be required to submit a background check prior to obtaining access from the City. Energov Employee access to City servers, computers, software, network and other technologies will be in compliance with the City's security and technology policies. s. Components to be Provided by EnerGov Solutions: The following EnerGov NET components shall be provided, installed, & implemented by EnerGov Solutions to fulfill the business requirements in the Planning/Zoning, Permits, Inspections, Cash Receipting, Project Tracking, Code Enforcement, Licensing, Property History, Financial Tracking, and Report Writer processes delineated in the RFP. EnerGov Functionality includes: Project Management, Plan Management, Permit Management, Inspection Management, Code Enforcement Management, Citizen Request Management, EnerGov GIS Server Advanced, MobileGov.NET, eReviews, Interacitive Voice Response (IVR), Laserfiche (Document Management) Integration, MyBuildingPermit.com integration, Business/pet License Management, Adult Entertainment License Management, and Citizen Access Web Portal (CAP) to include online licensing and Land Management Portal, online permitting, online ePlan upload and Processing,online citizen requests. a. Project Methodology: It is intended that this project be implemented in phases to include each EnerGov.NET component listed above under EnerGov Software and Services; within each phase, there will be a series of milestones, activities,tasks and sub-tasks. A summary description of the tasks/expectations to be managed within each implementation milestone by both EnerGov and designated City project team members is as follows: • [3] EnerGov.NET Systems Implementation/Statement of Work Assess Milestone: Major Objectives&Tasks Not to exceed527,264(based on 22 Resource Days) (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) ■ Define strategies for vision,delivery,business process analysis,organizational structure ■ Change management,roles&responsibilities,and operating/technology infrastructure ■ Finalize Implementation Team,define agency involvement and confirm project strategies/objectives ❑ Business o Project discovery calls/Business Development hand-off o Onsite kickoff/discovery meeting o Presentations to departmental and external customers(contractors,etc.) o Identify and confirm project resources/team o Conduct orientation for project stakeholders o Discovery of agency's processes o Discovery of unique business workflows o Define preliminary functional requirements o Finalize the Implementation/Deployment strategy o Finalize Training Requirements o Identify unique project risks • ❑ Technical o Identify&confirm appropriate system architecture o Identify&confirm hardware availability o Identify&confirm sources and current state of GIS/parcels/property data o Identify&confirm IT project resources&requirement **SEE ASSESS PHASE DELIVERABLES ON NEXT PAGE [4) I EnerGov.NET Systems Implementation/Statement of Work Functionality City's EnerGov Comments ill • I Responsibility Responsibility Coordinate and execute Project Discovery call S P Scheduled and hosted by EnerGov's Director of Implementation Conduct On-Site Kickoff and Business Coordinated between EnerGov's Project Process discovery meetings with S P Consultants and City of Renton's Project Manager. client Meetings attended by departmental stakeholders Review SOW and Project Coordinated between EnerGov's Project Requirements Matrix S P Consultants and City of Renton's Project Manager. Draft,finalize,and confirm the Implementation Project Plan S p Coordinated between EnerGov's Project Consultants and City of Renton's Project Manager. Establish City of Renton's key Project Stakeholders for the entirety of the P City of Renton's Project Manager Project Confirm hardware training needs and ensure delivery date P S City of Renton IT Provide legacy data for imports and configuration details for integrations P City of Renton IT Setup project specific SharePoint site • P EnerGov Project Team Deliver GIS Data for integration with necessary features and attributes for P S City of Renton IT with guidance of EnerGov Project EnerGov.N ET users Consultant Confirm Define Phase schedule P Coordinated between EnerGov's Project Consultants and City of Renton's Project Manager. City of Renton Assess Phase Sign-Off P S City of Renton's Project Manager "P"'=Responsible party for deliverable "S"=Party will be required to provide specific information required for deliverable Define Milestone: Major Objectives&Tasks (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) ■ Finalize Project Plan&Schedule ■ Business comprehension and documentation of the current client processes and workflow • Translation&confirmation of all EnerGov functional and system configuration requirements ■ Completion of the EnerGov Project Definition Documentation(PDD) • EnerGov.NET system installation&configuration on agency network/servers [5] EnerGov.NET Systems Implementation/Statement of Work • ❑ Business • Analyze business requirements as it relates to the EnerGov functionality • Design project Implementation architecture • Define user roles, responsibilities and user/roles business requirements • Uncover and address potential risks in the project configuration • Identify any new processes to be implemented as a benefit to automation • Finalize behavioral details of specific EnerGov features and functions to be implemented o Document findings and approval of the Project Definition Document(PDD) ❑ Technical o In conjunction with the Business Definition,determine the necessary system source(s),data, transfer frequencies,and transfer schedule to be included in integration as it relates to GIS, online services,and mobile solutions o Collect data files(and any available data diagrams)needed for data importation; create/analyze data mapping to support business goals o Determine integration strategy with EnerGov Data Services/EnerGov Development/EnerGov Implementation Team o Finalize technical deployment plan;system software installation o Business Rules o Interfaces Responsibility Function City EnerGov Solutions Conduct On-Site Definition Coordinated between EnerGov's Project • Meetings S P Consultants and City of Renton's Project Manager. Meetings attended by departmental stakeholders Conduct GAP Analysis on Client Business Processes & EnerGov P EnerGov Project Team Functionality Confirm custom system features Coordinated between EnerGov's Project and functionality to be S P Consultants and City of Renton's Project implemented Manager. Create and deliver Project Definition Document to the City P EnerGov Project Team of Renton Finalize details on all legacy Coordinated between EnerGov's Project imports and integration pints S P Consultants and City of Renton's Project (including GIS) Manager and IT Department. Define User Acceptance Testing P City of Renton Project Manager participants Provide end-to-end Acceptance City of Renton Project Team will develop Testing scenarios business case scenarios to be utilized in UAT P S —Configure Phase. EnerGoVs Project Consultants will provide examples to assist the City in formulating these scenarios. Confirm Configure Phase Coordinated between EnerGov's Project i schedule P S Consultants and City of Renton's Project Manager. II [6] EnerGov.NET Systems Implementation/Statement of Work Solutions Function ResponsiVility Comments City • City of Renton Define Phase Sign- P City of Renton Project Manager Off "P"=Responsible party for deliverable "5"=Party will be required to provide specific information required for deliverable Configure Milestone: Major Objectives&Tasks(The Configure Milestone includes User Acceptance Testing) (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) ■ Distribution and application of the requirements developed during the "Define' Milestone to Implementation Team to produce a fully-configured EnerGov.NET Land Management system ■ Configuration of all business/systems requirements defined in the Project Definition document ■ Importation and integration of all data mapped/defined in the Project Definition documents and conduct initial testing of imported data ■ Configuration of user roles,rights,security defined in the Project Definition document ■ User Acceptance Testing(UAT)period ■ Verification/validation of system configuration,performance,stability,and accuracy Internal UAT performed on system prior to City UAT ■ Complete user acceptance training for key users and administrators prior to production(UAT) ■ Refine business rules/configuration as needed during users acceptance testing ❑ Business • Complete functional software configuration based on business rules • Test functional configurations • Prepare test plan(clients responsibility EnerGov PM can assist) • Initial onsite configuration system review with project team • Client user acceptance testing(Initial system evaluation testing and does not constitute final acceptance testing)User acceptance testing scripts and scenarios will be the responsibility of the City of Renton with assistance from the EnerGov project team. All anomalies identified during testing will be analyzed by appropriate EnerGov personnel and applicable configuration /workflow adjustments,etc.will be performed • Refinement of the business rules • Validate data conversions(with client) • Finalize any needed user configurations • Final onsite stakeholder reviews and sign-offs ❑ Technical • Complete data integration and interface development • Test/verify/validate custom code/scripts/services • Property/Parcel data load(if not utilizing ArcSDE direct) • GIS Integration • Test data validity(with key users) • Database Schema.delivered after user acceptance sign-off. m EnerGov.NET Systems Implementation/Statement of Work • • EnerGov will adhere, to the fullest extent possible, to the City's Technology Change Management Board requirements. The City will be responsible for clearly representing these requirements to EnerGov personnel. • Load Energov's IVR software onto City's IVR hardware as specified by Energov. Responsibility Function City Solutions. Complete client-specific EnerGov P EnerGov Project Team system configuration Complete data imports into 5 P EnerGov Project Team configured system Finalize all integration design / S P EnerGov Project Team development (including GIS) Testing of all integrations P City of Renton Project Manager are Update and re UAT Test p prepare P City of Renton Project Manager Cases Conduct Software Reviews Coordinated between EnerGoVs Project S P Consultants and City of Renton's Project Manager. Meetings attended by departmental stakeholders Review and confirm User Acceptance Testing schedule and P City of Renton Project Manager attendees Conduct UAT training for City S P EnerGov Trainer will provide necessary designated power users(testers) training to power user(testers) Prepare UAT training and testing P City of Renton's Project Manager and IT environment Department Prepare UAT Environment(daily) P City of Renton Project Manager Conduct User Acceptance Testing UAT Participants,City of Renton Project P S Manager and EnerGov Project Team Provide System Documentation P EnerGov Project Consultants will provide initial database schema and dictionary Coordinated between EnerGov's Project Confirm Training Phase schedule S P Consultants and City of Renton's Project Manager. City of Renton Configure Phase P City of Renton Project Manager Sign-Off "P"=Responsible party for deliverable "S"=Party will be required to provide specific information required for deliverable Training Milestone: Major Objectives&Tasks (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) • [8] EnerGov.NET Systems Implementation/Statement of Work • Comprehensive onsite end-user training(following user acceptance) ❑ Business • Comprehensive End-User Training • Training Kickoff • Individualized Training=one-on-one training • Classroom Training=classroom environment training with a 10/15:1 trainee to instructor ratio • Administrative Training • Field(Mobile)user Training • Crystal Reports Training (as it relates to EnerGov reporting; requires basic level of Crystal Report knowledge) ❑ Technical • Complete Install of all EnerGov system components on agency network o Test end to end processes • Re-configure as needed Responsibility Function City EnerGov Solutions Provide Training Site, Equipment P Designated members of the City of Renton for Staff/Employees Implementation Team Set-up Training Computers P Coordinated by the City's Application Support Manager • Review Training Material Coordinated between EnerGov's Project P P Consultants and City of Renton's Project Manager. Provide Training Material P EnerGov during Implementation Team training Customize Training Material P EnerGov for end user training Review Training P P Designated Members of the City Implementation Team Prepare Site(daily) P City of Renton Project Manager Schedule Staff S P Training Coordinator and Employee Supervisors Deliver Training Schedules/ P EnerGov Trainer Materials Attend Training P According to Schedule Coordinated between EnerGov's Project Confirm Go-Live Phase schedule S P Consultants and City of Renton's Project Manager. City of Renton Training Phase P City of Renton Project Manager Sign-Off "P"=Responsible party for deliverable "S"=Party will be required to provide specific information required for deliverable Transition/Production Milestone: Major Objectives&Tasks 191 EnerGov.NET Systems Implementation/Statement of Work . (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) ■ Specialized hands-on/on-site go-live training with end users within a"live and/or parallel"environment ■ Promote system to production and complete all project closeout activities ■ Ensure a smooth transition from the implementation Team to client administration team ❑ Activities o Onsite go-live training within parallel test/training environment o Promote to production/Go-Live o Maximize knowledge transfer o Handoff to EnerGov Account Manager o Project Transition ❑ Deliverables • System configuration support(as required) • Database Schema-Update • User Manuals • Onsite go-live support • Final version/delivery of all implementation project documents Function Responsibility Solutions City - Execution of cutover from training to production Coordinated between EnerGov's Project environment(GIS, Data Imports, 5 P Consultants and City of Renton's Project Manager and IT Department. Integrations,etc.) Conduct daily on-site Go-Live P EnerGov Training and Project Teams support Produce comprehensive Coordinated between EnerGov's Project Implementation Sign-Off P Consultants and City of Renton's Project documentation Manager. City of Renton Go-Live Phase P City of Renton Project Manager Sign-Off "P"=Responsible party for deliverable "S"=Party will be required to provide specific information required for deliverable Post-Production Support: Major Objectives&Tasks ■ Maintain production of EnerGov.NET system ■ Assist agency administration in tuning application to meet nascent business protocols ■ Promote & foster continued acceptance and confidence in EnerGov NET with dedicated account manager and EnerGov technical support team ■ EnerGov Support and Maintenance Agreements go into effect immediately following Go-Live completion. Associated billing and payment for these services is provided in the contract schedules. ❑ Activities o Assistance in future business requirement tuning(included) o Refresher or advanced training services(standard rate) o On-demand custom reporting services(standard rate) [10] EnerGov.NET Systems Implementation/Statement of Work ❑ Deliverables • System enhancing/support(as required) • User Training(as requested via web or onsite) • Weekly wellness checks with dedicated account manager 4.1 Milestone Planning Procedures The City of Renton and EnerGov Project Manager will manage and track the progress of milestone deliverables against the approved Task Plan.All Implementation Teams will document and coordinate their activities through the Project Manager thus assigned using the Task Plan. Progress will be reported to both party's Project Director(s)and published on a bi-weekly basis by both the City's Project Manager and the EnerGov Project Manager. Slipped Tasks of the Task Plan can be identified by either the City of Renton or the EnerGov Project Team. In the event of a slipped task,it will be the responsibility of the both parties to determine a process to resolve the task and agree upon the resolution date of the slipped task. If a schedule change is a result of slipped task a change order must be completed and agreed upon by both party's Project Directors. 4.2 Hardware Expectations/Software Installation An and all hardware required for this project is to be purchased by the City and must be installed and operable Y q before the Configuration Milestone begins; all EnerGov software(test, development, and training instances)will be installed by EnerGov personnel during this phase. In conjunction with the City's Project Technical Lead, EnerGov will facilitate the installation of each software component delineated under Section 3-Components to be provided by EnerGov Solutions. The EnerGov Project technical team member will work with the City's project lead to complete • an installation journal documenting the entire installation process and acceptance criteria. Please find below an overview of EnerGov recommended server / client / mobile resources assuming eReviews technology will be implemented on the Application Server,specifications can be adjusted based upon different configurations: ❑ Database Server Specifications: Dell PowerEdge R710 Series or HP equivalent / Quad Core Xeon Processor(5500/5600 Series)2 GHz+or better/12 GB 133 MHz, Dual Ranked RDIMMs/73GB 15K RPM Serial-Attach SCSI HotPlug HardDrive(s)/Integrated SAS/SATA RAID 1/RAID 5/Additional Drive Space Provided by SAN/Microsoft Windows Server 2008/Microsoft SQL Server 2008 Standard ❑ Application Server Specifications: Dell PowerEdge R710 Series or HP equivalent / Quad Core Xeon Processor(5500/5600 Series)2 GHz+or better/12 GB 133 MHz, Dual Ranked RDIMMs/73GB 15K RPM Serial-Attach SCSI HotPlug HardDrive(s)/Integrated SAS/SATA RAID 1/RAID 5/Additional Drive Space Provided by SAN/Microsoft Windows Server 2008/115 7.0 ❑ External Application Server Specifications: VM Ware virtual server or HP Physical server equivalent ❑ Web Server Specifications: VM Ware virtual server or HP Physical server equivalent ❑ Client Specifications: Windows XP Professional SP 2 or Windows 7/2.0 GB RAM/5 GB Free Space ❑ Recommended Mobile Units: Panasonic Toughbook 19/1 GB RAM /2 GB Free Space or comparable standard laptop with similar specifications *EnerGov is capable of running in a virtualized environment utilizing VM Ware and fully supports Windows 7 operating system. I **The City will be responsible ensuring the stability of ESRI ArcGIS Server Advanced prior to the EnerGov NET implementation. 4.3 Business Process Assessment and Analysis X111 i EnerGov.NET Systems Implementation/Statement of Work • The City of Renton, in conjunction with the EnerGov Implementation Team will utilize standard "Best Practice" EnerGov business process flow documentation as a starting point for identifying the requirements for the implementation of EnerGov .NET. EnerGov will perform full business workflow/process analysis of all existing and documented processes and make appropriate system configurations and/or recommend appropriate process changes to best accommodate and promote a successful implementation and deployment the EnerGov.NET system. All business process workflows will be reviewed by City personnel familiar with each respective process and enhanced by the incorporation of site-specific reporting assembled for the City as part of this project. EnerGov will share all project specific workflow-business process design and analysis documentation to the City of Renton. 4.4 Design and Build The purpose of the design step is to identify the hierarchy of each business process discovered in the Assess Milestone and document all specifications and requirements needed to configure the EnerGov.NET system. EnerGov will be responsible for producing documents that outline the complete configuration of each business process. These documents, which may include (but are not limited to) configuration reports, Visio workflow diagrams,data conversion spreadsheets,excel fee structures,etc.will be submitted for review,approval and sign-off by the City's Project Manager. The business analysis and design documents will be the basis for creating test scenarios for each of the business processes. These documents will be defined by the City with the assistance of the EnerGov project team. The Implementation Team will utilize a server with appropriate database licenses established by the City. The data instance will be protected from non-implementation team members and backed up in accordance with the normal IT procedures utilized by the City. It's understood that non-implementation, "qualified technology staff", members may routinely have access to this data instance but the City will be fully responsible for their actions, etc. EnerGov configuration specialists will train the Implementation Teams on the proper use and set u of custom tabs and g P P P p P • menus. 4.5 :Acceptance Testing: g The purpose of the Acceptance Test is to execute and provide validation of all functions deemed mandatory for sign off and cut over to the production system. The criteria for signoff will be developed as part of the test plan development and solution design documentation. This shall include testing and validation of the City's annual fee increase process. Software will not be moved into production until signoff on the testing milestone has been received. The City will provide qualified personnel for testing process set ups within EnerGov NET when requested. Issues or problems that are identified during testing will be documented in an EnerGov approved incident log. During the project (i.e. after the business process review and setup)test procedures will be developed to lead to a formal acceptance of the system. Participation will be required of the City's Implementation Team to specify and run testing in order to gain the right level of acceptance. The principal intent of the test plan is to provide a realistic exposure of the EnerGov.NET system to real-world business-case scenarios. Testing Stages: Configuration Testing EnerGov and the City will perform configuration testing to validate that each business process is configured to the design specifications as approved by the City in Section 4.4.Any changes required to meet the design specification as approved by the City in Section 4.4 will be the responsibility of EnerGov. A sign-off sheet will be provided to allow City personnel to approve that each business process matches the design specification. Business Process Testing Selected City end user(s)staff will perform business process testing with assistance from EnerGov. This will test the configured business process to validate that the business process flow is appropriate and efficient in a database [12] I EnerGov.NET Systems Implementation/Statement of Work • environment.Any possible changes identified during this testing will be documented and presented to the EnerGov Implementation Team. EnerGov will review and make recommendations as to how to modify the business process. If applicable, EnerGov will make configuration modifications. All business process modifications will be the responsibility of the City,with support from EnerGov Staff. All business process testing will occur after configuration testing. Acceptance Process Testing The ability to complete processes accurately for each module presented in Section 3-Components to be provided by EnerGov Solutions will be part of the functional testing of deliverables. The acceptance process will be based on project deliverables that will be documented on a mutually agreed upon form. Knowledge transfer to City staff to the point of independent performance shall be a standard item on each acceptance form. Moreover, each defined deliverable will include a standard acceptance form. Within the testing timeframe, the Implementation Team will utilize a range of severity levels in order to prioritize the impact of test scenario failure.These being: • Level 1—Show Stopper.Cannot continue due to severity of error • Level 2—Critical Issue.Testing can continue but error will hinder ability to go live • Level 3—Major Problem.Testing can continue but business process will be impacted if put into a live setting • Level 4—Medium Problem.Testing can continue and system can go live with minimal revision to business process • Level 5—Minor Problem.Testing can continue and system can go live.Problem needs correction but does not impact business process. Response times and classification of issues into a severity level will be agreed upon by the City Implementation Team • and EnerGov as part of the User Acceptance Test Plan. The City will complete testing in a reasonable amount of time (as per the estimated effort)and correctly identify and document all problems present during that'round'of testing. Selected staff will be identified to test the system according to the agreed criteria from the Project User Acceptance Test Plan to ensure that the system's implementation at their site is successful.The staff will address the areas of the EnerGov software that are relevant to their business.The solution will be tested under normal/usual conditions of operation,as well as some exceptions that may occur in the business process. This will ensure that any problems are identified during the testing and an appropriate solution is found while the Implementation Team is still deployed in order to address such issues. Early detection of problems will also lower the tendency for people in various areas to find their own workarounds, thereby eroding the benefits of a consistent approach to financial management and associated benefits. 4.6 Business Process Documentation&Training Documentation EnerGov shall provide step-by-step documentation for all core training provided in an editable format such that the City may enhance the information with specific processes and workflow information. The City may choose to provide step-by-step documentation for each business process. 4.7 Comprehensive Staff Training EnerGov will provide comprehensive, on-site turn-key training and Go Live Support to City staff as delineated the software purchase proposal.Training for this project will be conducted on-site by the EnerGov Implementation team and will consist of a combination of One-on-One training & Classroom training. EnerGov's Project Manager will coordinate the training sessions in conjunction with the City's Project Manager. The City will be responsible for providing adequate space and equipment to conduct the training sessions unless otherwise noted (i.e. EnerGov [1 3] I EnerGov.NET Systems Implementation/Statement of Work provides the option for specialized training sessions @ its headquarters in Atlanta,GA for districts choosing to utilize this resource). Trainin g g and knowledge-transfer will be tailored around the unique business processes of each department/user- category:End-User,Administrative, Operations Staff, &ITAnalysts. Additionally,standard EnerGov training sessions will include the following general user-business functions&user-roles: ■ Standard Data Entry, Data Output, Reporting,and Editing features found in the standard functions of the EnerGov Solutions system ■ Business Process Manager Training ■ System Administrator Training ■ Power-User Training Training Plan The number of days for each functional area and schedule will be finalized and agreed to by both City staff and EnerGov and will be based upon several factors including City staff size, scheduling availability, and the approved contract. End user training will be organized and facilitated by City staff&EnerGov team following the outlined task plan. Training courses offered will consist of the following: Core&Special Function Staff Training These classes will cover all facets of EnerGov.NET,MobileGov,and Citizen Access Portal(CAP). a. Target Audience i. Training Kick-Off-All Users split among these two sessions ii. Inspections-Building,Planning,Fire and Code Enforcement field inspectors iii. Permit Mgmt.-Permit Technicians and Permit Managers across all departments iv. Plan Mgmt.-Plan Case Managers, Plan Examiners and Plan Expediters(if applicable) V. Code Enforcement-Code Case Managers and Code Enforcement Officers Vi. Licensing-License Technicians,License.Manager and Auditors(if applicable) Vii. Administrator-Power Users,System Administrator and Key Project Stakeholders where necessary Viii. One-on-One Sessions-As needed,trainees sign-up on a first come first serve basis as training progresses ix. Make-Up Sessions—Attended by users that missed sessions conducted earlier in the week and/or for those needing additional training so as to not get behind the curriculum b. Course Contents L Training Kick-Off-Opportunity to kick-off training with a bang! Quick slideshow making the introductions of the EnerGov project team(PM, BA and Trainers),review of the training schedule in detail(similar to below),distribution and review of training materials,setting Training and Go- Live expectations and answering preliminary questions.Often times will also include a brief preview/demo of the EnerGov.NET application for those that have not seen it yet. ii. Inspections-Utilization of the Inspections Module including Searching, Managing and Reporting on field inspections in EnerGov.NET.These sessions will also cover how inspections are integrated into the workflows and business process of all modules. iii. Permit Mgmt.-Utilization of the Permit Mgmt. Module including Searching, Managing and Reporting on permits as they relate to Building, Engineering, Planning and Code Enforcement work in EnerGov.NET.These sessions will also cover how the permits are integrated into Planning, Inspections, Licensing and Code Enforcement. iv. Plan Mgmt.-Utilization of the Plan Mgmt. Module including Searching, Managing and Reporting on plan cases in EnerGov.NET.These sessions will also include how the Plan Mgmt. module and corresponding cases interact with Permitting, Planning, Inspection,Code Enforcement and Licensing. V. Code Enforcement-Utilization of the Code Mgmt. Module including Searching,Managing and Reporting on code cases in EnerGov.NET and their impact on system wide functionality. 14 EnerGov.NET Systems Implementation/Statement of Work • vi. Licensing-Utilization of the License and Individual Licensing Modules including Searching, Managing and Reporting on Business and Individual Licenses in EnerGov.NET. vii. Administrator-Utilization of the Administrative Tools sets built into each of EnerGov.NET'S modules as well as system wide administration through the System Setup section of the application.These users will attend the other core training modules as they apply to their respective roles and responsibilities with the City in addition to attending these sessions. viii. One-on-One Sessions-Dedicated one-on-one sessions between EnerGov trainers and for those users still struggling with aspects of the software,those needing additional training on more advanced features and/or those users that missed any of the regularly scheduled core sessions and needs to make up that absence. c. Instructional Medium I. Training Kick-Off—Requires a large training room;preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen.It is recommended that the projector be widescreen,high-resolution capable of supporting 1280 X 800 or better. ii. Core Training Courses—Making up the bulk of our training schedule,these sessions will require a training lab with a minimum of 10 seats,desktop computers meeting EnerGov's minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen.It is recommended that the projector be widescreen,high-resolution capable of supporting 1280 X 800 or better. iii. One-On-One Sessions—These sessions will be conducted at the trainee's individual workstations or in a small training room with a single desktop computer meeting EnerGov's minimum system requirements or better. d. Materials Required i. Desktops or Laptops—These should meet our exceed EnerGov's minimum system specifications, be on the City Domain(network). ii. Projector and Screen—Widescreen,high-resolution projector capable of supporting 1280 X 800 or better.This will be required for the Training Kick-Offs and the Core Training Courses outlined above. iii. Network Connectivity—Out training team will need access to the City Domain (network)in order to point to and conduct training against the appropriate server environment(s). iv. Printer(s)—It is strongly recommended that a networked printer be made available in the training lab(s)where with Core Training Courses are conducted to allow the users to print and test reports produced from EnerGov.NET. e. List Training Facilities I. Training Kick-Off-Requires a large training room;preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen. ii. Core Training Courses—Making up the bulk of our training schedule,these sessions will require a training lab with a minimum of 10 seats,desktop computers meeting EnerGov's minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. iii. One-On-One Sessions—These sessions will be conducted at the trainee's individual workstations or in a small training room with a single desktop computer meeting EnerGov's minimum system requirements or better. Information Systems Staff Training These trainees will focus on the technical and system administration aspects of EnerGov.NET, MobileGov,and Citizen Access Portal(CAP). a. Target Audience L Training Kick-Off-All Users split among these two sessions ii. EnerGov.NET Installation—Those users responsible for installing the EnerGov.NET application on client machines [15] EnerGov.NET Systems Implementation/Statement of Work iii. User Administration-Those users responsible for administering the User Accounts, Roles and Security Rights within EnerGov.NET,CAP and MobileGov iv. Upgrading-Those users responsible for managing the upgrade process for Service Packs,Version Upgrades and other upgrades as required V. Crystal Reporting—Crystal Report Writers and general Report Development staff vi. Database Management—Database Administrators responsible for maintenance plans, back& recovery practices and general database administration tasks as required vii. GIS—GIS Analysts,GIS Developers and other GIS Department staff as required viii. eReviews—File Server managers,Web/IIS Administrators and other Network Administrators as required ix. Citizen Access Portal—Web and Network Administrators X. Dashboard Mgmt.—General IS Staff A. MobileGov—Those users responsible for supporting the MobileGov application on client machines (specifically laptops) xii. Integrations—Application Management staff for those applications that EnerGov.NET will integrate with;including but not limited to Financial,Document Imaging and GIS integrations where necessary xiii. Support Services—Those users responsible for contacting,coordinating and fostering the relationship between The City and EnerGov's Account Management and Client Support Services team xiv. Technical Administration— General IS Staff xv. DB Diagram Review—Database Administrators xvi. Technical Specs Review—General IS Staff xvii. SQL Queries—Database Administrators and General IS Staff xviii. Database Management—Database Administrators and General IS Staff xix. MobileGov Installation—Those users responsible for installing the MobileGov application on client • machines(specifically laptops) xx. GeoRules—GIS Analysts,GIS Developers and other GIS Department staff as required xxi. Report Management—Crystal Report Writers and general Report Development staff xxii. Network Administration—General Network Administration staff xxiii. Feature Requests—General IS Staff xxiv. One-on-One Sessions-Dedicated one-on-one sessions between EnerGov trainers and for those users still struggling with aspects of the software,those needing additional training on more advanced features and/or those users that missed any of the regularly scheduled core sessions and needs to make up that absence. xxv. eCityGovAlliances'API Training—Database Administrators,General Network Administration Staff b. Course Contents I. Training Kick-Off-Opportunity to kick-off training with a bang!Quick slideshow making the introductions of the EnerGov project team(PM,BA and Trainers), review of the training schedule in detail(similar to below),distribution and review of training materials,setting Training and Go- Live expectations and answering preliminary questions.Often times will also include a brief preview/demo of the EnerGov.NET application for those that have not seen it yet. ii. EnerGov.NET Installation—Installation and configuration of the EnerGov.NET application. iii. User Administration—Administration procedures for User Accounts, Roles and Security Rights within EnerGov.NET,CAP and MobileGov. iv. Upgrading-Managing the upgrade process for Service Packs,Version Upgrades and other upgrades as required. V. Crystal Reporting—Overview of EnerGov's Crystal Reporting Engine including how to configure new reports, manage existing reports and an understanding of reporting parameters. vi. Database Management—Creation and management of SQL Server Maintenance Plans, Back& Recovery best practices and general database administration tasks as required. vii. GIS—Review of EnerGov's GIS features including but not limited to Live-Link functionality,GIS • Business Process drivers and general integration with existing GIS infrastructure. [16] EnerGov.NET Systems Implementation/Statement of Work viii. eReviews—Configuration, maintenance and management best practices for EnerGov's eReviews system. ix. Citizen Access Portal—Implementation,configuration and management best practices for EnerGov's Citizen Access Portal. X. Dashboard Mgmt.—Administration and management of EnerGov's Executive Dashboards. A. MobileGov—Administration of EnerGov's mobile field inspection system including SQL Server Express installation,AirCard and VPN connectivity requirements and Web Service management via 11S. All. Integrations—Review of all integration pieces developed specifically for The City's backend system as they relate to EnerGov.NET. xiii. Support Services—Review of communication and coordination best practices when working with EnerGov's Account Management and Client Services team. xiv. Technical Administration—Review of the standard administration principles of the EnerGov systems including commonly encountered issues and their respective resolutions. xv. DB Diagram Review—Opportunity to review the DB Diagrams for EnerGov's Core modules. xvi. Technical Specs Review—Review of the minimum and recommended hardware and software requirements for EnerGov.NET,MobileGov,and Citizen Access Portal(CAPSQL Queries—Common and useful SQL Queries for backend administration and retrieval of data from within SQL Server. xvii. Database Management—Common database management principles as they relate to EnerGov. xviii. MobileGov Installation—Installation and configuration of the MobileGov application on client machines(specifically laptops). xix. GeoRules—Review the configuration and functionality of GeoRules in EnerGov and their impact on the GIS driven features in EnerGov. xx. Report Management—Management of Crystal Reports in EnerGov.NET, MobileGov and CAP. xxi. Network Administration—Common network administration principles as they relate to EnerGov. xxii. Feature Requests—Method of completing and submitting Feature Requests to EnerGov's Account Management and Client Services team. xxiii. One-on-One Sessions—As needed trainees sign-up on a first come first serve basis as training g P g progresses xxiv. Make-Up Sessions— Attended by users that missed sessions conducted earlier in the week and/or for those needing additional training so as to not get behind the curriculum c. Prerequisites L With the employment of comprehensive training plan,it's essential that the trainees involved be considered proficient in the use of technology, be comfortable with Microsoft centric products, possesses basic level computing skills,and be familiar with job specific GIS data. ii. Additionally,our training program is comprehensive and escalates in content and detail as the session progress;thus attendance at each training sessions necessitates attendance at the preceding session for it. d. Instructional Medium ]. Training Kick-Off—Requires a large training room;preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen.It is recommended that the projector be widescreen,high-resolution capable of supporting 1280 X 800 or better. ii. Core Training Courses—Making up the bulk of our training schedule,these sessions will require a training lab with a minimum of 10 seats,desktop computers meeting EnerGov's minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. It is recommended that the projector be widescreen,high-resolution capable of supporting 1280 X 800 or better. iii. One-On-One Sessions—These sessions will be conducted at the trainee's individual workstations or in a small training room with a single desktop computer meeting EnerGov's minimum system requirements or better. e. Materials Required • [17] EnerGov.NET Systems Implementation/Statement of Work I • i. Desktops or Laptops—These should meet our exceed EnerGov's minimum system specifications, 'be on the City Domain(network). ii. Projector and Screen—Widescreen,high-resolution projector capable of supporting 1280 X 800 or better.This will be required for the Training Kick-Offs and the Core Training Courses outlined above. iii. Network Connectivity—Out training team will need access to the City Domain(network)in order r to point to and conduct training against the appropriate server environment(s). iv. Printer(s)—It is strongly recommended that a networked printer be made available in the training lab(s)where with Core Training Courses are conducted to allow the users to print and test reports produced from EnerGov.NET. f. List Training Facilities i. Training Kick-Off-Requires a large training room; preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen. ii. Core Training Courses—Making up the bulk of our training schedule,these sessions will require a training lab with a minimum of 10 seats,desktop computers meeting EnerGov's minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. iii. One-On-One Sessions—These sessions will be conducted at the trainee's individual workstations or in a small training room with a single desktop computer meeting EnerGods minimum system requirements or better. Supervisory and High-Level Management Training These trainees will focus on the managerial and administrative aspects of EnerGov.NET, MobileGov,and Citizen Access Portal(CAP). a. Target Audience i. Training Kick-Off-All Users split among these two sessions • ii. EnerGov Dashboard—All supervisory and high-level management power users iii. Inspections Module—All those supervisory and high-level management power users that need to be familiar with details related to field inspections in EnerGov.NET.These sessions will cover reporting(standard and ad-hoc),searching and interpreting data in the Inspections Module. iv. Plan Mgmt.Module-All those supervisory and high-level management power users that need to be familiar with details related to Plan Cases in EnerGov.NET.These sessions will cover reporting (standard and ad-hoc),searching and interpreting data in the Plan Mgmt. Module. V. Permit Mgmt.Module-All those supervisory and high-level management power users that need to be familiar with details related to Permits in EnerGov.NET.These sessions will cover reporting (standard and ad-hoc),searching and interpreting data in the Permit Mgmt.Module. vi. Licensing Module-All those supervisory and high-level management power users that need to be familiar with details related to Business and Individual Licenses in EnerGov.NET.These sessions will cover reporting(standard and ad-hoc),searching and interpreting data in the Business and Individual Licensing Modules. vii. Code Mgmt.Module-All those supervisory and high-level management power users that need to be familiar with details related to Code Cases in EnerGov.NET.These sessions will cover reporting (standard and ad-hoc),searching and interpreting data in the Code Mgmt.Module. viii. MobileGov—Those users that need to understand the functionality offered by EnerGov's mobile field inspection solution. ix. Citizen Access Portal—Those users that need to understand the functionality offered by EnerGov's Citizen Access Web Portal. X. Inspection Reporting—Those users that need to understand the reporting features in EnerGov's Inspections Module. A. Plan Mgmt.Reporting-Those users that need to understand the reporting features on EnerGov's Plan Mgmt. Module. xii. Permit Mgmt.Reporting-Those users that need to understand the reporting features on • EnerGov's Permit Mgmt. Module. II [18] I I EnerGov.NET Systems Implementation/Statement of Work . xiii. Licensing Reporting-Those users that need to understand the reporting features on EnerGov's License Module. xiv. Code Mgmt.Reporting-Those users that need to understand the reporting features on EnerGov's Code Mgmt.Module. xv. One-on-One Sessions-Attended by users that missed sessions conducted earlier in the week and/or for those needing additional training so as to not get behind the curriculum b. Course Contents i. Training Kick-Off-Opportunity to kick-off training with a bang!Quick slideshow making the introductions of the EnerGov project team(PM, BA and Trainers), review of the training schedule in detail(similar to below),distribution and review of training materials,setting Training and Go- Live expectations and answering preliminary questions.Often times will also include a brief preview/demo of the EnerGov.NET application for those that have not seen it yet. ii. EnerGov Dashboard—In-depth review of EnerGov's Executive Dashboard,including the interpretation of charts and graphs,utilization of the Bulletin Board and Task features and monitoring of EnerGov Software License usage. iii. Inspections Module—These sessions will cover reporting(standard and ad-hoc),searching and interpreting data in the Inspections Module. iv. Plan Mgmt.Module-These sessions will cover reporting(standard and ad-hoc),searching and interpreting data in the Plan Mgmt. Module. V. Permit Mgmt.Module-These sessions will cover reporting(standard and ad-hoc),searching and interpreting data in the Permit Mgmt. Module. Vi. Licensing Module-These sessions will cover reporting(standard and ad-hoc),searching and interpreting data in the Business and Individual Licensing Modules. Vii. Code Mgmt.Module-These sessions will cover reporting(standard and ad-hoc),searching and interpreting data in the Code Mgmt. Module. Viii. MobileGov—Review of the functionality offered by EnerGov's mobile field inspection solution. ix. Citizen Access Portal—Review of the functionality offered by EnerGov's Citizen Access Web Portal. X. Inspection Reporting—Extensive review of the reporting features on EnerGov's Inspections Module including standard reports,ad-hoc reports and reporting parameters available to supervisory and high-level management power users. A. Plan Mgmt.Reporting-Extensive review of the reporting features on EnerGov's Plan Mgmt. Module including standard reports,ad-hoc reports and reporting parameters available to supervisory and high-level management power users. xii. Permit Mgmt.Reporting-Extensive review of the reporting features on EnerGov's Permit Mgmt. Module including standard reports,ad-hoc reports and reporting parameters available to supervisory and high-level management power users. xiii. Licensing Reporting-Extensive review of the reporting features on EnerGov's License Module including standard reports,ad-hoc reports and reporting parameters available to supervisory and high-level management power users. xiv. Code Mgmt.Reporting-Extensive review of the reporting features on EnerGov's Code Mgmt. Module including standard reports,ad-hoc reports and reporting parameters available to supervisory and high-level management power users. xv. One-on-One Sessions-Dedicated one-on-one sessions between EnerGov trainers and for those users still struggling with aspects of the software,those needing additional training on more advanced features and/or those users that missed any of the regularly scheduled core sessions and needs to make up that absence. xvi. Make-Up Sessions— Attended by users that missed sessions conducted earlier in the week and/or for those needing additional training so as to not get behind the curriculum c. Prerequisites i. With the employment of comprehensive training plan,it's essential that the trainees involved be considered proficient in the use of technology,be comfortable with Microsoft centric products, possesses basic level computing skills,and be familiar with job specific GIS data. • I I [19] EnerGov.NET Systems Implementation/Statement of Work • ii. Additionally,our training program is comprehensive and escalates in content and detail as the session progress;thus attendance at each training sessions necessitates attendance at the preceding session for it. d. Instructional Medium I. Training Kick-Off-Requires a large training room;preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen.It is recommended that the projector be widescreen, high-resolution capable of supporting 1280 X 800 or better. ii. Core Training Courses—Making up the bulk of our training schedule,these sessions will require a training lab with a minimum of 10 seats,desktop computers meeting EnerGov's minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. It is recommended that the projector be widescreen, high-resolution capable of supporting 1280 X 800 or better. iii. One-On-One Sessions—These sessions will be conducted at the trainee's individual workstations or in a small training room with a single desktop computer meeting EnerGov's minimum system requirements or better. e. Materials Required 1. Desktops or Laptops—These should meet our exceed EnerGov s minimum system specifications, be on the City Domain(network). ii. Projector and Screen—Widescreen,high-resolution projector capable of supporting 1280 X 800 or better.This will be required for the Training Kick-Offs and the Core Training Courses outlined above. iii. Network Connectivity—Out training team will need access to the City Domain (network)in order to point to and conduct training against the appropriate server environment(s). iv. Printer(s)—It is strongly recommended that a networked printer be made available in the training lab(s)where with Core Training Courses are conducted to allow the users to print and test reports • produced from EnerGov.NET. f. List Training Facilities i. Training Kick-Off-Requires a large training room; preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen. ii. Core Training Courses—Making up the bulk of our training schedule,these sessions will require a training lab with a minimum of 10 seats,desktop computers meeting EnerGov's minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. iii. One-On-One Sessions—These sessions will be conducted at the trainee's individual workstations or in a small training room with a single desktop computer meeting EnerGov's minimum system requirements or better. Training Participation Attendance at training sessions by City staff at the time and dates specified is imperative for a successful implementation of the system. It is recommended that a training coordinator be assigned by the City to ensure users are attending their courses when scheduled and to identify which persons do not attend the courses. This training coordinator may be a member of the City's Implementation Team. The training coordinator will work with EnerGov to finalize the course list and attendance schedules as required for success. EnerGov will provide the trainer to conduct these classes. 4.8 Business Acceptance&Sign Off(By module) The joint project managers will present the final documented business process, configuration design and step-by- step process training documents to the City's Project Director for review and final approval sign-off prior to the • system"GO LIVE"decision. [20] EnerGov.NET Systems Implementation/Statement of Work • 5.0 Project Staffing Roles/Expectations ❑ Project Director(1)—City of Renton The Project Director provides oversight to the entire project. The primary responsibility of the Project Director: • Carry the-project through all parts of the City's organization, • Oversight/Approval of scope of work changes, • Manage the minimization of changes to the scope of work, • Managing the contractual interaction between City staff and EnerGov, • Obtain funding for the project budget, • Ensuring the orderly payment of EnerGov's bills as each milestone is met, • Provide executive sign off on Project Milestone achievements, • Track and ensure proper resolution of all project issues, • Manage project scope changes, • Lead the change management through the key City departments, • Track all project expenses, • Management and accountability for the Risk Management process, • Handle all public announcements and queries,and • Resolve all escalated issues,which might affect the project's success. The Project Director will meet with the Implementation Team at least monthly during the implementation to review project development progress and resolve issues. ❑ Application Support Manager(1)—City of Renton • The person assigned this role will beresponsible for providing the City's in f ormation technology systems support to EnerGov and the public user community throughout the project.Specifically, the responsibilities of this position are: Oversees technical tasks for the project,including: • Resolve all escalated technical issues which might affect the project's success, • Creates and maintains the technical task schedule for the project. • Conducts laboratory testing of EnerGov's software for compatibility with the City's application portfolio prior to its distribution to production environment. • Prepares all purchase specifications for supplemental computer equipment and services. • Coordinates the City's technical support activities for the project. • Assists the EnerGov application set up specialist with the initial installation and configuration of all of the software and hardware components. • Establishes and administers application security profiles for the user community. • Assists user community to utilize EnerGov's library of standard reports,inquiries and balance tables to create custom reports for their organization. • Implement EnerGov Government&Finance interface templates as required • Collects, reports and tracks the status of EnerGov software trouble reports. • Coordinates the testing and installation of EnerGov software upgrades. • Monitors the performance of the applications and investigates performance problems. • Assists in the data conversion process by providing information about the City's legacy databases, • Assists the application set up specialists in the creation of development,training and production instances and in implementing data access security, • Assists in troubleshooting data-related problems, • [21] EnerGov.NET Systems Implementation/Statement of Work • • Monitors the performance of the EnerGov database,optimizes data distribution and indices and investigates performance problems,and • Establishes and implements data back-up processes. • Server Support-Assist the EnerGov application set up specialists in the installation,configuration,testing and deployment of EnerGov's server-based software within the City's servers. • Network Support-Assist the EnerGov application set up specialists in the installation,configuration,testing and deployment of EnerGov's software within the City's network. ❑ Project Manager(1)—City of Renton This role is the primary contact for EnerGov with regard to contractual topics. In partnership with the EnerGov Project Manager, the City's Project Manager is responsible for the day-to-day oversight of the project and reports to the Project Directors. In general, this person is responsible for guiding their organization through the transition from the City's legacy system to the EnerGov application. The position reports to the Project Director for day-to- day project direction. Specifically, the responsibilities of this position are: • Serve as coordinator of the City's Implementation Team, • Create the master project plan and time line with assistance from the EnerGov Project Manager, • Develop the Project Resource Plan working with the EnerGov Project Manager, • Schedule and coordinate project tasks with assistance from the EnerGov Project Manager, • Coordinate the City's Implementation Team resources, • Participate in daily project activities, • Track progress on project tasks, • Coordinate the development of the City's End User Training Plan, • Develop and obtain approval of the City's Roll-out and Transition Plans,and • • Develop and obtain approval of the City's Acceptance Plan. ❑ Functional and Business Core Team-City of Renton • Serve as Project Champions for day-to-day EnerGov users, Intra-City Departments,external Agencies and Stakeholders. • Serve as Division liaison for all business-related processes and tasks. • Serve as or define"process experts"who will be available for interview and will have adequate knowledge of the process to provide definitive answers regarding the process and associated business rules. • Serve as or define"process owners"(department heads, managers,supervisors)who will confirm and validate processes,including"sign-off'. • Serve an integral role in documenting business rules and process workflows within your division and for any other departments/divisions/agencies with whom you interact. • Provide requested information,documents,sample files,and other materials relevant to-the process in a timely manner. • Participate in system configuration and validation processes. • Participate in development of the Test Plan to adequately assess the system during UAT. • Participate in UAT—including training,testing, legacy data conversion validation,and refinement of business rules. • Participate in development of the Training Plan. • Participate in training. • Participate in Go-Live transition. • [22] EnerGov.NET Systems Implementation/Statement of Work I� • 5.1 EnerGov Project Team ❑ EnerGov's Project Director-Primary responsibility will be to assist Implementation Team when needed and provide issues resolution when necessary. The Project Director shall present the resumes of proposed consultants before they arrive on site and reviewed by the City's Project Director. The City reserves the right not to approve a consultant.If a consultant hinders the project,the City may request a replacement, which will then go through the some approval process. Once a consultant spends significant time on the project,EnerGov will not remove them until their work is complete,although it is understood there may be other work done for other customers as well as this project. Additional Responsibilities include: • Senior Management contact from EnerGov for the duration of the project, • Contractual interaction between the City and EnerGov, • Conduct initial project startup meeting with the City's Project Director, • Coordinate resourses for EnerGov's activities, • Risk management review, • Provide issue resolution for issues escalated to EnerGov, • Participate in project reviews,with the EnerGov Implementation Team. ❑ EnerGov's Project Manager-Primary responsibility will be to manage the project resources,schedules, timeline, status reports and billings. Additional Responsibilities include: • Primary contact from EnerGov for the duration of the project, • Team Leadership of EnerGov's Resources, • Coordinate EnerGov's activities with the City's Project Manager during the project duration. • Coordinates the project's interaction with any EnerGov subcontractor and/or service provider, • Participate in the initial project startup meeting with the City's Project Manager, • • Risk management, • Issue management, • Maintaining the project plan, • Scheduling&tracking of resources, • Project reporting, • Milestone sign off, preparation and delivery of milestone invoices,and • Participation in project reviews. ❑ EnerGov's Implementation Team-Primary responsibility will be to manage&support EnerGov's software and hardware implementation&deployment. Additional Responsibilities include: • Provide consulting advice to EnerGov and City Implementation Team members as deemed necessary by EnerGov, • Liaises with EnerGov to resolve outstanding issues. I 6.0 Data Migration&Importation Data will be imported from the several, unrelated systems. The City is responsible for extracting the relevant data from source and providing it to EnerGov in MS Access or similar format(i.e.csv,delimited)for each defined business process. Reformatting,normalizing,and loading it into the new system will be the responsibility of the EnerGov data services department. Responsibility for data quality is held by the City. If additional interface points are required from EnerGov Solutions, they will be handled as part of the change control process. The City acknowledges that data conversions not part of the proposal will be billed at time and material rates negotiated between EnerGov and the City. Data imported by EnerGov is not guaranteed to be more accurate or more complete than the data provided • to EnerGov. The following data importations have been included in the software purchase proposal: i [23] EnerGov.NET Systems Implementation/Statement of Work • ➢ City of Renton Data Conversion • Accela Permits Plus Data Conversion • Fire Inspection FDM Data Conversion • Eden Business&Pet Licensing,Adult Entertainment Licenses Data Conversion ➢ City of Renton Proposed Interfaces • MBP Integration/API EnerGov will provide a custom API designed to work with MyBuildingPermits.com(MBP). The goal of the MBP API will be to create an easy to use, version independent integration point into the hosting cities EnerGov.NET system. This will be designed and maintained by EnerGov Solutions to facilitate multiple versions of the EnerGov software via one central API. This API will be designed around the permit and a-plan process designated by the City of Renton and eCityGov portal. • King County Owner Address EnerGov will consume designated data from data source (i.e. GIS, SQL, etc.) and provide necessary data presentation for end users. • King County Owner Address EnerGov will consume designated data from data source (i.e. GIS, SQL, etc.) and provide necessary data presentation for end users. • State Contractor License Interface EnerGov will provide a web service tool for license verifications (this integration will be the some specifications as the City of Renton, WA). • Microsoft Exchange EnerGov will provide a web service or comparable interface to bi-directionally report inspection schedules and related'free/busy"allocations. Users will be able to read their personal calendars within the Energov software even when the appointment/meeting was generated in Exchang%utlook. • o Tyler/Eden Financial Interface EnerGov will provide necessary flat file export for daily financial transactions. • Laserfiche Integration Energov will integrate with the City's Laserfiche application for electronic storage of all record retention files. • EAM Interface Energov will create an interface between Energov and EAM for creating Water Meter service requests/work orders in City's Infor EAM software. • State Business License Interface EnerGov will provide a web service tool for license verification. 6.1 Report Writing and Workflow The City of Renton is responsible for additional custom report writing (in excess of 30 custom reports and the 7 allocated days within the implementation for a dedicated Crystal Report writing specialist). EnerGov will provide the City with documentation listing all standard reports available with the EnerGov Solutions product along with the database schema and dictionary.This can be used in teaching the City how to write reports and workflow or spent on actual reports and workflow development. Most report and workflow requirements can be met through minor modifications to the standard inquiries, standard workflow, sample report formats and EnerGov report templates developed specifically for government entities. [24] EnerGov.NET Systems Implementation/Statement of Work • 6.2 Technical Support EnerGov personnel will have(Database Administrator)DBA privileges on the development and production instances. The EnerGov support will require RDP or equivalent access to the EnerGov server(s) with appropriate securities (power user access)to EnerGov folder(s). 6.3 Business Process Freeze Changes to business processes and rules will not occur after each City has signed-off of User Acceptance Testing, which will be signed off by the City of Renton Project Director as accepting the proposed business processes. Changes after that stage will be kept to the minimum necessary to meet changes in statutory or audit requirement, etc.All proposed changes to business processes and rules will be referred to the Implementation Team for an impact statement. Changes will not be implemented without the sign off from the Implementation Team. 6.4 Project Change Order-Defined As with any enterprise implementation, it may become necessary to amend this Statement of Work for various reasons including,but not limited to,the following: • Discretionary changes to the project schedule and/or scope • Requested changes to the work hours of EnerGov Project Team • Non-availability of products, resources or services which are beyond either party's control • Environmental or architectural impediments not previously identified • Lack of access to personnel or facilities necessary to complete project In the event that circumstances necessitate a change or alteration to the Statement of Work,a Project Change Order • (PCO) request will be created, documented and approved (by both parties) in order to formally amend the originally agreed upon project terms. (Note:A PCO may be initiated by either party and will be the primary, tangible, vehicle for communicating change order requests; a PCO may also be issued for any changes where decisions need to be documented but do not necessarily affect the project schedule,scope,or budget). The PCO will necessarily document,in sufficient detail,the following information: • Nature and Definition of the change • Reason(s)for the change requisition • Scope of the change in objective,measurable terms • Immediate and/or deferred effect(s)on the project plan,schedule,cost(if applicable) • Responsible party Pro]ect Change Order(PCO)-Procedure i The designated Project Manager of the requesting party will review the proposed change and determine whether to submit the request to the other party. Both Project Managers will review the proposed change and approve it or reject it. If further investigation on the part of EnerGov is requested in order to determine the scope of the change, any charges for that investigation will be clearly outlined and presented to the City for evaluation and written acceptance. Both Project Managers will sign the PCO, indicating the acceptance of both parties to the requested changes,which may affect pricing,schedules,and contractual commitments. Upon acceptance of the change request by both project managers, the scope of work and costs will be modified appropriately, and the changes will be incorporated into the project. Any resulting Purchase Order(s) affected by the change will be indicated on the PCO, and the PCO Number will be referenced when invoicing for any additional charges against the P.O. I I [25] EnerGov.NET Systems Implementation/Statement of Work • 6.5 Project Closing Summary Final system acceptance will occur within 60 days after"Go-Live"for which the City of Renton will be required to provide a comprehensive list of all open items,within the scope of this project,that must be resolved by EnerGov project personnel prior to final system approval,payments,etc. 6.6 Facility Requirements The City of Renton will provide the following facilities and accommodations for both the dedicated and transient members of the EnerGov Implementation Team(s). Implementation Team Work Space—The City will provide adequate workspace that will allow the EnerGov Implementation Team to facilitate interaction with the between Implementation Teams for the duration of the application project.The workspace will provide an area for up to three EnerGov employees with a chair,phone,and network connection for each EnerGov employee. EnerGov will use company provided cell phones for all long distance calls and will use City equipment for purposes of this project only. Conference Rooms—The City of Renton will provide access to conference rooms that can be reserved for the project throughout the duration of the project as needed. This arrangement will facilitate both planned meetings and spontaneous group discussions and reduce the interruptions to others members of the Implementation Team. 6.7 Dispute Resolution In the event of any dispute between the Parties, both Parties shall first attempt to resolve the dispute at the Project Manager level,or his/her equivalent, representing the City,and his/her equivalent, (name),or • their replacement(s) representing EnerGov. If the dispute is not resolved at this level within ten (10) business days of the date the other party is first informed of the dispute in writing,the parties shall attempt to resolve the dispute at the Project Sponsor level (Project Director), or his/herequivalent P P 1 P 1 ) q representing the City, and the his/her equivalent, (name), representing EnerGov. 6.8 Support Procedures and Policies 1.0 HELP DESK SUPPORT 1.1 CALL THE HELP DESK When reporting an issue to the Help Desk,the customer should have all basic information and as much of the following data as possible available: • A business explanation of the issue's severity • Application and revision(obtained from Help-About) • Module or screen where problem occurred • Detailed description of the problem, not generalities • Whether it is repeatable or random • Error logs or other data useful in determining resolution Priority 1 issues should be communicated by telephone to the Help Desk.All other priority levels can be logged via telephone, E-mail,or fax. The Help Desk is your main contact point for EnerGov and provides a means to get • questions answered and problems resolved. Your request is logged into our automated [26] I EnerGov.NET Systems Implementation/Statement of Work • CRM system and assigned a case number. This system is used to manage, control, and monitor your support issue. This becomes a central repository of common problem information and this repository will aid in reducing problem reoccurrence and speed the resolution of a problem that may have already been encountered by another customer site. 1.2 EnerGov confirms receipt of issue and priority EnerGov will work with you to mutually set the correct priority of each issue. However, EnerGov reserves the right to set the final priority within the framework established in Section 3. The customer will be notified the receipt of the issue via an automated email with the assigned case number. 1.3 EnerGov will work to resolve your issue or question The Help Desk staff will work to answer your question, analyze support issues, and coordinate the resolution of your concern. Help Desk coordination may include getting other EnerGov functional departments, such as Professional Services or Research & Development,involved. Please note: Customer is responsible for providing assistance in diagnosing the cause of any issue reported. Assistance may include providing listings of output and any other data that EnerGov may reasonably require in order to reproduce the problem and the operating conditions under which the problem occurred or was discovered. 1.4 EnerGov provides answer and seeks confirmation EnerGov will provide the answer, which may include written documentation, a program • fix, a procedural work-around, or some other solution or material.After we feel the issue has been fully responded to,we will request a confirmation from you to close the issue. If we don't get conformation back within 48hr's we will consider the issue resolved and close the case.Once a case is closed a confirmation email will be sent to the contact that is listed in the CRM. 1.5 Custom report writing and modification EnerGov will quote this based on the then current report development rates. See Appendix B for the custom report request form. • [27] I EnerGov.NET Systems Implementation/Statement of Work • 2.0 PRIORITY LEVELS AND RESOLUTION GOALS 2.1 Priority Levels: Priority Goal Level Definition Expected Response Resolution Time 1 Production/system is down All parties to work ASAP, with status and work cannot continue continuously until problem is reports daily if not until problem is fixed. Or resolved. fixed within 24 system is executing but not hours. usable`output is generated. 2 Inaccurate or loss of business Work should continue on a 72 hours,with data. The output is not being normal workday basis until a status reports saved correctly or the defect permanent solution is in every two days, if prevents the nominal solution place. not fixed within 72 from being generated. hours. Problem is occurring in a business critical module, and there is no work-around. 3 Issue is not critical to the Resolution is worked into a Next Available business or there is a planned project repair and Release workaround to an otherwise development schedule. priority 1 or 2 issue. • 4 Trivial cosmetic, "aught-to- Resolution deferred or Future Release be,"or ease of use problem. development efforts are scheduled in the involved program(s)or software module. 5 Report Creation or Reports that are not business 10 Days Modification critical and the client is not in a hurry to receive them. ("It would be nice if the report could show this" • [28] i �� • Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 ECityGov Alliance REQUEST FOR PROPOSAL RFP # 09-003 Regional Permit System Due Date and Time: Noon November 6, 2009 • Page 1 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 REQUEST FOR PROPOSAL Notice is hereby given that proposals will be received by the eCityGov Alliance("Alliance") for: RFP #09-003 Regional Permit System th b filing with SoftResources LLC 11411 NE 124 Street Suite 270 Kirkland WA 98034 until: Y g , Date: November 6,2009 Time: Noon Vendor proposals and questions are to be sent to: • Trisha Tubbs Director SoftResources LLC 11411 NE 124`h Street,Suite 270 Kirkland, WA 98034 ttubbs @softresources.com Proposals submitted after the due date will not be considered. Proposers accept all risks of late delivery of mailed submittals regardless of fault. Statement of Rights The Alliance and the Participating Cities in this proposal (Bothell, Issaquah, Kirkland, Redmond, Renton and Sammamish) reserve the right to: • Reject any and all submittals, and to waive irregularities and informalities in the submittal and evaluation process. • Page 2 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 • Accept the bid, bids or parts of a bid deemed most advantageous to the Alliance,the Participating Cities or the Alliance's Subscriber Entities (jurisdictions who subscribe with the Alliance to either participate in the intra-local agreement or for hosted services provided by the Alliance or a Participating City). • Amend the RFP in any manner prior to contract award. • Cancel or reissue the RFP. • Obtain clarification of any point in a vendor's proposal. Such clarifications can be in any form such as but not limited to conference calls,email communications,Web demos, onsite demos or vendor headquarters visits. • Share the RFP, proposals and subsequent vendor provided information with its consultant(s) in order to secure expert opinion. • Videotape all demos • If applicable, request from the software vendor a different implementation provider than the one proposed or at its sole discretion,select a different implementation provider on its own. • Clarification of Purchase Commitment and No Reimbursement of Proposal Costs This RFP does not obligate the Alliance to pay any costs incurred by respondents in the preparation and submission of their proposals. Furthermore, the RFP does not obligate the Alliance or its Participating Cities to accept or contract for any expressed or implied services. Public Disclosure Notice In order to protect the integrity of the contracting process, proposals will not be disclosed until after award and signing of any and all contracts that may result from this Request for Proposal. All materials provided by the Vendor are subject to State of Washington, and applicable County (e.g. King county) public disclosure laws. Any information contained in the proposal that the Vendor desires to claim as proprietary or confidential,and exempt from disclosure must be clearly designated, including identifying the page and particular exception(s) from disclosure. The Alliance will try to respect all material identified by the Vendor as being Proprietary or Confidential, but requests that Vendors be highly selective of what they mark as Confidential. The Alliance will make a decision predicated upon applicable laws and can choose to disclose information despite its being marked as confidential or proprietary. Marking the entire proposal as proprietary or confidential, and therefore, exempt from Page 3 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 disclosure will NOT be accepted or honored, and may result in disclosure of the entire proposal or disqualification of the proposal solely at the discretion of the Alliance. Documents identified as confidential or proprietary will not be treated as such if public disclosure laws take precedence, the information is publicly available, the information is already in the Alliance's or Participating Cities' possession, the information is obtained from third parties without restrictions on disclosure, or the information was independently developed without reference to the Confidential information. Non-Discrimination Policy The Alliance is committed to a program of equal employment opportunity regardless of race, color, creed,sex,age, nationality,disability,or sexual orientation. The successful consultant must comply with the Alliance's equal opportunity requirements. Dated this 9th day of October 2009. • Trisha Tubbs Director SoftResources LLC Page 4 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 Table of Contents 1. NOTICE.............................................................................................................................................7 2. PURPOSE..........................................................................................................................................7 3. BACKGROUND.................................................................................................................................8 3.5 BACKGROUND: ECITYGOV ALLIANCE AND MYBUILDING PERM IT.COM .......................................9 3.6 BACKGROUND INFORMATION FOR PARTICIPATING CITIES........................................................11 3.7 DEFINITIONS.....................................................................................................:..........................12 4. SCOPE OF SERVICES.......................................................................................................................13 4.1 LICENSE AND HOSTING OPTIONS TO MEET BUSINESS MODEL AND OBJECTIVES.......................13 4.2 KEY MODULES/FUNCTIONALTY FOR PARTICIPATING CITIES.......................................................15 4.3 FUNCTIONAL REQUIREMENTS FOR REGIONAL PERMIT SYSTEM................................................16 • 4.4 REQUIREMENTS FOR PRICE PROPOSAL.......................................................................................17 5. QUALIFICATIONS ...........................................................................................................................17 6. SUBMITTAL REQUIREMENTS.........................................................................................................17 7. RFP SCHEDULE...............................................................................................................................25 8. RFP COORDINATOR/COMMUNICATIONS......................................................................................26 9. EVALUATION CRITERIA..................................................................................................................26 10. QUESTIONS..................................................................................................................................28 11. REJECTION OF PROPOSALS..........................................................................................................28 12. PROPOSING PARTY'S EXCEPTIONS..............................................................................................29 13. CONTRACT NEGOTIATION...........................................................................................................29 14. CONTRACT AWARD.....................................................................................................................29 15. EQUAL OPPORTUNITY EMPLOYMENT.........................................................................................30 Page 5 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 16. TITLE VI........................................................................................................................................30 17. INSURANCE REQUIREMENTS.......................................................................................................30 19. NON-ENDORSEMENT..................................................................................................................30 22. PUBLIC RECORDS.........................................................................................................................31 24. OWNERSHIP OF DOCUMENTS.....................................................................................................32 Attachment A—Functional Requirements...........................................................................................33 Attachment B—Price Proposal............................................................................................................34 Attachment C—Company Information and Qualifications..................................................................35 AttachmentD—RFP Exceptions.................................................................................................................... 36 Attachment E—Terms and Conditions,and Sample Professional Services Agreements.................. .. 37 Attachment F—Technical Information and Requirements....................................................................... 38 Attachment G—Customer References...................................................................................................... 39 • Attachment H—Other Requirements.......................................................................................................... 40 Page 6 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 General Information RFP Issued: October 9,2009 Proposals Due: November 6,2009 Noon Request for Proposal Information: Submit Proposals to: RFP Number: RFP#09-003 Physical eCityGov Alliance Address: c/o SoftResources LLC RFP Title Regional Permit System 11411 NE 124th Street, Suite 270 Kirkland,WA 98034 Contact Trisha Tubbs person(s): Cherish Cruz Email Mailing eCityGov Alliance ttubbs @softresources.com Address: Address(es): c/o SoftResources LLC ccruz @softresources.com 11411 NE 124th Street, Suite 270 Kirkland,WA 98034 • 1. NOTICE 1.1 Notice is hereby given that proposals will be received by the eCityGov Alliance, for RFP#09-003 Services Relating to Regional Permitting Software System, by filing with the Alliance at the above location. 2. PURPOSE 2.1 The purpose of this Request for Proposal is to assist the eCityGov Alliance ("Alliance") members and subscribers ("Stakeholders") in identifying qualified vendors that can offer permitting software that can integrate bi-directionally with the Alliance's www.MyBuildingPermit.com portal and/or with an individual city's own Web portal. The portal(s) will provide citizens and other stakeholders (such as architects and developers) the ability to apply for permits online, submit electronic plans, pay related fees, schedule inspections, check status, and other related functions. • Page 7 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 3. BACKGROUND 3.1 The Alliance is requesting proposals from qualified vendors to provide options for regional permitting software for the Alliance, six (6) participating cities and future jurisdictions which may decide to participate as part of an intra-local agreement or by subscribing to hosted services provided by the Alliance, one of the participating cities, or a vendor or 3rd party provider. Vendors are invited to submit a proposal outlining their experience and qualifications in performing work directly related to the scope required;their understanding of what the Alliance and the participating cities are doing and intend to do,and how the Vendor will help them meet their goals and objectives; their ability to meet the functional and other requirements as identified in this Request for Proposal (RFP);their proposed pricing as requested in this RFP; any other proposed alternatives or options to help the Alliance and the participating cities accomplish their goals and objectives; and their ability to meet the technology, contract terms and conditions,award and contracting options and timing,and payment terms of this RFP. 3.2 The current participating entities in this RFP are shown below: City of Bothell City of Issaquah City of Kirkland City of Redmond City of Renton City of Sammamish eCityGov Alliance 3.3 Not all Stakeholders will adopt a new permitting system at the same time. Stakeholders are also not bound to electronic plan submittal and review through participation in this phase of the project, nor to participation in the Alliance's Web portal,www.MyBuildingPermit.com. 3.4 The jurisdictions within the Alliance are committed to finding a common solution that will integrate bi-directionally with the Alliance's award winning MyBuildingPermit.com on-line permit portal, although in the case of the City of Redmond which has its own portal, Redmond would either utilize the vendor's portal (this is Redmond's first choice)or would require that the vendor allow Redmond's portal to bi-directionally integrate with the vendor's software. • Page 8 10/09/09 I Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 The goal of this procurement is to find a qualified vendor that will help us achieve our vision of: • Developing and maintaining consistent practices between participation jurisdictions • Becoming the most valued development services web portal in the nation • Delivering web-based, wireless, and paperless permitting and review processes and setting the benchmark for best practices • Offering consistent core services that meet the needs of our land development and contraction customers and citizens • Incorporating sustainability as a component of our practices Because the participating cities vary in size, requirements and project funding/budget, as will future subscribers and participating cities, it is possible that more than one vendor may be selected. Even if this should happen, there is a very strong preference to minimize the number of vendors selected. 3.5 BACKGROUND: ECITYGOV ALLIANCE AND MYBUILDINGPERMIT.COM This Regional Permit System RFP is being coordinated by the eCityGov Alliance, an inter-local government agency. The Alliance provides a number of cross-boundary Web service portals including MyBuildingPermit.com ("MBP.com"). The primary driver for the development and implementation of MBP.com and other Alliance services is to improve service to constituents by making services and information available online through cross-boundary, service oriented portals. The Alliance shared service model also significantly reduces member cost for providing these service channels. The Alliance project committees further enhance service delivery by simplifying and aligning business practices. The current iteration of MBP.com provides: • Online application, payment and issuance of over-the-counter permits • Permit status(all permits) • Online inspection scheduling • Construction tip sheets and inspection checklists • Training opportunities This year the Alliance began work on expanding the functionality of MBP.com to be able to accept all types of development permits, including those permit types which require plan review. Implementation of the expanded MBP.com functionality is scheduled to begin in the first quarter of 2010. Page 9 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 It is important that responders to this RFP understand the relationship between the MBP.com member iurisdictionsl and that these jurisdictions do not plan to replace MBP.com with vendor proposed portal solutions. MBP.com member jurisdictions are seeking permit system solutions which can be easily interfaced to MBP.com and other systems. More information regarding the eCityGov Alliance is available online at www.eCityGov.net. i 1 The City of Redmond is not an MBP.com member Page 10 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 3.6 BACKGROUND INFORMATION FOR PARTICIPATING CITIES Background information about the participating Cities is shown below. BOTHELL ISSAQUAH KIRKLAND REDMOND RENTON SAMMAMISH Population 32,400 26,000 49,010 51,530 83,650 40,260 Number of Parcels 10,390 14,000 13,107 13,624(in City 24,453 17,000 limits) 3,716 in UPD Total#of Named Users 92 70 100 140 75 60 #of Field Users 8 12 15 20 20 5 Total#of Concurrent Users 30 55 45 50 35 20 MyBuildingPermit.com Member Yes Yes Yes No Yes Yes Financial System Tyler-EDEN Tyler-EDEN SunGard IFAS Oracle JDE Tyler-EDEN Springbrook Future: Tyler &Microsoft Dynamics AX Document Management System Laserfiche --- Trim --- Laserfiche --- Electronic Plan review --- --- --- ProjectDox --- --- Page 11 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 3.7 DEFINITIONS Host City The City of Bellevue, Washington, and its departments. (The City of Bellevue is the IT host and fiscal agent for the eCityGov Alliance) Alliance The eCityGov Alliance MyBuildingPermit.com MBP.com is a single shared web services portal that allows customers to purchase a variety of permits from member cities/counties with a single financial transaction (and single sign on). Stakeholders Member cities/counties that subscribe to, and offer services to the public through MyBuildingPermit.com or who are participating in this RFP. Proposing Party The vendor,firm or individual submitting the proposal. Successful Party The vendor,firm or individual awarded the contract. Software Product or solution offered by proposing party, hosted or non hosted. . Software includes any third party solutions. Contract The agreement to be entered into for services between the Alliance and the Vendor who submits the proposal accepted by the Alliance. There may be multiple agreements which could also include agreements between a Stakeholder and the Vendor. RFP This Request for Proposal, including any amendments or other addenda hereto. Selection Committee The RFP Selection Committee is comprised of Alliance and Participating City staff. i Page 12 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 4. SCOPE OF SERVICES 4.1 LICENSE AND HOSTING OPTIONS TO MEET BUSINESS MODEL AND OBJECTIVES The Alliance is looking for a vendor that can provide permitting software for its Stakeholders which may take the form of a licensed solution for each individual City, a licensed solution for the Alliance to host for its various jurisdictional subscribers, some other subscription or hosted service,or some hybrid thereof.The Alliance and its Stakeholders are interested in a vendor that understands the business model and objectives of the Alliance and this project, and can deliver a cost effective and flexible solution that can meet the needs of the Alliance, the Participating Cities and future Stakeholders. The Alliance is also interested in any other creative solutions or options that a vendor may propose to meet its needs. ALTERNATIVE/OPTION FOR THE ALLIANCE,INDEPENDENT OF THE PARTICIPATING CITIES The Participating Cities are interested in a proposal that includes the total cost for an individual city to contract directly with the vendor for its own software license or to subscribe to the vendor's hosted solution. As an alternative to this traditional self-hosted permit system model, the eCityGov Alliance is interested in exploring the possibility of providing a hosted solution for Alliance member jurisdictions, independent of the Participating Cities in this proposal. Over the past several years the Alliance has received a number of inquiries regarding a hosted permit system provided by(or through)the Alliance. The Alliance does not have a preconceived model of how such a hosted solution would be provided. The following are some initial thoughts that may help guide responses to this alternative. Alliance Hosted Solution option: • Could be hosted by the Alliance or vendor • Application business and IT support could be provided by the Alliance and/or vendor • Annual licensing and on-going support costs which can be readily pre-determined to create budget certainty for the jurisdiction of the hosted service. Ideally the hosted solution would offer opportunities to lower the cost of individual jurisdiction implementations. • At this point,the Alliance does not have any subscribers or users for this Alternative, so the proposing vendor will need to include in its proposal a pricing model that will give the Alliance the ability to do proposals(and pricing)to prospective jurisdictions. Page 13 10/09/09 I Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 • The model proposed to the Alliance must also have the'flexibility to handle unlimited growth in subscribers, preferably with a discount structure as incremental subscribers are added. Benefits of working with the Alliance: • Potential development of a best business practice model • Operational and strategic program management governance in place • Regional shared funding mechanisms in place • . The Alliance has direct access to resources ranging from IT, line of business to executive leadership Responding to the Alliance Hosting alternative Proposing vendors are not required to respond to the self-hosted portion (pricing for Participating Cities) of the RFP if they are only responding to this Alternative. However, the a pp licant must complete responses to the functional requirements section in this RFP that are applicable to the City of Sammamish (which is serving as our "model requirements"), as well as the rest of the forms regarding company information, qualifications, exceptions to the RFP • (including terms and conditions), technical information, references, non-collusion certificate, insurance requirements and equal opportunity requirements. The proposer should outline a Hosting proposal based on the considerations outlined above. The proposer is free to add other considerations and solutions to the proposal. The proposer shall also complete the pricing form for the eCityGov Alliance contained in this RFP. Alliance Hosting Alternative Proposal is Non-Binding Because there are so many unknowns at this time with the Alliance Hosting Alternative model (subscribers from multiple jurisdictions), further discussions and options may need to be explored with the vendor. Therefore, the Alliance Hosting Alternative proposal, and the materials contained therein,shall be considered a non-binding proposal by the proposer and the Alliance. Evaluation of Alternative Alliance Hosting Proposals The eCityGov Alliance is willing to consider a hosted (or cloud-based) alternative if the solution can show cost savings over a self-hosted solution. Any cost comparisons should be provided on the basis of full cost of ownership over a defined period of time. The solution should not compromise an.individual jurisdiction's ability to define business parameters such as permit types and fee schedules, manage system interfaces and provide business level support (such as report writing). Page 14 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Vendors who would like to propose a hosted solution may do so as a stand-alone option or in conjunction with self-hosted solutions...in other words, two copies of the costing and technical sections of this RFP may be turned in if one offers a hosted model and the other offers a self- hosted model for the Participating Cities. 4.2 KEY MODULES/FUNCTIONALTY FOR PARTICIPATING CITIES The main functionality/modules for the permitting software for the Alliance and the Participating Cities is shown below. "R" means that this is a required module/functionality, "I" is important, "N" means that it is nice-to-have, "E" means that although it is not a requirement, that City is interested in exploring the vendor's capabilities in this area. BOTHELL ISSAQUAH KIRKLAND REDMOND RENTON SAMMAMISH Planning/Zoning R R R R R R Permits R R R R R R Licensing N R R I R E Inspections R R R R R R Cash Receipting R R E R I R Project Tracking R R R R R R Code Enforcement R R R R R R Property History R R R R R R Financial Tracking R R R R R R Report Writer R R R R R R Key requirements for the permit management software are: • The vendor and its software must have the flexibility (technology, architecture, and contract terms) to allow the Alliance to use its own custom-developed Web portal • Page 15 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 (www.mvbuildingpermit.com) or, in the case of the City of Redmond, provide a full replacement of Redmond's Web portal or allow Redmond to use its own custom- developed Web portal for bi-directional access to the vendor's software. This includes .but is not limited to the ability of citizens to use the Alliance or Redmond's portal to access the software to fill out a permit application, pay fees, submit plans, create a new permit case in the vendor's software and receive the new assigned permit case number from the software, get permit status, request an inspection and retrieve scheduling confirmation, and view payment and deposit status. This means that the vendor must • be able to "expose" its software so that the Alliance can push data and transactions from its portal into the vendor's software. • Guarantee pricing under this RFP for the Alliance, the Participating Cities and future Stakeholders for a minimum of three years from the first executed contract under this RFP. • Provide a guaranteed group discount for future Stakeholders/Subscribers. • Flexibility o allow the Alliance or a Participating City to host the software for other Y P g Y jurisdictions with no cap on the number of jurisdictions that can be supported. • The functional ability to meet the functional requirements identified in Attachment A— Functional Requirements • In the event that one instance of the software is used to support multiple jurisdictions, the software must be able to partition the data, case types, rules, configuration, etc.for each jurisdiction so that they are independent of each other, including how security and administration is handled for each jurisdiction. • The proposing party shall include with its proposal an implementation timeline showing the expected major milestones and completion dates for a Participating City. 4.3 FUNCTIONAL REQUIREMENTS FOR REGIONAL PERMIT SYSTEM Proposing parties must complete the form in Attachment A— Functional Requirements and submit it in the appropriate section of the proposal as described in Section 6 (Submittal Requirements) of this proposal. i Page 16 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 4.4 REQUIREMENTS FOR PRICE PROPOSAL Proposing parties must complete the form in Attachment B — Price Proposal and submit it in the appropriate section of the proposal as described in Section 6 (Submittal Requirements)of this proposal. S. QUALIFICATIONS 5.1 This project will require the Vendor to have the following qualifications: 5.1.1. Three (3) or more years of related permitting system(s) and web interface experience (or comparable system experience). 5.1.2. Experience working with municipal and regulatory entities. 5.1.3. Identifiable practice supporting sustainability that has deliberately changed business practices including products and services in positive ways both economically and environmentally demonstrating reductions in use of energy consumption, paper, plastics,fossil fuels; and programs encouraging recycling and sustainable green products. 5.1.4. Knowledge, use and experience implementing integration between your permitting solution and industry standard government financial applications and ancillary government • entity programs. 5.1.5. Strong written,verbal and interpersonal communication skills. 5.1.6. Ability to meet required deadlines as demonstrated by prior project history. 5.1.7. Knowledge of the entire development submittal, review and permit issuance process. Includin g g but not limited to knowledge of: • Applicant business processes and requirements. • Department functions(planning, land use, building,transportation, utilities and fire). • Development services business processes and technical requirements. 6. SUBMITTAL REQUIREMENTS 6.1 Responses to this RFP must adhere to the submittal format described below with the information as identified in the following table. Where required, all referenced forms are to be signed by an authorized representative of your organization. II Page 17 10/09/09 i Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 To prepare your proposal,follow these instructions: A. Open the electronic version of this RFP in your word processing application (Microsoft Word 2003 or later is highly recommended). B. Copy all the forms in this RFP into your response and complete them. c. Your RFP response (your proposal) must adhere to the format described below with Sections(numbered as shown)and the content to be included in each Section. D. Your RFP response should be clearly tabbed, indexed and organized. All sections, pages,figures and tables must be numbered and clearly labeled. E.g. Section 1 is to be located behind the first tab,Section 2 is to be located behind the second tab,etc. E. Focus on accuracy of content, clarity and conciseness. SECTION; TITLE INFORMATION TO BE INCLUDED 1N THIS SECTION Section 1 Cover Letter Signed Cover Letter. A Cover Letter should be: • On your letterhead • Signed by an official in your organization authorized to bind his or her firm to all statements, including services, terms and conditions, and prices, contained in the proposal. • State the length of time the proposal terms remain firm, which must be for a minimum of 120 days from the proposal due date. Please note that an unsigned cover letter may be cause for rejection of the proposal. Section 2 Company Information ■. Complete the Company Information and and Qualifications Qualifications form in Attachment C — Company Information and Qualifications, and put it in this Section 2. Page 18 10/09/09 I Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 SECTION TITLE INFORMATION TORE INCLUDED IN THIS SECTION ■ If a 3'd party implementation partner or a Value Added Reseller (VAR) is part of this proposal, complete the Implementation Partner/VAR Company Information and Qualifications form in Attachment C. Please note that in the space provided in the Company Information and Qualifications form, vendors must identify the primary engagement contact for the software vendor—including a valid e-mail address. We reserve the right to require a vendor to provide additional information and/or request clarification of information provided. Section 3 Audited Financial ■ Copy of the Software Vendor's most recent audited Statement&Annual financial statement. • Report ■ Copy of the Software Vendor's most recent annual report. ■ If applicable, copy of the Implementation Partner's or VAR's most recent audited financial statement. ■ If applicable, copy of the Implementation Partner's or VAR's most recent annual report. If you are privately held and do not disclose this information in your proposal, please include a signed statement in this Section that states how you will provide us with financial information that will assure us of your viability. Section 4 RFP Exceptions Complete and sign the RFP Exceptions form in Attachment D — RFP Exceptions, and include it this Section 4. Identify ALL Exceptions to this RFP, including contract terms and conditions, and proposed payment schedule. If you provide a sample of your contract you • Page 19 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION are still required to identify in this Section 4 all exceptions you have to the minimum contract terms and conditions we identified in Attachment E —Terms and Conditions, and Sample Professional Services Agreement. We will not recognize any exceptions to this RFP unless they are clearly identified IN THIS SECTION of the RFP Response,' Section 5 Scope of Services Include the following in this Section 5: • Brief summary of your understanding of our project and the scope of work, and how you propose to meet our requirements and help us achieve our goals and objectives. • Brief high level summary of the major • components/features of your proposed software product • Summary of any other modules or services that you offer that you feel that we should be aware of • Summary of any alternative approach or option that you would like to propose. Details should be included in Section 15 - Alternative Proposal or Additional Options Please limit this section to no more than four(4)pages. Vendors are viewed more favorably if they understand our project, and'are creative in proposing a solution that is flexible, meets our requirements (including terms and conditions), minimizes our costs (and maximizes our return on investment) and supports our business model of a fluctuating number of Participating Cities and Subscriber entities. Section 6 Functional Please include the completed Functional • Page 20 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 -SECTION TITLE INFORMATION.TO"BE INCLUDED IN THIS SECTION Requirements Requirements form (Attachment A — Functional q q Requirements) in this section. Provide a response for each requirement. Leaving a requirement blank may deem a vendor unresponsive.A response of 3P, C, or F requires an explanation: - 3P: Name the 3rd party provider(s)that you use C. 1 — 3 sentence explanation of what the customization is. F. 1 — 3 sentence explanation of this future functionality and when general availability is (e.g. 4Q2012) Section 7 Technical Information Please include the completed Technical Information and Requirements form (see Attachment F — Technical Information and • Requirements)in this section. Section 8 Customer References Please include the completed Customer References form (see Attachment G—Customer References) in this section. Provide at least five city references that are similar in size and requirements to our Participating Cities,and that have implemented your software in the past three years. Reference sites should be fully implemented and live on the current version of the software. References will be contacted (this may be an on-site Page 21 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION visit) as part of the proposal evaluation process. We are particularly interested in organizations with similar requirements, and size (population, parcels, users, etc.). Section 9 Price Proposal Complete the Price Proposal form (see Attachment B— Price Proposal), and include it in this Section 9. - There is a Price Proposal to be completed for each of the six (6) Participating Cities and one for the Alliance. - Voters will determine in early November if Kirkland will be annexing an area with a population of 33,800 people.Therefore,two price proposals are required for Kirkland. One is for its • current size, and the second is for Kirkland's larger size if the annexation is approved and 33,800 people are added to Kirkland's population. - The Price Proposal for the Alliance is for an option in which the Alliance would host the Software for multi-jurisdiction subscribers, although there are no such subscribers or Software users at this point. A vendor may choose to only submit a proposal for this option (and, if so, is not required to submit Price Proposals for the Participating Cities.) Likewise, this Price Proposal for the Alliance is optional, so vendors who are only interested in submitting a proposal for the Participating Cities are not required to submit a proposal for the Alliance's multi-jurisdiction hosting/subscriber option. - It is important to us to have the agreed upon i • Page 22 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTIION price and services rates guaranteed for three years, and to have discounts guaranteed for future subscribers. Section 10 Implementation Provide a brief overview of your implementation Methodology methodology and expected timeframe for this project including resources that we are required to provide. Please limit this to no more than three(3)pages. Section 11 Contracts,Terms and The contract for implementation and other Conditions professional services must be similar to the one shown in Attachment E—Contract,Terms and Conditions.Any license, hosting or subscription contracts should also contain terms and conditions similar to those shown in • Attachment E—Contract,Terms and Conditions. Include in this Section 11 a copy of your proposed license, maintenance and implementation services agreements. NOTE: Although you are providing a copy of your proposed agreements, any exceptions to the Contract Terms and Conditions, and our sample professional services contract in Attachment E must be noted on the RFP Exceptions form (see Attachment D — RFP Exceptions) in Section 4 of your proposal. All exceptions (payment schedule, terms and conditions, project scope or anything else in this RFP) must be noted on the RFP Exception form in Section 4 of your proposal. Specific terms and conditions, as well as contract documents used will need to be approved by the applicable City Attorney, and may vary from the samples provided in Attachment E. I Page 23 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION Section 12 Other Requirements Please provide the following as attachments found in Attachment H—Other Requirements of this RFP in this Section 12 -Other Requirements of your proposal: 1. Non-Collusion Certificate.This certificate must be notarized and signed by a person authorized to bind the Vendor to the assertions of compliance in that Certificate sufficiently to enable a cause of action to lie against Consultant in the event those assertions were breached. 2. Insurance Requirements. Please provide evidence of insurance in the required amounts. 3. Equal Opportunity Requirements. Please • complete and sign the Affidavit of Equal Opportunity Compliance form. Section 13 Alternative Proposal or Use this section if you have an Alternative Proposal Other Vendor that does not fit into the normal structure of the Information required submittal format for this RFP, or any other material that you feel is important for our evaluation. Tease limit the pages in this section. Clarity and' conciseness are very important and any Alternative Proposals must support the project goals, scope,; ',requirements and maximization of return on investment. We are not interested in unnecessary sales literature. • Page 24 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 6.2. Submittals shall be delivered in a sealed envelope or sealed box clearly marked with: RFP#09-003 eCitvGov Alliance Regional Permit System by the deadline listed above. 6.3 Required Number of Proposals Ten (10) completed and bound proposals as well as two (2) electronic copies, one in PDF format and one in the native file format of the form (e.g. Microsoft Word 2003 or 2007) must be received by the date and time listed. The Alliance, at its discretion, may make additional copies of the proposal for the purpose-of evaluation only. The original proposal will include original signatures, in ink, by authorized personnel,on all documents that require an authorized signature. 6.4 File Format of Proposals The electronic document must be submitted in native file format (Microsoft Word 2003 or 2007), and in PDF format as noted above in 6.3. 6.4 Consultant's Cost to Develop Proposals Costs for developing proposals in response to the RFP are entirely the obligation of the consultant and shall not be chargeable in any manner to the Alliance or the City. 7. RFP SCHEDULE 7.1. RFP Preliminary Schedule These dates are estimates and are subject to change by the Alliance. Event Date Release RFP October 9, 2009 Questions(if any) Due October 16,2009 Proposal Responses Due' [Noon Pacific Time; November 6,2009' Proposal Evaluation Complete November 20, 2009 Vendor Demo Week (1 day per demo) December 7—11, 2009 Please protect now s Page 25 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 Site Visits(if any occur) December 14—18, 2009 Contract Negotiations January 4—29,2010 8. RFP COORDINATOR/COMMUNICATIONS 8.1. Upon release of this RFP, all consultant communications should be directed in writing to the RFP Coordinator listed below. Unauthorized contact regarding this RFP with other eCityGov Alliance or Participating City employees may result in disqualification. Any oral communications will be considered unofficial and non-binding on the Alliance and the Participating Cities. The RFP Coordinator for this RFP will be: Name: Trisha Tubbs Address: eCityGov Alliance c/o SoftResources LLC • 11411 NE 124th Street,Suite 270 Kirkland,WA 98034 Telephone: 425-216-4030 E-mail: ttubbs @softresources.com 9. EVALUATION CRITERIA 9.1 Evaluation Procedures Proposals will be evaluated by the Selection Committee. The Selection Committee will consider the completeness of a consultant's proposal and how well the proposal meets the needs of the eCityGov Alliance. In evaluating the proposals, the Committee will be using a criteria evaluation process. Evaluations will be based on criteria as outlined in Section 9.2. All proposals will be evaluated using the same criteria and possible points. However, because of differences in requirements for the Participating Cities, evaluation points from a City may be different from the Alliance Selection • Page 26 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Committee. So, while it is the goal of the Committee to select one vendor, it may be possible that another vendor may be selected by a City because it is a better fit for its requirements. 9.2 Scoring and Evaluation Factors The evaluation factors reflect a wide range of considerations. While cost is important, other factors are also significant. Consequently, the Committee may select other than the lowest cost proposal. The objective is to choose the Vendor capable of providing quality software and professional services that will help the Alliance achieve the goals and objectives of the requested software and services within a reasonable budget. Evaluations of submittal packets will be based on criteria as below. All proposals will be evaluated using the same criteria and possible points. Evaluation Criteria Possible Points Responsiveness/Completeness of Proposal (i.e.,Were all the forms 10 completed and everything included that was required by the RFP? Were explanations in Comments or Additional Information areas adequate?) Experience/Qualifications(i.e.,does the proposing party have 30 experience working within the requested services arena;experience working with municipalities; ability to successfully deliver/implement the scope of services;vendor's ability to successfully work with the Alliance; proposing party's references) Scope of Services(i.e., how well does the solution meet our 40 requirements and will it help the Alliance and/or the Participating Cities to successfully achieve the MBP.com vision and/or an individual City's vision; did the Vendor propose any revisions and/or changes to the draft Scope of Services that would better serve the Alliance; and is the Vendor able to meet the Alliance's and/or Participating Cities' terms and conditions.) Budget(i.e.,does the budget seem reasonable for the scope of 20 services proposed; does the budget provide the Alliance good value; and does the budget maximize total return on investment.) Total Points Possible 100 • Page 27 10/09/09 Request For Proposal #09-003 Regional Permit System Issue Date: 10-09-2009 9.3 Vendor Scripted Demo and Presentation,Committee Interview and/or Additional Information or Reviews After the proposals are evaluated, the Selection Committee will determine whether formal presentations, scripted software demonstrations and interviews are necessary, and if so, which proposing parties may be invited to make a formal presentation, scripted demo and/or sit for a panel interview with the Selection Committee. The Alliance may choose not to require formal presentations or interviews. The Alliance may choose to contact officials from other jurisdictions regarding the contractor, their prior work experience and their ability to successfully complete the scope of services. The Alliance may request clarification or additional information from a specific contractor in order to assist in the Alliance's evaluation of a proposal, including but not limited to conference calls and Web demos. Finally,the Alliance may require changes in the scope of services as deemed necessary by the Alliance, before execution of the Contract. 9.4 Final Selection The Selection Committee will formulate their recommendation for award of the Contract, and forward their selection to the Alliance Executive Board for approval. 10. QUESTIONS • 10.1 Questions regarding this project may be directed to RFP coordinator via e-mail at ttubbs @softresources.com. Unauthorized contact regarding this RFP with other Alliance or Participating City employees may result in disqualification. Any oral communications will be considered unofficial and non-binding on the Alliance. Any questions will be answered in writing and posted on the Alliance's website at www.ecityeov.net under"Document Center", "RFP". It is the responsibility of individual firms to check the website for any amendments or Q& A's to this RFP. 11. REJECTION OF PROPOSALS 11.1 The Alliance reserves the right to reject any and all Proposals and to waive irregularities and informalities in the submittal and evaluation process. This RFP does not obligate the Alliance to pay any costs incurred by respondents in the preparation and submission of their Proposals. Furthermore, the RFP does not obligate the Alliance to accept or contract for any expressed or implied services. • Page 28 10/09/09 Request For Proposal # 09-003 Regional Permit System ' Issue Date: 10-09-2009 i 12. PROPOSING PARTY'S EXCEPTIONS 12.1 Submittals must clearly identify on the RFP Exceptions form (see Attachment D) any and all exceptions that the proposing party takes to this RFP including but not limited to any terms and conditions listed in the RFP document, the Professional Services Agreement and Terms and Conditions in Attachment E, and the Alliance's Standard Insurance Requirements and other requirements in Attachment I. 13. CONTRACT NEGOTIATION 13.1 The Alliance reserves the right to negotiate with the selected Vendor that, in the opinion of the Alliance, has submitted a proposal that is the "best value". In no event will the Alliance be required to offer any modified terms to any other Vendor prior to entering into an agreement with a proposer and the Alliance shall incur no liability to any proposer as a result of such negotiation or modifications. It is the intent of the Alliance to ensure it has the flexibility it needs to arrive at a mutually acceptable agreement. Negotiations may include, but not be limited to, matters such as: 13.1.1. Minor changes to scope of work 13.1.2. Contract details 13.1.3.Contract payment details 13.1.4. Service requirements I 14. CONTRACT AWARD 14.1 The Alliance and the Participating Cities reserve the right to make an award without further discussion of the proposals. The selected Vendor will be expected to enter into a contract with the Alliance and/or a Participating City. A sample Professional Services Agreement and general terms and conditions are provided in Attachment E. Please review this agreement and the terms and conditions prior to submitting a proposal. If the selected vendor fails to sign the contract within 5 (five) business days of delivery of the final contract, the Alliance and/or a Participating City may elect to negotiate a contract with the next-highest ranked vendor. The Alliance and the Participating Cities shall not be bound, or in any way obligated, until both parties have executed a contract. No party may incur any chargeable costs prior to the execution of the final contract. Page 29 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 15. EQUAL OPPORTUNITY EMPLOYMENT 15.1 The successful Vendor or Vendors must comply with the Alliance's and Participating Cities'equal opportunity requirements. The Alliance and the Participating Cities are committed to a program of equal employment opportunity regardless of race,color,creed,sex, age, nationality,disability or sexual orientation. 16. TITLE VI 16.1 It is the Alliance's and participating Cities' policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. 17. INSURANCE REQUIREMENTS 17.1 The selected Vendor or Vendors shall maintain insurance that is sufficient to protect the Consultant's business against all applicable risks, as set forth in the Alliance's and Participating Cities' Standard Insurance Requirements in Attachment H. Please review insurance • requirements prior to submitting a proposal. If the selected Vendor is unable to meet these standard requirements, please note current or proposed insurance coverages as an exception to the RFP. Standard requirements may be negotiated if it is in the best interest of the Alliance and/or the Participating Cities. 18. BUSINESS REGISTRATION AND TAXATION 18.1 The Vendor or Vendors awarded the contract may be subject to local business registration and taxation. It is the Proposing Party's responsibility to contact the individual jurisdictions) in which they do business to determine these requirements 19. NON-ENDORSEMENT 19.1 As a result of the selection of a Vendor to supply products and/or services to the Alliance and the Participating Cities, the Vendor must agree to make no reference to the Alliance and the Participating Cities in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the Alliance and the Participating Cities. Page 30 10/09/09 Request For Proposal # 09-003 Regional Permit System . Issue Date: 10-09-2009 20. NON-COLLUSION 20.1 The proposal submitted for this RFP shall include the Non-Collusion Certificate See Attachment H). 21. COMPLIANCE WITH LAWS AND REGULATIONS 21.1 In addition to nondiscrimination compliance requirements previously listed, the Vendor or Vendors ultimately awarded a contract shall comply with federal, state and local laws, statutes and ordinances relative to the execution of the work. This requirement includes, but is not limited to, protection of public and employee safety and health; environmental protection; waste reduction and recycling; the protection of natural resources; permits; fees; taxes; and similar subjects. The Vendor or Vendors ultimately awarded a contract must be organized and validly exist as a corporation or partnership in good standing, and licensed to do business in the City which awarded the contract, or, in the case of a contract award by the Alliance, in the City of Bellevue Washington. 22. PUBLIC RECORDS 22.1 Under Washington state law, the documents (including but not limited to written, printed, . graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions thereof) submitted in response to this RFP (the "documents") become a public record upon submission to the Alliance and the Participating Cities, subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. If the Alliance and/or Participating Cities receive a request for inspection or copying of any such documents it will promptly notify the person submitting the documents to the Alliance and/or Participating City(by U.S. mail and by fax if the person has provided a fax number) and upon the written request of such person, received by the Alliance and/or Participating City within five (5) days of the mailing of such notice, will postpone disclosure of the documents for a reasonable period of time as permitted by law to enable such person to seek a court order prohibiting or conditioning the release of the documents. The Alliance and the Participating Cities assume no contractual obligation to enforce any exemption. 23. COOPERATIVE PURCHASING 23.1 RCW 39.34 allows cooperative purchasing between public agencies (political subdivisions) in the State of Washington. Public agencies that file an Interlocal Joint Purchasing Agreement with the Alliance may also wish to procure the goods and/or services herein offered by the selected Vendor or Vendors. The selected Vendor or Vendors shall have the option of extending its offer • Page 31 10/09/09 Request For Proposal # 09-003 Regional Permit System is Issue Date: 10-09-2009 to the Alliance and the Participating Cities to other agencies for the same cost, terms and conditions. 23.2 The Alliance and the Participating Cities do not accept any responsibility for agreements, contracts or purchase orders issued by other public agencies to the Vendor. Each public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency. The Alliance and the Participating Vendors accept no responsibility for the performance of the Vendor in providing goods and/or services to other public agencies, nor any responsibility for the payment price to the Vendor for other public agency purchases. 24. OWNERSHIP OF DOCUMENTS 24.1 Any reports, studies, conclusions and summaries prepared by the Vendor shall become the property of the Alliance. i • Page 32 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Attachment A — Functional Requirements Complete the Functional Requirements form embedded in this Attachment.A and submit it in the appropriate section of the proposal. To open the document,click on the icon below. Functional Requirements I • Page 33 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Attachment B — Price Proposal Complete the Price Proposal form for each of the Participating Cities and the Alliance (the form is embedded in this Attachment B)and submit it in the appropriate section of the proposal. To open the document,click on the icon below. Permit Software Price Proposal Page 34 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Attachment C — Company Information and Qualifications Complete the Company Information and Qualifications form embedded in this Attachment C for the Vendor and for any Implementation Partner or Value Added Reseller(VAR) participating in the proposal, and submit it in the appropriate section of the proposal. To open the document,click on the icon below. Company Information&Qualific i Page 35 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 i Attachment D — RFP Exceptions Complete the Functional Requirements form embedded in this Attachment D and submit it in the appropriate section of the proposal. To open the document,click on the icon below. RFP Exceptions S Page 36 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Attachment E — Terms and Conditions, and Sample Professional Services Agreement Please review the Terms and Conditions,and the Sample Professional Services Agreement which are embedded in this Attachment E. To open the documents,click on the icons below. Contract Terms and Conditions Sample Professional Services Agreement Page 37 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 Attachment F — Technical Information and Requirements Complete the Technical Information and Requirements form embedded in this Attachment F and submit it in the appropriate section of the proposal. To open the document,click on the icon below. Technical Information&Require II • Page 38 10/09/09 Request For Proposal # 09-003 Regional Permit System • Issue Date: 10-09-2009 Attachment G — Customer References Complete the Customer References form embedded in this Attachment G and submit it in the appropriate section of the proposal. To open the document,click on the icon below. Customer References • II I • Page 39 10/09/09 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 - Attachment H — Other Requirements Review and complete the applicable documents regarding Non Collusion, Insurance Requirements and Equal Opportunity Requirements embedded in this Attachment H as requested in this RFP,and submit them in the appropriate section of the proposal. To open the documents,click on the icon below. Non Collusion Certificate Insurance Requirements Equal Opportunity Requirements • Page 40 10/09/09 i • • "Exhibit F BFCMSO& • CERTIFIED Partner Cover Letter - __- a - Energizing Local Government Operations r "Exhibit E" Confidential Information-Do Not Distribute 0 2009 EnerQw Solutions,LLC Company Profile The Leader r Technology EnerGov Solutions Aw . O E RAT I F I AE+D Partrrer COMPANY OVERVIEW. ssa to ridwtde 9SR1.W.rldwid ErteilGov Solutions Letter of Introduction Incorporated: 2002 Solution type: EnerGov is committed to providing the most innovative technology Software Offering. and unparalleled services in the industry Consulting Offering_ Training Offering On behalf of EnerGov Solutions, I would like to formally submit the enclosed information for your Indust evaluation and consideration in response to RFPff 09-003 Regional Permit System. Our firm Is Industry: excited about the potential opportunity to work with the eCkyGov Alliance and participating jurisdic- GovemmeM 1 IT tions on this project. Furthermore,we are fully capable and prepared to dedicate the time and Industry Focus resources necessary to ensure an effective and successful Implementation of our flagship land management solution,EnerGov NET Enterprise Land Management to administer all aspects of Enterprise Land Use Management the RFP stipulated land management processes. License and Regulation Management of providing our ration Our team of e-Government professionals is highly qualified and capable l� n9 Y � Corporate f Office(s)Location: with innovative,state-of-the-art,and comprehensive software encompassing all aspects of the land Atlanta,GA(Headquarters) development I'Ifecyle. As such,should we be awarded the opportunity to serve the the Alliance,our Kansas City;MO commitment and devotion to ensuring your complete satisfaction will remain steadfast and consis- tent throughout the life of this partnership. Implementation Services: Direct.from organization Please find enclosed the required documentation as requested in the RFP. Also included are several additional items intended to aid In the evaluation process. B ;< Now Clients In last 5 years;. Thank you for this opportunity;your time and consideration Is sincerely appreci- ai 100 Govemment.Agencies ated. Implementations in last 12 months: 27 Sincerely, +r Installation Base: yl! . >. _ 120+Agencies Chuck Newberry,CPA w? Installation Size: EnerGov Solutions 5-250+Users 5,000-1,000,000+Population Business Development Manager :a 888-355-1093 x3102 1 = ; Recent Awards: cnewberry@energov.com is 2009 ESRI Partner of the Year Enterprise Solution Price: ± $200,000 to$1 ITdilion+ Business Information f Servicing Branch: Product Language f Development Tools: Name: Ryan Hountz Microsoft NET Framework Title: Director of Business Development Microsoft ASRNET Company: EnerGov Solutions.LLC Microsoft Visual Basic.NET Address: 2160 SRtefff<e Blvd,STE 300 XML. Duluth,Georgia 30087 Development Resource: 100%In-House 30%Revenue Re-Invested in Dev/yr Signature: Propose!Valid: 120 days from scheduled bid opening dale �c OhbrGovSolutions • �~ Government Connected Solutions 2009 EnerGov Solutions.All Rights Reserved. . 'EnerGov solutions and EnerGov.NET are a registered trademark of EnerGov Solutions.LLC CERTIFIED Partner Company Information & Qualifications . . . . . : . .. . . : . . : .. . . � x e Energizing Local Government Operations Confidential Information-Do Not Distribute 0 2009 EnerOffS91wU m,LLC • COMPANY INFORMATION AND QUALIFICATIONS ..- s A. .,: a ' 'z Y - '� - 'v k?. n.. $ t r'ti_x i#tom..I•e-'K�x . n "'.i: �\::�.: • .,. > J � :.'1.Y .a,4 nr:_ ,y*.:.titv..^:�t.,-':,.Sx>.�:�.;.,.:.:«,_.,F�.n.:•.•,k^.�.. 1. Contact Information • Company Name EnerGov Solutions • Name and Title of Contact Person Chuck Newberry—Business Development Manager • Company Address 2160 Satellite Blvd,Ste 300 Duluth,GA 30097 • Phone 888-355-1093 x 3102 • Email Address cnewberry @enereov.com • Company Website www.eneraov.com 2. Regional Offices and Staff ■ Describe whether your organization is local,regional, National/International with national or international. regional offices in Kansas City, MO Destin,Fl.and Redlands,CA • ■ Regional office performing this engagement. Atlanta,GA-Headquarters (primary office) Redlands,CA—Regional Office ■ Describe the range of services provided by the office Headquarters: performing the engagement. Sales,Marketing,Research& Development,Implementation, Data Services,and Customer Support. Regional.Offices: Sales, Marketing,and Implementation Services. **EnerGov does not outsource or utilize P party service providers for development,implementation, or customer support. All products and services are provided by EnerGov trained and developed team members. 3. Company Information ■ Briefly describe your company and the characteristics From inception,EnerGov's mission that set your company apart. statement is to provide the most innovative technology coupled • Page 1 of 11 • with the best customer service in the industry. This mission has been the driver in developing, implementing,and servicing the premier Land Management system in the market over the last 5 years, EnerGov.NET. Moreover, EnerGov's GIS integration has"set the bar"for how Land Management systems and ESRI GIS databases communicate through one cohesive interface. This is evidenced by EnerGov being selected as the 2009 Business Partner of the Year and as a Tier 1 recommended solution for Land Management applications. Building upon this superior technology offering,second to none are the dynamic individuals that make up EnerGov Solutions. EnerGov invest extensive amounts • of time and resources to employ, train,and develop the most qualified and highly skilled team members throughout each respective department:Sales, Marketing,Client Services, Support, Research and Development,Data Services, Testing,etc. Overall,the dynamic"people"of EnerGov are the true drivers of the company's success from both a technological and customer service perspective. ■ Briefly describe how you will meet our requirements EnerGov will meet the REP and maximize our return on investment. requirements by leveraging our innovative,mature Enterprise Land Management Application, dynamic personnel,and the experience of over 150 implementations throughout the United States over the last decade. As with all previous Page 2 of 11 i implementations,EnerGov's primary focus will be to assess and analyze the current processes of each respective implementation (each agency)and utilize the EnerGov.NET system to maximize efficiency,revenue retention,and user experience. EnerGov's project teams do not focus on emulating current processes but to enhance,develop,and implement the most efficient and productive processes to fully leverage the power of EnerGov.NET. An example of this approach is as follows: Charleston County,NC(Pop. 310,000): During the implementation of an Enterprise wide EnerGov.NET system,the EnerGov project team • assessed a need to expedite the license renewal applications for business throughout the County. In the end,the team scoped, designed,and implemented a seamlessly integrated renewal application form to be completely managed with EnerGov's Citizen Access Portal and Licensing module. This provided business owners the ability to renew,pay, and monitor their business licenses online thus reducing the current cumbersome renewal application process. This new approach captured new revenue and greatly reduced County costs associated with licensing. In addition,it freed up staff time, reduced paper,and provided true "eGovemment"services to its constituents. • Page 3of11 • • Year Founded 2002 • Private vs.Public(Listing Exchange and Listing Code) Private ■ Fiscal year end December 31. ■ Revenue: Current Year EnerGov Solutions is a privately held,debt-free corporation in excellent financial standing. As a private entity,corporate policy specifically prohibits the dissemination and distribution of specific financial information. However,upon agency/eCityGov Alliance selection of EnerGov Solutions as the preferred technology provider for this specific request for proposal, EnerGov will work with the agency to provide reasonable documentation for assurance of the company's longterm viability. ■ Revenue: Prior Year See above • ■ Net Income/Loss:Current Year See above ■ Net Income/Loss: Prior Year See above ■ %of gross revenue generated by proposed software& 100%-EnerGov provides only land related maintenance and services. management software like that proposed to each agency/ eCityGov Alliance. ■ Parent Company(If separate) n/a ■ Describe parent company's relationship with the n/a proposing party. ■ Genealogy of Organization(Changing business,name EnerGov Solutions,LLC since day changes,acquisitions/mergers,etc.) one. ■ Describe if your organization is international,national, EnerGov Solutions is considered an regional or local. Please explain. International/National Organization with over 150 agencies across the United States and the Urban Planning Council in Abu Dhabi, UAE. ■ Describe how the company has grown."Organically," EnerGov Solutions has thru acquisition,thru mergers,etc.? "organically"developed through providing the most innovative Page 4 of 11 products and best service offering In the market for the past decade. EnerGov Solutions is not a product of any merger or acquisition. Furthermore,the Company is governed by a well established executive management team with ample resources to fund its current 5 and 10 year growth strategy plans. a Are there any planned acquisitions or mergers in the No future? ■ Disclose any recent litigation(and outcomes)and N/A. EnerGov Solutions has never litigation currently underway. been a party to any litigation as represented with our 100%client retention rate 4. #of Vendor Employees ■ Total Worldwide 90 ■ Total in U.S. 90 ■ #dedicated to the proposed software 90 ■ U.S.#dedicated to the proposed software . 90 ■ Location of office that will be supporting us&#of Atlanta,GA&Redlands,CA employees 80 5. Number of Customers Using the Proposed Software ■ Total Worldwide Abu Dhabi, UAE Is implementing currently. ■ Total in U.S. 154 ■ #cities using the proposed software 154 Cities and Counties ■ #cities using the proposed version 117 ■ #of cities In Washington using the proposed software 2 6. Ust City customers with similar requirements Below is a partial list. If additional cities are required,we will provide. Goldsboro,NC Laguna Hill,CA Agoura Hills,CA Miami Shores,FL Orange City,FL Page 5 of 11 • Taylorsville,UT Fairbanks,AL Victoria,TX and many more...... 7. Vendor's Target User Profile for This Software EnerGov's"sweet spot"or"mean" What is your"sweet spot"customer size(where the targeted user profile for agency majority f our customers using the proposed software population is approximately tY Y are)? E.g.#of citizens and operating budget 125,000.However,regardless of population size, EnerGov's partners are dynamic"GIS"Centric organizations wanting to fully leverage the most from their Land Management and GIS systems. Moreover,the systems flexible architecture allows it to be deployed in a multitude of varying population range agencies. B. Vendor's Implementation Model—Direct,VAR, EnerGov employs a"Direct" Implementation Partner,etc. Implementation model focused on providing"full service"consulting and implementation. This methodology incorporates a unique 5 phase methodology: Assessment Definition Configuration(with UAT) Training "Go-Live"Support See Section 10 for a more detailed analysis. 9. Version Schedule • Current version and general availability release date Version 8 was release in the Spring of 2009. • Proposed version&general availability release date EnerGov's version 9 is proposed, which is fully developed and being tested currently scheduled for a beta release in January of 2010. Expected release date is 1" quarter of 2010. • Estimated release date for next version Expected release date is 1" quarter of 2010. • Typical release schedule&time to install EnerGov provides 4 quarterly updates and 1 major release per year. Typical time to install Page 6 of 11 updates is approximately.1-2 hours and possibly longer depending on the agencies update methodology(pre-production, testing,etc.). Number of prior versions supported EnerGov recommends every customer to update at least once a year. However,.all previous versions of EnerGov.NET are always supported. 10. User protection plans EnerGov's standard Software and Briefly describe what user protection plans you have.For Support Plan provides all partners example: the ability upgrade to the latest • Source code held in Escrow version of EnerGov.NET without • No charge to migrate to a similar new software(e.g. incurring additional charges. In new technology) addition,EnerGov provides a general warranty that software • Other options will be free of material defects. Escrow agreements can be provided at the expense of each agencies requirement. For customers with a Software Support Agreements,new versions and software updates are included In the cost. EnerGov's policy if for agencies to update at least once a year. 11. We require having development,back-up,training, Yes. EnerGov will provide testing and archival copies of the software in addition to additional concurrent license to the production copy. Is this provided as standard with manage pre-productions/testing your Software? environments,training environments,archival copies,etc. 12. Briefly describe your customer service and support. • What options and the cost See Below: • What is covered and what isn't Support Packages Description pricing Gold Package(standard) Standard Support/ 18%of software cost 8-8 EST Phone, Email, Desktop Streaming Page 7 of 11 • e Standard Support+ 23%of software cost Platinum Padcag ppo 500mb of offsite backup ($15,000 k/yr minimum upgrade from Gold Package) 5 passes to annual Users Group/year *does not include all travel(plane ticket etc) 10 custom developed reports/ year 3-day onsite wellness visits 2x/year *includes all travel expenses Package Add-ons Description Pricing Premium option 24 hour support 8%additional of software cost to either support package Additional Support Description Pricing Services Custom Reporting On-Demand Custom Reporting Report Enhancement-$349 Services Custom Report-$499 (not included in Standard Support) Non-Standard Development- 99 hr Custom Development Custom Software Development $150-$199/hr Services Data Conversion Services Onsite Training Professional Onsite Training $899/Day+travel Services 13. Briefly describe your training: erGov offers• Approach and philosophy En adaptable on-site • Options(Learning center,interactive Web courses, training solutions to meet each agency's needs dependent on a CD/DVD,onsite,*rain-the-trainer,etc.) varying range of factors and • Prices/rates restrictions from facilities and budgetary constraints to staff size and geographical location. Three basic.philosophies will apply: Comprehensive Method,Train-the- Trainer,or a combination of both. In addition EnerGov offers a state of the art learning center(Atlanta, GA),web training,and full documentation(customizable i Page 8 of 11 i i i i training materials)with each and every training program selected. i See matrix above for pricing. 14. Company Qualifications • Three or more years of related permitting system over the last five years,EnerGov experience. Briefly describe. Solutions has established itself as the premier Land Management application by implementing over 121 governmental agencies similar to size and scope as the agency's represented within this RFP response. These Implementations and experiences have driven the application to be-diversified and flexible while at the same time providing a core system designed around Land Management"best practices". Moreover,a majority of these agencies are or were becoming G1S"Centric" organizations and overwhelming selected EnerGov and its GIS centricity. A representation of the agencies are as follows: Redding,CA Ventura,CA Sandy,UT Eagle County,CO Lynnwood,WA Lake Forest,CA Yuma,AZ Horry County,SC Charleston County,SC Columbus,GA and many more....... • Experience working with cities of our size.Briefly EnerGov has implemented over describe. 120 agencies with Its Enterprise Land Management system, EnerGov.NET,over the last 5 years. Each of which were similar in size or larger than the agencies represented in this RFP. • Briefly describe your experience integrating your The open architecture of the.NET permitting system with a 3`d party financial system,in platform upon which EnerGov is particular: built ensures a stable and secure • Page 9 of 11 i - EDEN environment within which to - Springbrook operate while greatly enhancing - SunGard IFAS data mobility,data sharing,and data integration.These characteristics are of particular importance since virtually every implementation is required to integrate/interface with existing applications,especially financial applications. EnerGov's Data Services departments have vast experience in providing flat file export utilities,API's,Web Services, etc.to facilitate the required financial and other integration points within an implementation. • Briefly describe your experience integrating with ESRI As previously stated, EnerGov NET GIs. is a GIs"Centric"application based on the latest ArcGIS platform. Not only does EnerGov.NET leverage each agency's GIs infrastructure for"viewing" but also leverages the geodatabase as central repository for property data thus allowing sophisticated business intelligence functions from spatial attributes to be incorporated into EnerGov.NET. The ultimate testament to EnerGov's ESRI GIs Integration is validated from being awarded the 2009 ESRI Business Partner of the Year. • Briefly describe your experience integrating your As previously noted,the open permitting system with a customer-developed or 3`d architecture of the NET platform party Web front-end/portal. upon which EnerGov is built ensures a stable and secure environment within which to operate while greatly enhancing data mobility,data sharing,and data integration. This coupled with EnerGov having already developed a seamlessly integrated front end web portal ensures EnerGov is well versed to provide necessary API level integration to • Page 10 of 11 it • facilitate a central front end interface with multiple agency backend processing. �'y 9`d�,'�� 11}3 ..e-. 'i � '.' t'-" � S 4 tbt"�-1?i-R }�SF`��i'T� • 1. Contact Information ■ Company Name **EnerGov does not outsource or utilize 3`d party service providers for development,implementation, or customer support. All products and services are provided by EnerGov trained and developed team members. The subsequent items were deleted to save paper • • Page 11 of 11 CERTIFIED Partner Audited Financial Statement and Annual Report XI M I Energizing Local Government Operations Confidential Information-Do Not Distribute 0 2009 Enw0ev Soludens,LLC i Audited Financial Statement and Financial Report EnerGov Solutions is a privately held,debt-free corporation in excellent financial standing. As a private entity, corporate policy specifically prohibits the dissemination and distribution of specific financial information. However, upon agency/eCiityGov Alliance selection of EnerGov Solutions as the preferred technology provider for this specific request for proposal, EnerGov will work with the agency to provide reasonable documentation for assurance of the company's long term viability. Firm or Individual �nerGov Solutions/Chuck Newberr� title Business Development Manager Telephone 1-888-355-1093 ext.3102 Email cnewberrv@enersov.com Address 2160 Satellite Blvd.,Suite 300,Duluth,Ga.30097 PRINT NAME AND TITLE `Chuck Newberry,Business Development Manager • AUTHORIZED SIGNATURE DATE OTHER NOTES: • C E R T I F I ED Partner it II RFP Exceptions °J 'i -; It *. i Energizing Local Government Operations i I� Confidential Information-Do Not Distribute 0 2008 Ener6wSolutions,LLC i II RFP EXCEPTIONS It is the intent of the Alliance and its Participating Cities to contract with a private Vendor. All Vendor representations, whether verbal,graphical or written, will be relied on by the Alliance and its Participating Cities in the evaluation of the responses to this Request for Proposal.This reliance on the Vendor's represented expertise is to be considered as incorporated into any,and all,formal Agreements between the parties. PRINT THE WORDS"NO EXCEPTIONS"HERE 1F THERE ARE NO EXCEPTIONS TAKEN TO ANY OF THE TERMS, CONDITIONS, OR SPECIFICATIONS OF THESE REQUEST FOR PROPOSAL DOCUMENTS. IF THERE ARE EXCEPTIONS TAKEN TO ANY OF THESE TERMS,CONDITIONS,OR SPECIFICATIONS OF THESE REQUEST FOR PROPOSAL DOCUMENTS, THEY MUST BE CLEARLY STATED ON THE "EXCEPTIONS TO THE REGIONAL PERMIT SYSTEM RFP"TABLE BELOW AND RETURNED WITH YOUR PROPOSAL IF YOU PROVIDED A SAMPLE COPY OF YOUR CONTRACT(S).YOU STILL NEED TO IDENTIFY IN THIS DOCUMENT ("RFP EXCEPTIONS") ANY AND ALL EXCEPTIONS YOU HAVE TO THE TERMS AND CONDITIONS. Firm or Individual EnerGov Solutions—Chuck Newberry Title Business Development Manager Telephone 888.355.1093 x 3102 Email cnewberry@energov.com Address 2160 Satellite Road—Suite 300,Duluth,GA 30097 PRINT NAME AND TITLE AUTHORIZED SIGNATURE DATE OTHER NOTES. Page i of 3 m W L ... o > oa c m � - w c ` $ cu a 3 0 V .m y - oo m u Oi 8 a m 00 i 3 N O da � `° o � md a '� N v o h R £ d > UJ w 0 4i 4! 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'� ° L u ° c m o c 3 ° m aai s ° a W t E fl `� `o c m 3 Y W e i y m W W O tO L C tY6 y Y ;' vi ° E W t c h0 v" W O W m d $ c m np C y w L u W W 7 O .N r+ L d s o ° W oW0 L c + a 3 t vui a Y c — 9 `y° w v o c 3 SJ Y H d L Q fO m Id 4+ M N 0 (0 O 3 .n W O m Q 3 a :_ �A u W Nd N i+ W W Y W Y Q C C C I C c a vi E a ° W E a y W E u W u W C u W CL OL y m CL 0`4 a a OL d W m Q a H Q Q n H Q a atA e • m m of in 1� � CERTIFIED Partner Scope of Services s Energizing Local Government Operations Confidential Information-Do Not Distribute 0 2009 EnerGmrSWuUms,LLC I J j I • � eCityGov Alliance-Scope 8r Objectives According to the Information provided In the RFP documents, the eCityGov Alliance and participating Jurisdictions are seeking proposals from qualified firms for the procurement of a complete mufti-user software solution for land use permitting,inspection, planning, zoning , code enforcement, and business licensing processes. The primary goal of this Initiative is to enhance and streamline the provision of permitting, planning, zoning, code enforcement, and licensing operations In an effort to improve cost effectiveness and efficiencies while providing the requisite capability of integrating with existing software systems currently in operation. To this end,the eCityGov Alliance formulated an extensive RFP which dearly delineates a number of objectives aimed at promoting future growth, longevity, and efficiency for all associated agencies. Chief among these goals is the incorporation of an Internal Infrastructure built on and around applications that will provide the stability,flexibility,and scalablI4 required to integrate,evolve and grow as new technologies and departmental mandates are adopted. As the documents contained herein well Illustrate,EnerGov NET is fully equipped to both meet and exceed these stated objectives. By coupling Mlcrosoft s SQL Server"A database platform with Microsoft.NET""technology,EnerGov's state-of-the-art management utilities bring operational efficacy to a new level,serving to increase overall departmental efficiency,effectiveness,and productivity. • Full Integration between modules; • Single entry of information(with use in multiple modules); • Ease of use; On-line interaddvity with customers for permits,licenses,payments,inquiries; • meal-time processing; • Customization of fields; • Ability to view increasing levels of account detail on screen; • Business intelligence reporting and analysis of data; • Customizable reporting; • High level of security and access controlled at the role and field level; • Ability to manage performance measures and tracking through business intelligence resources; • High degree of reliability and long term stability,growth and innovation EnerGov NET Standard Features The County has provided a general list of capabilities that the successful system must support in order to fully address the requirements and mandates of each associated division,many of which will be covered in subsequent sections of this RFP. In addition to these stated requirements,each module comprising EnerGov.NET contains an array of tools and resources designed specifically to enhance interdepartmental communication and maximize departmental effectiveness, efficiency, and productivity. Please refer to the following pages for a general description of the EnerGov NET product line. EnerGov.NET Project Plan/Development&Inspections Manager. EnerGov Net Plan!Development Manager provides departments with the ability to track,monitor,and review all activities, submittals,and approvals(etc.)associated with Plan&Development Projects across mwiUple users and departments. UNLIMITED Plan&Development Case types are supported. The system also captures,automates and expedites many routine processes from the initial point of application through the eventual approval and,if applicable,issuance of subsequent permits,CO's,COC's etc. Additionally,as In all EnerGov modules,and—users have the power and flexibility to define unique site-specific attributes In order to tailor the software to meet the distinct needs and mandates of their respective department. EnerGov.NET Permit&Inspections Manager. EnerGov Net Permit and Inspections Manager provides departments with the ability to efficiently and comprehensively manage ALL aspects of the Permit&Inspections lifecycle from Initial application through required Inspection completion and eventual CO Issuance. The system supports UNLIMITED project,permit and inspection types regardless of discip line or trade(I.e.Residential, Commercial,Industrial,Environmental,Engineering,etc.)as well as automatic fee calculations and re-Inspection fee assignment. As with all EnerGov modules,a variety of system notifications(both internal and external)alert end-users of mission-critical activities such as permit expirations,compliance deadlines,inspection requests,follow-ups etc. i • EnerGov NET Code Enforcement&Inspections Manager: EnerGov.NET Code Enforcement&Inspections Manager provides departments with the ability to track and manage all activities, inspections,violations,deadlines,hearing results,etc.associated with Code/Ordinance/Covenant violations. The system supports UNLIMITED case,activity,and required inspection types as well as FULL CODE TEXT tracking(Article,Section,Sub- Sections,eta). Automatic NOV creation and document imaging is supported as well as case attachments regardless of format (.pdf,.jpg,.bmp,.wav,etc.)for documenting pictures,Images,audio flies,etc. Users can also track multiple violations,violators, hearing dates,agendas,etc.per Case,obviously a critical feature for accurate and effoctent case management EnerGov.NET License&Inspections Manager: EnerGov.NET License&Inspections Manager provides departments with the ability to manage and laws UNLWITED types of licenses regardless of trade(i.e.Occupational Tax,Beer&Wine,Tavel Cab,Contractor,etc.)and regardless of fee configuration(i.e. fixed,%,calculated,adjustable mtn/max,discounts,pro-rates,etc.) Native to the application Is the support of'parents-child" business relationships and'sub-entity"functionality along with comprehensive auditing at both end-user and transactional(fee) levels. Additionally,the system provides a variety of reporting,lettering,merging utilities—an indispensable feature to efflclentiy and effectively managing the licensing process. EnerGov.NET Online Citizen Access: EnerGov.NET Citizen Access adds a new dimension to EnerGov.NETs core application by extending its flexibility and functionality across the Internet in a true.NET environment giving contractors and citizens alike the ability to perform a variety of tasks online from the convenience of their home and(or)office such as:Digital Plans Submission,Permit Application and Plan Status Inquiry,Inspection Scheduling Requests and Stairs Inquiry,Code!Ordinance Complaint Submission and Status Inquiry, General Property Search&Inquiry. EnerGov.NET GIS(Geographical Information System): • EnerGov.Net GIS adds a unique and powerful facet to the EnerGov suite of products described in the preceding narratives. This application allows(permits,plans,code cases eta)linked to parcels to be directly interfaced with your Jurisdiction's existing ESRI data,distributing extensive data housed within EnerGov to a geo-spatial environment for geographical viewing. Some basic features of this application included: •Advanced GIS udltdng ArcGIS Server Technology •Direct processing capability from/to ArcSDE »Graphical Interface for planning/reviews »Geographical route planning(Network Analyst) »Printing mapsigraphical reports »Geographical planfpermiticase/inspection creation »Unlimited GIS feature classes within EnerGov NET »Standard and Advanced product feature sets available MovileGov.NET: MovfleGov NET is the optimal field inspection application for obfuscating the barters of the office and deploying mission-critical features of EnerGov.NET to the field,thus enabling inspectors to perform their duties while on the job site. MobileGov NET takes full advantage of Smart Client technology and fully supports STORE AND FORWARD functionality,providing the ability for the application to function WITH OR WITHOUT consistent wireless cormect vity. Information entered in the field is stored'locally until a wireless connection is established at which point it is synchronized with EnerGov.NETs internal database. This functionality does not require specialized knowledge on the part of the end-user,in fact,it requires no intervention at all. EnerGov, NET IVR Automation TM': EnerGov's IVR Application brings operational efficiency and customer service to an unprecedented level. EnerGov's IVR Automation system completely automates time-consuming processes enabling your department to devote valuable time and resources to other tasks. • I EnerCov.NET e-Reviews EnerGov NET e-Reviews is a completely integrated electronic document review utility which enables and facilitates all aspects of m Integration like those proposed b other the-plan review process In a digital environment. This application is NOT a 3 party eg p pos y vendors in the industry. In fad,EnerGov e-Reviews was developed soft in-house which provides for unparalleled and seamless Integration with the EnerGov Enterprise Suite. »Supports(OWG,PDF,DXF,2D,CAD,3D CAD)formats o Digital Markups and Approval Stamps »Calibration and Snap Functions for Measurements »Version ControYComprehenshre Audit Trail »PDF published"As Approved"Plans To complement the aforementioned products for this endeavor,EnerGov's service offering is rmparrelled in the industry As previously noted,EnerGov has gained a wealth of industry knowledge and experience as a result of its diverse client—base. To be sure,each new implementation Introduces into the equation a unique set of operational objectives,processes,mandates, and goals wNc h must necessarily be addressed and subsequently incorporated into a dear and cohesive project plan. Obviously,strategic planning and project management methodologies occupy a critical role in the Implementation process. As such, EnerGov has fashioned a practical and proven design for leveraging a seamless transition. An abridged overview of key practices is provided below. Project Management For this project,and as with all implementations.EnerGov will designate a Senior Level Project Manager to oversee and coordinate all phases and activities. This individual will serve as the primary liaison through which information regarding the project is disseminated between both the County and EnerGov personnel. • Assisting the Project Manager will be a Project Team comprised of EnerGov Senior Project Consultant who will be Intimately Involved in various aspects of the implementation process such as:on-site setup reviews,configurations,report generation,staff training,etc. In addition the following personnel 1 departments will be working along the Senior Project Consultant on this project; Junior Project Consultant, Executive Team Member, CIS Professional,Data Conversions Specialist, Principal Solutions Architect, Development Services,Report Writing personnel,multiple Trainers,and Account Management, "Please note that EnerGov,does not employ 3rd party vendors or contractors. Continuity of Personnel II, EnerGov Is absolutely committed to facilitating an efficient and seamless Implementation. Obviously, the continuity of project personnel plays a critical role in this endeavor. As such,as with all EnerGov implementations,project personnel assigned to this Implementation will remain so designated throughout its duration. Any extenuating circumstances that might necessitate a change of personnel will be discussed and approved by both parties. Phased-Approach i EnerGov utilizes a phased approach to Implementation in order to ensure that each aspect of the implementation process is adequately addressed. A methodology of this nature is invaluable simply because it embraces an exhaustive examination of various interdepartmental issues such as best practices,policies,and procedures,each of which must necessarily be evaluated and considered prior to implementation. Moreover, this approach ensures that modular specific skills are mastered prior to each subsequent phase. Not to be overlooked,a phased approach is markedly advantageous from the end-user perspective by controlling the introduction of new concepts and feature sets. As such, application users are able to master mission-critical skills in a logical, coherent, and orderly fashion. The ramifications of this implementation convention are far-reaching and include:enhanced knowledge transfer, maximum skill comprehension,and maximum skill retention. Please refer to Section 10 for additional information regarding general phases and the associated objectives 1 milestones of each deployment. • i »Automated Inspections Requests »Automated Permit&Inspection Status Inquiries »24 hour Information access »Automated Inspection Results Notifications »Toll free 1.800# »Unlimited Incoming Phone Unes EnerGov Software Training Methodology With an application as dynamic and configurable as EnerGov.NET,we must provide an equally configurable and dynamic training program adaptable to your agencies unique business processes,workflows and terminology.Thus we offer adaptable training solutions to meet your agencies needs dependent on a varying range of factors and restrictions from facilities and budgetary constraints to staff size and geographical location.There are of course,basic principles that we implore with each and every Implementation: Training Kick-Offs—Training is often times associated with boring classroom sessions lead by stuffy lecturers on generic topics.That's not the case when it comes to EnerGov.NET training.From the moment our Software Training team arrives on-site it will be immediately clear that this isn't your average training program;we do this with our Training l9ek-Offs. Colorful banners.and displays will draw attention to the launch of EnerGov.NET at your agency.An energetic and dedicate training staff will Introduce your users to a now approach to training.At these IGck-Offs we'll have giveaways, establish departmental competitions and much more as set the tone for the Training Phase. Dedicated Training—There will be dedicated training sessions for users based on their individual and group involvement In essential business process and job responsibilities.We strive to create and maintain an intimate training environment by ensuring that our sessions to not'exceed 10 attendees.We also offer one-on-one sessions as well as sessions • dedicated to the specific business processes for your agency and all of those involved in them.We'll custom configure our training sessions to meet your needs. Training Materials—We offer a wide range of training materials and processes that will ensures that no matter what the learning curve may be for each of your users,we'll be cable of fulfilling it.From detailed training manuals,quick reference guides and intuitive help guides to customized"cheat sheets'unique to the user we'll go above and beyond to make sure everyone is prepared to move forward with EnerGov.NET as their Land Management solution. • CERTIIFIED Partner Functional Requirements ;:.. .A: `. -.;• _._�.� :_,.. ;Nye: a G a Energizing Local Government Operations Confidential Information-Do Not Distribute 0 2009 Eneroov sowaaom,LLC C C O C C C �+ O N e C +.C-' p N y Y N d ar of N.C 7i ti N O - O c� $ t . g o . . d ppp V V C +O,' N Q t0 0 N O %h �. d S A i7{ TC m RR mayor $ p 4o 22 � aoNai � �. ~C O ego CP a c a o u ° o`� m � m aaay�n. � c � � dw.c .' 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W W Z uawm Z H Z puo!upaa Z N PUEPIJDI z W Z yenbewl: z w Z 9 `_ oc rR ;,g B s'= tom.: z M z �. z 'n n. n • ® OC i�Z W�Z. � �. � � � w�E r�l OI Affewsoff CERTIFIED Partner Technical Information and Requirements Y- Energizing Local Government Operations Confidential Information-Do Not Distribute 0 2009 EmwQw soInUons,LLC i i TECHNICAL INFORMATION AND REQUIREMENTS 1 List the programming language/development tools that you use: EnerGov uses Microsoft.NET tools to build each of - User interface layer these layers to deploy EnerGov.NET. Being on.NET - Business layer since the inception of EnerGov,we have had the - Application layer ability to go from version 1.1 to currently 3.5. - Source code/kernel 2 What version of Microsoft SQL Server are you using and what are you testing?Can EnerGov.NET fully supports and has been deployed at we use 2008 yet and is it In general customer sites using Microsoft SQL Server 2000, availability status(vs.beta or alpha)? 2005,and 2008. In our current QA/QC process,each of these environments are tested and certified with each service pack and full release of EnerGov.NET 3 Briefly describe the platforms you support and your plans for the future. EnerGov.NET fully supports Microsoft XP,Microsoft - Do you support Microsoft Vista? Vista,and Microsoft Windows 7. - Do you support Microsoft XP? - Do you support Windows 7 and what • are your plans regarding Windows 7? 4 List your hardware and desktop requirements Minimum Requirements: Intel Pentium III processor450 MHZ+(or equivalent) 128 MB of RAM Recommended Requirements: Intel Pentium 41.8 GHZ+(or equivalent) 2 GB of RAM OS Requirements listed above EnerGov.NET fully supports virtualization and presentation environments also. 5 Briefly discuss your interface and data conversion requirements.What Minimum requirements from our internal data information do you need from us? services team is to receive any data the customer wishes to be Imported in a.csv or access database file export. Any other tools or information that could be provided would be very helpful;however,are not required. • 6 Briefly discuss your experience,data conversion plan/method,tools,availability EnerGov has converted and deployed the of templates and pre-configured templates EnerGov.NET solution with imported data from each for data transfer and conversion from the of the solutions,Accela Tidemark,Accela— following systems to your proposed PermitsPlus,and Municipal—City View. We have solution: been able to design some pre-configured templates - Accela—Tidemark Advantage(aka for data conversion;however,from our experience PermitPlan) each of these solutions have vastly different setups, - Accela—PermitsPlus custom tables,and data structures for each of their - Municipal Software—City View previous customers. 7 Briefly discuss what technical maintenance we will be responsible for,what resources During the EnerGov.NET implementation,the are needed and the level of work. E.g. EnerGov Implementation team will configure database administration,system Maintenance Plans and SQL Jobs in SOIL server for performance tuning,etc. preventative maintenance and performance tools. Continual maintenance will depend on the level of access EnerGov will have to the district(s)database server(s)and/or application server(s). During phase 1 of the implementation,the EnerGov Project Team can provide a detailed project plan containing a resource allocation plan. . 8 Briefly discuss your approach to staying current with technology,new innovations EnerGov has always been an industry leader in and new releases in underlying technology technology and services. Our continued development (e.g. MS SQL Server and ESRI GIS)used methodology will remain Microsoft.NET and we feel with your solution and services. we have been the most innovative company in this Industry with each service pack and full release. EnerGov reinvest 30%of gross in Research and Development to ensure that we are always one step ahead of our competitors and provide the best and easiest user experience in our industry. Recently EnerGov received a business partner of the year award from ESRI for our use of technology and innovation related to to ArcGISServer Product suite, and have also received technology and customer service awards from Dell and PC Magazine. 9 Briefly explain your approach to new Being a Gold Certified Partner with Microsoft and the releases from Microsoft and ESRI and how only Microsoft Certified Land Management Solution and when these are incorporated into your In the industry,as well as,being a Tier I development solution(s)and services,particularly as it partner and business partner with ESRI,EnerGov feels applies to this project. it has aligned with the right companies to receive the foresight in technology. Being at such high tiers with each of these companies gives EnerGov the ability to continually enhance the product suite and take full • advantage of tools provided by each company. • • �� • I �I � � CERTIFIED Partner Customer References Sao Energizing Local Government Operations Confidential Information-Do Not Distribute 0 2009 EnerGav SGIWM s,uC i iSample References - TechnologY erni-nent Land The Leader n • , . lutions EnerGov SO COMPANY OV ERVIEW Client References EnerGov Solutions. EnerGav is committed to p io dand ° '°°'rp01di the most innovative techno gy r. 2002' solution type: unparalleled services in the industry Software Offering consulting offering. Franklin County,Virginia Training Offering. . iridttstry: Franklin County is one of Virginia's tartest growing counties and has long been revered as a leader in the use of a goverment technology. in fad,the County's commitment to . Government!IT r,,,,,erri service availability and efficiencY Ft ep to County tedmological Innovation In!mP with once of the Comnwnwe80%highest honors Industry FOGUS- recognized Technology last g Award for ERcellsrice–only eight Projects spanning the entire t prestigious Technology Land Use Management coveted�. Erderprise La state receive this tov License and Regulation Management to EnerGov Solutions was unanimously selected after an etdensive RFv Process r years,the County had been Orate'!office(s) tmpiement its Innovative ararprise land management ePPl�tlon EnerGo but realized the value Corp s i.oeation: yes&applications to manage theweddoad of each Ong and Importing the using a number of disparate in addition to analyzing,'testing seining and Atlanta,GA-(Headquarters), g GAS-based land management e � in a.true centretmed, included the oomp setup,config EnerGavPermit Kafrsas City,MO:' County's legacy data,the ProjeG" EnerGov Planning.&Zoning Management, depioymemofthefolbwingEnerGov NETcomponents: ant, NbbilaeGar .NET, EnsrGov Citizen lmplementation_Services: & Inspections Management EnerGov Codes&EnfoFo r additional Management. Djrect from.organizabon Access,EnerGov iVR Automation and EnerGov OIS Far addltlonal infortnetion about FranWin County,VA Please visit:http;/1Www.frsnk1ncounWa-0rg• ro ect rsonneil, • NewCliertts.in Iast 5 years: '7 have to say 1 am prTRpl9ELY impressed with E„erGov and ALL of the assigned P. 1 Pe Jason,Curt and am E have done just great! Jeanine ,r an awesome Project manager and Gary is the best 121 Goverment Agencies Sa XUO TeRy business analyst i've ever seenli» Irinplementations In last 12 months: information Technology Director 27 Phone: 540.483.8840 sandie.terry@frank%noountyva•org installation Balsa: 16()+Agencies . Charleston County, south Carolina Iristailiation size 5-250+users Charleston County's rich Mend of culture,economic activity,environmental beauty and 5,000-1,000.000+Population historic tapestry makes it of the most dicomm community counties t the radon• ts m recognized leader,Charleston County is a Proud ping a neye toward strives to Protect both nt an a tomrrard fuWre developmem Regent Awards:. historic treasures and Its environment while keeping County continually elms to Provide and the needs of its citizens. To be sure,Chad" fiscal 2009 ESRI'Partner of the Year public service in an environment that recogn►z� l ti th unty co pn responsibility C iARLES.TON and the desire to mairdain excellence. ConseQue tly, national recognition.winning dozens of local,state and national awards for its Innovative ■Ct�t1N ■ Enterprise Solutton Price: sown CAROLINA $200,000 to$1.million+ Programs and services provided to over 345,000 residents. ant Tools: Following an Intensive RFP Interview Process in 2008,EnWGov SOh gsrn was chosen over a[ other Potential solutions to provide its enterprise land management l solution to Charleston County.The ProductLan9aagef Developm. Lion framework, Microsoft:NET Framework courny s decision was based Primarily on EnerGohle innovativero9toceslerseMce support PPort Cfmarles- proven implementation methodology.and impeccable reputation post 2 ears(others Miexosoft ASP-NET ton County is 1 of 5 innovative South Carolina coastal governments to select EnerGov over the Pa Y 11piCrosoft.Visual Basic.NET n County,SC/Seftley County,SC).In addition to business analysts, Include Worry County,SC/Georgewm 40 rs the enterprise Is nd management back XML workflow consulting,and legacy data conversion(dating eMreview,code enforcement and business m setup, ,wild- deployment{regulatory land use,p9mrAWng,development s~ve rofessional servroas(system ramp.configu- Development ResOU+i ce' was s s ly implemented In 10 months of the ed COOV,p Eiv0 P rise Land Management Suits,EnarGov GIS, 100%.In-House_ I . . .: ration,testing,training,etc)snd deploYnme 30%Revenue Re-invested in Dev i yr EnerGov Citizen Access and Mob!%Gov Inspections. '7he implementation team did such a great job with the P-Ject I really think that eks and trains-ires it helped big impact here and I appreciate the fact fiat you all stayed hero du►Urg the Y weeks otgo Hf tremendouslyl t2VHAW tnformatlon Technology Project Office Phone: 843.858.4021 . ehW@4:madestoncounty-org i i 2009 EnerGov Solutions.AU Rots Reserved. •Ener-Gov soutions and EnerGov.NET are a registered trademark of Fie GOV$olufltms,LLC J II 3 i 1 Sainple References The Leader in Innovative Government • Use Technology EnerGov COMPANY OVERVIEW Goitdshoro, North Carolina EnerGov Solutions Located in the Piedmont Region of North Carolina,the City of Goldsboro is the county IrtC.Orp019ted:. seat of Wayne County and is conveniently located within 30 minutes of the famed `0i ar1lpfo. 2002 Research Triangle,home to numerous renowned universities(Duke University.Wake o Forest,UNC.NC State)and high-tech enterprises{IBM,SAS Institute,Cisco Systems, Solution type: Nortel Networks,NetApp).The City of Goldsboro employs over 574 full-time personnel Software Offering and provides numerous services to its citizens. Recognized as a Top Ten City by Money EatNel. Consulting Offering Magazine,the City of Goldsboro takes great pride In providing quality and efficient n9 ng services to the public.The City of Goldsboro is also the proud home of Seymour Johnson Training Offering. Air Force Base,home of the 4th Fighter Wing.. Industry: In need of a more innovative,flexible,and reliable solution then Its existing permitting software selected EnerGov Government/IT (CiWiew by Municipal Software/Harris Computer Systems/MSGovem),the city of Goldsboro seleGed EnerGav Solutions to convert and Implement ErrerGov•NET Enterprise Land Management in order to streamline its land and Ind business-related development operations. The implementatlon included full on-site professional services tetl by the hY Focus: ityVi . EnerGov project team(Cew legacy data conversion,system setup&tonfiguretion,testing&validation.training Enterprise Land Use Management &go live support)for the following EnerGov NET components:EnerGov Planning&Zoning Management,EnerGav License and Regulation Management Permit&Inspections Management,EnerGov Codes&Enforcement Management, EnerGov Contractor License Management,MoblleGov.NET,EnerGov Citizen Access Complete,and EnsrGov GIS. For additional Information Corporate/omce(s)Location: about Goldsboro,NO please visit httpJNvww.ci.goldsboro.nc.us/. Atlanta,.GA.(Hea dquarters) Kartsa8 City,fUIO: "Upon the deployment of the Eno ov.NET application,our department experienced Increased efficiency in everyday processes,enhanced reporting capabilities,and system flexible enough to change as our needs change...I would highly recommend EnwGov Solutions as a firskclass technology pertrwr" Implementation Services: Jeff Cooke Sr Direct from organization GIS Analyst/Director • Phone:919.58x_4385 New Clients In last 5 years: jcooke@d.goldsboro.ne.us 1.21 Government Agencies Implementations in last 12 months: . 27 Eagle County, CO Irtstsllatlon Base: The Ute Indians chimed Eagle County for summer hunting and fishing grounds long .150+Agencies before Europeans explored the area. The first reliable account of European presence In the Eagle River Valley was In 1840whan KitCarson guided the Fremont party through the Installation Size: region.Eagle County was carved from Summit County In 1883 and Red C liff,named for 5-250+Users the surrounding red quartzite Jiffs,was the first county seat The county seat later moved to Eagle In 1921. Today,Eagle County(Vafl,CO)is a popular tourist destination and is EAGLE 5,000-1,000,000+Population yyo,ld renowned for its natural beauty and revered among winter sporting enthusiasts as r=.O.V.N T.V Lr,, AI Ir*Pf-AH the slid capital of the Midwest Recent Awards:. Eagle County selected EnerGov Solutions after conducting an extensive search for a software management system 2009 ESRI'Partner of the Year capable of efficiently edminlstering the demanding woAtload of its planning,building,inspections,&code compliance division(s).The County's operational needs&organizational mandates had far exceeded the capabilities of its Enterprise Solution Price: existing software application,ADAPTS,the RFP review committee overwhelmingly recommended EnerGov as the $20.0,000 to$1.million+ preferred solution.In addition to business analysis,workflow consuming,and legacy data conversion(In excess of 30 years),the implementation Included full professional services(system setup,configuration,testing,departmental Product Language 1 Development Tools: training,etc)and deployment of the following EnerGov NET components: EnerGov Planning&Zoning Manage - training, EnerGov Permit&Inspections Management,EnerGov Codes&Enforcement Management,MobmeGov.NET, Microsoft.NET Framework EnerGov Citizen Access Complete,and EnerGov GIS. For additional information about Eagle County,CO please Microsoft ASP:NET visit htip:/lwww.eaglecounry.us. Microsoft Visual Basic NET q gave you guys a glowing report,and fold them that I liked everything about EnerGov...and 1 informed them XMIL that the customer support Is awesometfl bevelopment Resource: Amanck Say 100 6k In House Business Systems Analyst Phone:970.328.3585 30%Revenue Re-Invested in Dev/yr Amanda.Bay4leagieceunty.us i 2009 EnerGov Solutions.Ali Rights Reserved. •EnerGov Solutions and EnerGov.NET are s registered trademark of EnerGov Solutions,LLC i Sample References The Leader Innovative Government r . Use Technology Microsoft EnerGov Solutions COMPANY OVERVIEW EnerGov Solutions Laguna Hills, CA Incorporated: Laguna Hills is built on one of the major land grants developed during the Rancho Era. 2002 Folowing Mexice's independence from Spain in 1821,those who had served In the government or who had friends in authority,were given vast lands for cattle grazing. Solution type: Rancho Lomas de Santiago,Rancho San Joaquin,and Rancho Niguel covered much of Software Offering the western portion of the Saddleback Valley.Don Juan A%dla was granted the 13,000 Consulting Offering.. Rancho Niguel on which Laguna Hills is located.Incorporation efforts began in 1987 and W-1 on March 5,1991,the goal of incorporation was finally achieved with 86%of the residents Training Offering voting in favor of forming the City of Laguna Hills,On December 20,1991,Laguna Hills officially became a City. Industry: Government!IT Although a relatively young city by some standards(ine.1991),Laguna Hills.CA boasts one of the most progressive administrations on the West Coast with regard to the enactment and provision of public policy,public access,&public Industry Focus: service;Indeed,the City remsirrs steadfast in its mission to provide citizens end businesses sake with unimpeded Enterprise Land Use Management prompted and transparency to governing policies& Procedures It is this commitment to customer service that prompted the City to identify and procure a new and improved software application to replace Its`rigid'legacy system .License and Regulation Management (proms by GovPertner, Inc.). EnerCov Solutions responded to the soltdtation and was awarded the bid unanimously after a thorough Interview process.The dry cited numerous advantages native to the EnerGov system Corporate 1 office(S)Location: which led to the final selection including: proven track record for on-t me successful deployments,user-friendliness, Atlanta,GA(Headquarters) innate flexrolty,mobli ty&adaptability.In addition to analyzing,converting and Importing the City s legacy GgvPart- Kansas City,MO ner data,the project included the comprehensive system setup,configuration,testing,training,and deployment of the following EnerGov NET components: EnerGov Planning&Zoning Management,EnerGov Pert&Inspections MoblleGov.NET EnerGov Citizen Ate,&EnerGov Management,EnerGov Codes&Enforcement Management, i Implementation Services: IVR Automation. For additional Information about Laguna Hills,CA please visit:httpllwww.ci.leguna-hills.ca.us. Direct from organization • New Ciients in last 5.years: "Thank you so much...!really enjoyed the project and working with the stall at EnerGov;you all have a great 121 Government Agencies team orproressionals therell JerrnifierLuria Implementations In last 12 months: Community Development Division I Systems Admin 27 Phone:949.707.2676 puna®a.laguna-hBs.ca us Installation Base: ISO+Agencies Columbus, GA Installation Size: With a population of over 250,000 residents,the City of Columbus is Georgia's third - With -250+Users lar largest city and enjoys a thriving business and economic development environment. In 9 5,000-1,000,000+Population addition to being the home of a renowned Army Installation at Fort Banning,Co lumbus Is the corporate headquarters of many of the United States'leading companies such as Columbus GA Recent Awards' AFLAC Insurance,Carmike Cinemas,Char-Broil,TSYS,and Tom's Snack Foods. All in k4 vfauoAl E".40Yt Mptt 1 Recent A ar Partner.of the Year all,Columbus oilers many exciting attractions and represents a colorful tapestry woven from a rich history a"the banks of the Chattahoochee River-a progressive present and a promising future all in one great place. Enterprise Solution Price: Columbus Consolidated Government selected ErterGov Solutions after conducting an extensive search for a $200,000.to$1.million+ software solution capable of ettGently managing the demanding volume and workload of its planning,zoning, bugding,Inspections,license&compliance divisions.The City's needs had far exceeded the capabilities of its Product Unguage!Development Tools: existing legacy application and,In an effon to increase Interdepartmental efficiency,productivity,and transparency, MiCrosoft.NETFramework thecity'sreviewcommittaeoverwhetmingly recommended EnerGov.NETasthe optimal land management solution. The enterprise Implementation included:Legacy Data Conversion(AS400/25 years of data)importation;GIS& Microsoft ASP:NET CAMA (Computer Aided Mass Appraisal) Integration; EnerGov NET Enterprise Land Management Suite; Microsoft Visual Sasic,NET MobileGov NET deployment;EnerGov NET Online Citizen Access;EnerGov IVR Automation;EnerGov NET XMIL Business License Management;On-sila professional services including system setup,training,and customized reporting via Crystal Reports technology. Development Resource: EnerGov NET brings a new era of transparency to the city by allowing cona4tuems to submit applications and 100%In-House review requests online while efficiently collaborating and managing the status of development projects within a 30%Revenue Re-Invested in Dev yr cohesive,online workspace.The drys vision of running smarter and'going grew will become a reality with the deployment of this new system.Also available online wig be the ability to manage inspection requests and the payment of fees online as well as the ability to monitor the status of any citizen requests.Overall,this service is designed to reduce the time spent driving up to city hall as well as streamline the overall paper and approval process. VI ftn Duck Director,Inspections&Code •. Phone:706.225.3875 bduck@columbusga.org j 2009 EnerGov Solutions.All Rights Reserved. EnerGov Solutions and EnerGov.NET are a registered trademark of EnerGov Solutions,LLC Sample References The Leader Innovative Land Use Technology EnerGov Solutins• Microsoft COMPANY OVERVIEW Jackson County, MS EnerGov Solutions Sine its inception In 1812,two common threads have permeated the history of this surer, beautiful Coastal county—progressive leadership and the ability to change with the times. In fact,the county has consistently maintained a steady pace of growth and is described as Incorporated: the"most industrialized county in the state."The county maintains a stateof-the-art •. , 2002 hospital system, an excellent school system, a top-rated community college and a university branch within its borders.The citizens of Jackson County are making the future " *" Solution type: happen every day. Software Offering Nowhere is this fundamental commitment to Innovation and progress more evident than In the Consulting Offering administration of county planning,building&Inspection services.After years of struggling with an Training.Offering existing `permit-tracking' software system,Jackson County issued an RFP for a GIS-centric, enterprise land management system-able to manage and streamline the many unique workflows and processes of which the county Industry: and its constituency were in need, Govemment/IT The County's plan to adopt an aggressive e-govemmem technology approach,focused on enhancing and maximiz- ing Interdepartmental communication end constituency collaboration,was formulated and put into action.After a Industry Focus: nation-wide vendor review pro cess,Jackson County overwhelmingly selected EnerGov Solutions to provide its Enterprise Land Use Management flagship EnerGov.NET land management software to empower the county and its citizens with real-time,enterprise License and Regulation Management GIS-centric management of permit,development review,inspections and land-use activities. In addttion to providing business process consutting,workflow analysis,and legacy date conversion,the enterprise Corporate/Office(s)Location: implementation Included the deployment of the EnerGov NET Enterprise Land Management Suite,EnerGov GIS, Atlanta,.GA.Head uarters) EnsrGov Citizen Access and MobileGov Inspections to automate and streamline all regulatory land use,permitting, ( Q Kansas City,MO development review,inspections,code enforcement and licensing management processes as well as comprehen- sive professional services(system setup,configuration,pra–production testing,staff training,etc)provided by the Implementation Services: EnerGov Project Management team. .Direct from organization "Our project team is doing an exceflentjob and providing excellent customer service.i hope you report this to your higher ups...this Is the best experience we have ever encountered from a software vendor. •New Clients in last 5 years: 121 Government Agencies Ben Tayfor Jackson County GIS/FP Administrator Implementations in last 12 months: Phone:228.768.3114 27 Sen_Tsylor@co jackson.ms.us Instauation Base: Hony County, SC 150+Agencies Ensuring the highest quality of life for Its citizens and millions of annual visitors is not just a goat for the staff of Horry County,Its an absolute fundamental From its origins as a sodas Installation Size: of rural communities stretched over 1,100 square miles to Its current status as one of the 5-260+Users fastest growing counties of the U.S.east coast,Horry County is responsible for the develop- , ,,.. . men%public safety,and well-being of each and every one of Its residents and visitors. l?•=+ +:• i -;,, 5,000 1,000,000+Population Homy County does not take this responsibility lightly.As an agency committed to excellence and efficiency,Horny Regent Awards: County was determined to provide a user friendly and state-of-the-art solution to Its 100+departmental personnel (planners,anglneers,building inspectors,code enforcement agents,administration staff)that was consistent with the 2009 ESRI Partner of the Year extensive GIS-related mandates regarding application deployment promulgated by the county's information technol- ogy division. Enterprise Solution Pricer $200,000 to$1 million+ Horny County Government's GIS-centric project approach(recipient of the 2007 Geospatiel Information&Technol- ogy Association(GITA)Excellence Award for the local govemmentitpublic sector)has been a key to the success of all new applications deployed by Horry County.The county recently began the migration path for deploying now Product Language 1 Development Tools: GIS-centric software solutions.Under this model,all county software solutions obtain spatial components via a Microsoft NET Framework directaink with the geodatebase thereby providing a single repository from which information is published and Microsoft ASP.NET consumed. Microsoft Visual Basic NET After an extensive RFP evaluation and InteMew process,Horry County unanimously selected EnerGov Solutions as XML the choice vendor to provide Its state-of-the-art,GIS-centric software capable of empowering departmental person- Devel meet Resource: Pei as well as the citizens they serve. Out of all respondents to the county's request,EnerGov proved to be the sole Development vendor providing a true GIS-based enterprise land management system. The enterprise deployment included 100%In-House EnerGov NET Enterprise Land Management,EnerGov GIS,EnerGov Chien Access,MobileGov Inspections& 30%Revenue Re-Invested in Dev/yr EnerGov,e-Reviews in conjunction with all associated professional services including:comprehensive business process consulting,workflow analysis,legacy data conversion,application Integrations,and comprehensive on-Slits, staff training and go five support. "The decision makers at Homy County have realized the value of GIS-centric software and have shown their commitment and support throughout the entire project Both foams have gone above and beyond in making the vision a reality." Trim Oljtrer • Assistant Director IT/GI S Phone:843,915.7367 olivert@horrycourLty.org 2009 EnerGov Solutions.At Rights Reserved. EnerGov Solutions and EnerGov.NET are a registered trademark of EnerGov Solutions,LLC i For Immediate Release countV 00.UTR OARO.L Horry County, SC Committed toExcellence County selects EnerGov Solutions after an extensive RFP process to provide a GIS-Centric land management approach. Mute,0A.(October 20,200'7)Horry County,South Carolina,home of the famed Myrtle Beach,has selected EnerGov Solutions,the leading technology provider of government enterprise land management software solutions,to empower the county and its citizens with real-time, GIS-centric management of permit, review, inspection and land-use activities. Ensurin g the highest quality of life for its citizens and millions of annual visitors is not just a goal for the staff of Horry County,it's an absolute fundamental.From its origins as a series of rural communities stretched over 1,100 square miles to its current.status as one of the fastest growing counties on the U.S.east coast,Horry County is respon- EnerGov Solutions sibe 1br the development,public safety,and well-being of each and every one of its residents and visitors. Installedlot�120+ HemOWm m Atlanta,GA Horry County does not take this responsibility lightly.Committed to excellence,Horry orBces.Kansas city,MO . County was determined to provide the most userfriendly and state-of-the-art solution to Key Tede Enterprise Software Solutions its 100+ departmental personnel - planners, engineers, building inspectors, code enforcement agents,administration staff and more. OovemmenUlT After an extensive RFP process, Horry county selected EnerGov Solutions as the choice vendor to provide state-of-the-art software capable of empowering departmental personnel as well as the citizens they serve. !NS Horny Courttp iT/61S satgtgroUral and Project scope Horry County Governments GIS- Wic project (recipient of the 2007 Geospatisl Informartlor►&Technology Association(GITA)Excellence Award ' for the local govemmenVpublk secW)has been a key to the success of aft new appllcatkns deployed by Horny County.The county recently began the , migration path for deploying new GIS-centric software solutions.All of the - solutions obtain spatial components via a direct-link from the county's GIS. Another core goal for this protect was a single source for all users(county and city)to access data. "Unique In that all appikations are required to be Integrated with a real-time read of the GIS data elements,the county's 86-mile fiber network provides a single source for GIS data to all county and city offices.The decision- makers at Horry County have realized the value of GIS and have shown their commitment and support throughout the entire project.The IT/GIS team has gone above and beyond In making the vision a reality,"said Tim Oliver, assistant director,IT/GM Hong Countty. a For Immediate Release. suet=;��i Jackson County, IRIS County selects.EnerGov Solutions after an extensive RFP ° cotes' process to replace existing software and provide 0118-Centric, enterprise land management solutions Alanta,QA(Augest 10,2008)Jackson County, Mississippi, home of Pascagoula and the fourth largest county in the state,has selected EnerGovSolutions,the leading technology provider of government enterprise land management software solutions,to empower the county and its citizens with real-time,GIS-centric management of permit,review,inspeo- tion and land-use activities. Since Its inception in 1812,two common threads have permeated the history of this beautiful Coastal county— progressive leadership and the ability to change with the times. In fact,the county has consistently maintained a steady pace of growth and is described as the"most industrialized county in the state."The county maintains a state- of-theart hospital system,an excellent school system,a top-rated community college and a university branch within its borders.The citizens of Jackson County are making the future happen everyday. EnerGov Solutions Nowhere Is this fundamental commitment to Innovation and progress more evident than lestsllanlons;140+ in the administration of county planning,building&inspection services.After 2 years of ysadquartem Atinnfa,GA struggling with an existing software system that was recently implemented, Jackson County issued an RFP for a GIS-centric,enterprise land management system- able to Regional Ofncom Kansas city,MO • manage and streamline the many unique workflows and processes the county and its Key Tear Enterprise land Management constituency were in need of. Business:Govemment f IT Solution Coet:1100,000-$1 million+ The County's plan to adopt an aggressive e-governme nt tech nology approach,focused on enhancing and maximizing interdepartmental communication and constituency collabo- ration,was formulated and put into action.After a nation-wide vendor review process, Jackson County overwhelmingly selected En"ov Solutions to provide Its flagship EnerGov NET land management software to serve as the technology backbone needed to move forward with this initiative. "I'm very excited;says Ben Taylor,Jackson County's floodplain administrator. "Finally we will have a system that will not only allow us to collaborate with constituency in a professional manner,but will allow our workflow to be managed much easier,allowing us to focus on the more important details of our job". Jackson County R/GIS Background and Project SeW Technology Implemented: EnerGov.NET Land Management Suite :.x •EnerGov.NET Core •EnerGov GIS Server •MobileGov.NET •EnerGov Citzen Access •EnerGov lVR '>s 60 TechnokW AroGIS Server Advanced 9.3 DateBaae envlronmenM Microsoft SQL Server. • System Reps BUILDERadius,Inc/BluePrincee _ Agency Contact. Ben Taylor-Jackson County G)S/FP Administrator (228)769-3114 • CERTIFIED Partner Letters of Recommendation } Energizing Locai Government Operations ConRdenUal Infom Mon-Do Not DlsMbute 0 2009 EnerOff SolaDons,LLC fi Cy of Blue Springs. - 903 W Main Street '* Blue Springs,MO 64015-3779 To Whom It May Concern: I am the Director of Information Services for the City of Blue Springs,Missouri. Our City is a growing jurisdiction of 55,000 constituents located approximately 25 miles east of Kansas City. Like most government agencies,we strive to serve our citizens in the most efficient and productive t methods available while keeping their welfare and safety in mind. Empowering our employees with state-of-the-art technology has been,and will continue to be,a core philosophy within our agency. In April of 2007,our Community Development Department partnered with EnerGov Solutions to g deliver GIS-centered Enterprise Land Management application. Our goal was to deploy a solution that allowed our departments to share information,while being flexible enough to build in our de- signed workflows and extensive reporting requirements. The EnerGov.NET solution afforded us I these capabilities,is flexible and well designed/implemented,and will serve as our land manage- ment platform for many years. • I would also like to point out the most important aspect of having EnerGov Solutions as a partner— Customer Service. From the implementation of the project through the ongoing support,EnerGov employs well trained,professional individuals who deliver. This was very important in developing our long-term partnership with EnerGov Solutions. I would recommend EnerGov Solutions technology and services to any agency looking to enhance their Community Development operations. If you would like additional information,we can be reached at(816)228-0119. Sincerely, Department of Information Services,City of Blue Springs,MO f. • Sandie Terry 40 E Court Street Rocky Mount,VA 24151 Franklin.-County Ben Matthews „ ,, ,,;_:, „,J =2 Lsi '1. PS P._ .7n li' EJA1 j 3"':iN7t�IV EnerGov Solutions Atlanta,GA Dear Ben: I am happy to recommend EnerGov Solutions as our implementation has been one of the best I have been a part of in my 28 year career in technology. All of the EnerGov staff—from the initial analysts through the implementation team and the ongoing support team have been very knowledgeable fa methodology that spears to the project. Every member of the EnerGov team lows be very well-defined and proven to ensure a successful implementation. small application to support our building had relied upon a custom, aPP thu'County Po inspections and planning lannin processes. As you know,Franklin County is the fastest growing locality in this part of our state and that presents several challenges.in our land .management functions. Many of our internal staff members have worked for the County • for many years and we anticipated this implementation would be somewhat difficult due to the change in culture that would result in the Building and Planning departments. Fortunately,the EnerGov implementation process was well structured to handle these changes and made the implementation much easier. The system is well accepted and it is very good to note that the Building department is no longer working any overtime! We are looking forward to implementing the Citizen's.Web Access portal and the IVR in the next few months. Thanks so much for also working with us as we built our remote application access architecture--your continued support is greatly appreciated! S ly, Sandie Terry Director of Information Technology i City of goosboro of o� Amnig and Community veveCopment Department P. C. Drawer A D f oO oro, North Carofina 27533-9701 19J9a 580-4.q331580-4334 ,fax (919)580-4315 ofsay .:r , Jeff Cooke City of C,oldsboM NC: 200 North Center Street Golds6 ro,North Carolina 27530 Dear Ms,Henderson_ My name is 7eff Cooke andl am the 0119 TXrector for the City ofCnaldsbaro,North cuolina: The City currently employoes over 47$fu11-time staff members to fulfill its oxvic obligations-to a growing population of over 45,000. Goldsboro,as a collective governmental body,is a progressive orggifizatibn which takes.great prido in offering constituents quality and efficient services. To achieve our pda,:the City incorporates state-of-the-art technology with.quality personnel to meet the ever demanding nee&of our public citizens. In an effort to enhance our Piaunlng and Inspection Departments,approximately two year ago,the.qty had an irnmediate need to replace our Land-Management Software.ApplicatiouMmvider(Munkipal SoftwarelCityview)to improve our businesses processes and bring an innovative,scalable,and more reliable solution/company to meet our even-changing needs. Auer a rigorous UP prnce",the City selected EnerGov Solutions as the prehmd vendor bbd on the fallowing criteria; • Service orientation • Innovative technology • Scalable architecture • CiT�eapabilitiCs Fortunately for the City of Goldsboroo,EneWiov met our challenge and deployed their solution.throughout or organization in an aMment and professional manner.`!'heir implementation approach was methodical, well planned,and followed through to the end. Upon the successfLl deployment of the EnerGov NET application,our departments experienced increased efficiency in everyday proceBSes,enhanced reporting capabilities,and a:sysumi flexible enough to change.as we changed. Moreover,the ongoing support from EnerGov has been outdmding. if issues arise,they are handled quickly and efficiently by our dedicated account manager. Having a single point of oonw-t for our support issues has been a tremendous asset. I would highly recommend EnerGov Solutions as a first-class technology and,professional mvices Partner. If you would lilts additional information,You C telephone me at(919)580.43.83. . Sincerely, GIS Director CERTIIFIED Partner Price Proposal dub- °4. Energizing Local Government Operations Confidential Information-Do Not Distribute 0 2009 Enw0aysoluUans,LLC 1 AOff' C E R T 1 F I E D Partner i Notice of Confidentiality The IMnrmation disclosed herein Is the exclusive property of EnerGov Solutions and, as such, Is confidential,privileged,and exempt from disclosure under applicable federal and state.regulatlons. This work,Inclusive of all pages and documents contained herein,Is protected under United States oopydght low and other hrtematlanal copyright trestles and conventions. No part of this work may be reproduced or transmitted In any form or by any means,electronic or mechanical,incli ding photocopy- Ing and recording,or by any tlfonew n storage or retrieval system,except as a prerely pomdtted In wrdUng by EnerGov Solutions,LLC or an authorized representative thereof. Any and a0 requWUorm shouW be submitted in writing to the folk Mng: EnerGov Solutions,LLC Contract&Legal Services Maier 2160 Satellite Blvd Suite 300 Duluth,George 30097 ®2009 EnorGor Solutions,LLC I fit' �OVSOIUtio:ns �� Government Connected Solutions I City of Bothell LICENSE PRICING-BOTHELL 1 Briefly describe your estimating approach and the EnerGov's proposal to the City of Bothell is for 30 basis for your proposed pricing. concurrent Enterprise Land Management Suite Users,8 Mobile users,GIS Integration,along with related implementation(full service),training (comprehensive training model),"Go-Live"support, and"estimated"development services. 2 Briefly describe your fee structure. EnerGov's fee structure is based on concurrent users. 3 Discuss how you will discount the software, EnerGov is providing a$1,500 discount on Enterprise maintenance/support and services rate for us. Land Management concurrent user license for each participating agency. 4 Prices and rates must be locked in for three years. Prices are locked for 3 years. 5 Provide a summary of costs excluded from this Proposal does not include hardware,ESRI software, proposal or fully scoped"development services" 6 Provide a preliminary payment schedule,keeping EnerGov's payment schedule is based upon in mind that we are not allowed to pay for goods implementation milestones as follows: and services in advance. Contract Signing 20% Assessment Phase 20% Configuration Phase 20% Training Completion 20% System"Go Live"20% 7 We own a site license for ESRI GIS products and do No additional FSRI licenses would be required with not plan to pay for additional licenses as part of EnerGov's proposal. this acquisition.Can you honor that,and if not, why not? SOFTWARE 1ICENSE' $ ;ASSUMPTIONS. Enterprise Land Management 104,970 Includes 30 concurrent user licenses and$1,500 per Suite license discount. Planning/Zoning Included above Permits Included above Licensing Included above Inspections Included above Cash Recelpting Included above Project Tracking Included above Code Enforcement Included above Property History Included above Financial Tracking Included above Report Writer Included above Includes 30 Custom Reports and 250 standard reports. EnerGov MobileGov 19,992 Includes 8 user licenses. EnerGov GIS Server Standard 39,965 Includes 30 concurrent user licenses. eCity Gov Alliance Web Portal 15,000 This costs is$15,000 per participating jurisdiction or API $50,000 if all 6 participating jurisdictions procure with EnerGov Solutions. SUB-TOTAL: Software License 179,927 IMPLEMENTATION $. ASSUMPTIONS'.._ Implementation 149,896 Includes full service system analysis,definition, configuration,LIAT,etc. Data Conversion 30,856 Tidemark data conversion. Training 34,848 Includes 30 days on-site training and 10 days on-site "Go-Live Support" Integrations: Laserfiche 3,999 Established API Tyler(Eden)Interface 7,872 Estimate base on$179/hr development service rate GroupWise BI-Directional 9,224 Estimate base on$179/hr development service rate Interface All other required integrations $179/hr development service rate based upon full scope analysis. Customization $179/hr development service rate based upon full scope analysis. Travel 41,250 Other: SUB-TOTAL: Implementation 277,945 RATIO: Implementation Cost to 1.54 License Cost ANNUAL $ ASSUMPTIOiWS MAINTENANCE/SUPPORT ;. Year 1 32,387 18%of Software Costs Year 2 32,387 18%of Software Costs Year 3 32,387 18%of Software Costs Year 4 32,387 18%of Software Costs Year 5 32,387 18%of Software Costs SUB-TOTAL: 161,935 Maintenance/Support Maintenance Cost Calculation 18% 18%of Software Costs Formula(e.g.18%of Purchase Price) - GRAND TOTAL. 619,807 LICENSE,IMPLEMENTATION,S YR& MAINTENANCE:& OTHER • City of Issaquah LICENSE PRICING-ISSAQUAH 1 Briefly describe your estimating approach and the EnerGov's proposal to the City of Issaquah Is for 55 basis for your proposed pricing. concurrent Enterprise Land Management Suite Users,12 Mobile users,GIS Integration,along with related implementation(full service),training (comprehensive training model),"Go-Live"support, and"estimated"development services. 2 Briefly describe your fee structure. EnerGov's fee structure is based on concurrent users. 3 Discuss how you will discount the software, EnerGov is providing a$1,800 discount on Enterprise maintenance/support and services rate for us. Land Management concurrent user license for each participating agency. 4 Prices and rates must be locked in for three years. Prices are locked for 3 years. 5 Provide a summary of costs excluded from this Proposal does not include hardware,ESRI software, proposal or fully scoped"development services" 6 Provide a preliminary payment schedule,keeping EnerGov's payment schedule is based upon in mind that we are not allowed to pay for goods implementation milestones as follows: and services in advance. Contract Signing 20% Assessment Phase 20% Configuration Phase 20% Training Completion 20% System"Go Live"20% 7 We own a site license for ESRI GIS products and do No additional ESRI licenses would be required with ns as art of EnerGov's proposal. not Ian to a for additional licenses p p p P pay this acquisition.Can you honor that,and if not, why not? SOFTWARE LICENSE $ ASSUMPTIONS. Enterprise Land Management 192,445 Includes SS concurrent user licenses and$1AW per Suite license discount. Planning/Zoning Included above Permits Included above Licensing Included above I Inspections Included above • Cash Recefpting Included above Project Tracking Included above Code Enforcement Included above Property History Included above Financial Tracking Included above Report Writer Included above Includes 30 Custom Reports and 250 standard reports. EnerGov MobileGov 29,988 Includes 12 user licenses. EnerGov GIS Server Standard 52,440 Includes 55 concurrent user licenses. eClty Gov Alliance Web Portal 151000 This costs Is$15,000 per participating jurisdiction or API $50,000 if all 6 participating jurisdictions procure with EnerGov Solutions. SUB-TOTAL: Software License 289,873 IMPLEMENTATION $ ASSUMPTIONS Implementation 149,896 Includes full service system analysis,definition, configuration,UAT,etc. • Data Conversion 30,856 Estimated data conversion. Training 34,848 Includes 30 days on-site training and 10 days on-site "Go-Live Support" Integrations: Tyler(Eden)Interface 7,872 Estimate base on$179/hr development service rate All other required integrations $179/hr development service rate based upon full scope analysis. Customization $179/hr development service rate based upon full scope analysts. Travel 41,250 Other: SUB-TOTAL: Implementation 264,722 RATIO: Implementation Cost to .91 License Cost ANNUAL $ ASSUMPTIONS' MAINTENANCE[SUPPORT . • Year 1 52,177 18%of Software Costs Year 2 52,177 18%of Software Costs • Year 3 52,177 18%of Software Costs Year 4 52,177 18%of Software Costs Year 5 52,177 18%of Software Costs SUB-TOTAL, 260,885 Maintenance/Support Maintenance Cost Calculation 18% 18%of Software Costs Formula(e.g.18%of Purchase Price) GRAND TOTAL 815,481 LICENSE,_IMPLEMENTATION,S YR$:MAINTEUTANCE.&: OTHER* • i City of Kirkland — Current Size_ LICENSE PRICING—KIRKLAND 1 Briefly describe your estimating approach and the EnerGov's proposal to the City of Kirkland is for 45 basis for your proposed pricing. concurrent Enterprise Land Management Suite Users,15 Mobile users,GIS Integration,along with related implementation(full service),training (comprehensive training model),"Go-Live"support, and"estimated"development services. 2 Briefly describe your fee structure. EnerGov's fee structure is based on concurrent users. 3 Discuss how you will discount the software, EnerGov is providing a$1,500 discount on Enterprise maintenance/support and services rate for us. Land Management concurrent user license for each participating agency. 4. Prices and rates must be locked in for three years. Prices are locked for 3 years. 5 Provide a summary of costs excluded from this Proposal does not include hardware,ESRI software, iproposal or fully scoped"development services" 6 Provide a preliminary payment schedule,keeping EnerGov's payment schedule is based upon in mind that we are not allowed to pay for goods implementation milestones as follows: and services in advance. Contract Signing 20% Assessment Phase 20% Configuration Phase 20% Training Completion 20% System"Go Live"20% 7 We own a site license for ESRI GIS products and do No additional ESRI licenses would be required with not plan to pay for additional licenses as part of EnerGov's proposal. this acquisition.Can you honor that,and if not, why not? SOFTWARE LICENSE. $ ASSUMPTIONS Enterprise Land Management 157,455 Includes 55 concurrent user licenses and$1,500 per Suite Ikense discount. Planning/Zoning Included above Permits Included above Licensing Included above iInspections Included above i Cash Receipting Included above Project Tracking Included above Code Enforcement Included above Property History Included above Financial Tracking Included above Report Writer Included above Includes 30 Custom Reports and 250 standard reports. EnerGov MobileGov 37,485 Includes 15 user licenses. EnerGov GIS Server Standard 47AW Includes 45 concurrent user licenses. eCity Gov Alliance Web Portal 15,000 This costs is$15,000 per participating jurisdiction or API $50,000 if all 6 participating jurisdictions procure with EnerGov Solutions. SUB-TOTAL Software License 257,390 IMPLEMENTATION $ ASSUMPTIONS':. Implementation 149,896 Includes full service system analysis,definition, configuration,UAT,etc. Data Conversion 30,856 Estimated data conversion. Training 34,848 Includes 30 days on-site training and 10 days on-site "Go-Live Support" Integrations: IFAS Financial Interface 7,872 Estimate base on$179/hr development service rate All other required integrations $179/hr development service rate based upon full scope analysis. Customization $179/hr development service rate based upon full scope analysis. Travel 41,250 Other: SUB-TOTAL: Implementation 264,722 RATIO: Implementation Cost to 1.03 License Cost ANNUAL $ ASSUMPTIONS: MAINTENANCE/SUPPORT Year 1 46,330 18%of Software Costs i Year 2 46,330 18%of Software Costs Year 3 46,330 18%of Software Costs Year 4 46,330 18%of Software Costs Year S 46,330 18%of Software Costs SUB-TOTAL 231,651 Maintenance/Support Maintenance Cost Calculation 18% 18%of Software Costs Formula(e.g.18%of Purchase Price) GRAND TOTAL 753,763 LICENSE,i.MPLEMENTATION,5 YRS.MAINTENANCE& OTHER. . If your hosted pricing does not fit into the format above,present it in a format that fits your model,but please present it in a format that is easy for us to understand. • City f Kirkland — 33 800 People Added to Current Size ty p The price is the same as the"current size"proposal. The only change in price would be for additional concurrent users,etc. City of Redmond LICENSE PRICING-REDMOND 1 Briefly describe your estimating approach and the EnerGov's proposal to the City of Redmond is for 50 basis for your proposed pricing. concurrent Enterprise Land Management Suite Users,20 Mobile users,GIS Integration,along with related implementation(full service),training (comprehensive training model),"Go-Live"support, and"estimated"development services. 2 Briefly describe your fee structure. EnerGov's fee structure is based on concurrent users. 3 Discuss how you will discount the software, EnerGov is providing a$1,800 discount on Enterprise maintenance/support and services rate for us. Land Management concurrent user license for each participating agency. 4 Prices and rates must be locked in for three years. Prices are locked for 3 years. 5 Provide a summary of costs excluded from this Proposal does not include hardware,ESRI software, proposal or fully scoped"development services" 6 Provide a preliminary payment schedule,keeping EnerGov's payment schedule is based upon • in mind that we are not allowed to pay for goods implementation milestones as follows: and services in advance. Contract Signing 20% Assessment Phase 20% Configuration Phase 20% Training Completion 20% System"Go Live"20% 7 We own a site license for ESRI GIS products and do No additional ESR1 licenses would be required with not plan to pay for additional licenses as part of EnerGov's proposal, this acquisition.Can you honor that,and if not, why not? SOFTWARE LICENSE $. .ASSUMPTIONS .. . Enterprise Land Management 174,950 Includes 50 concurrent user licenses and$1,800 per Suite license discount. Planning/Zoning Included above Permits Included above Licensing Included above Inspections Included above Cash Receipting Included above Project Tracking Included above • Code Enforcement Included above Property History Included above Financial Tracking Included above Report Writer Included above Includes 30 Custom Reports and 250 standard reports. I EnerGov MobileGov 49,980 Includes 20 user licenses. EnerGov 6I5 Server Standard 49,945 Includes 50 concurrent user licenses. eCity Gov Alliance Web Portal 15,000 This costs Is$15,000 per participating jurisdiction or API $50,000 if all 6 participating jurisdictions procure with EnerGov Solutions.For the City of Redmond, EnerGov will implement Its current Citizen Access Web Portal for this same price. SUB-TOTAL: Software License 289,875 .IMPLEMENTATION_ $ ASSUMPTIONS Implementation 149,896 includes full service system analysis,definition, configuration,UAT,etc. • Data Conversion 36,420 Estimated Permits Plus data conversion. Training 34,848 Includes 30 days on-site training and 30 days on-site "Go-Live Support" Integrations: Oracle/Tyler Financial or MS 7,872 Estimate base on$179/hr development service rate Dynamics AX Interface ProjectDox Integration 24,096 Estimate base on$179/hr development service rate All other required integrations $179/hr development service rate based upon full scope analysis. Customization $179/hr development service rate based upon full scope analysis. Travel 41,250 Other: SUB-TOTAL: implementation 294,382 RATIO: Implementation Cost to 1.02 License Cost Annual Maintenance and $ Assumptions • Support I I • Year 1 52,178 18%of Software Costs Year 2 52,178 18%of Software Costs Year 3 52,178 18%of Software Costs Year 4 52,178 18%of Software Costs Year 5 52,178 18%of Software Costs SUB-TOTAL: 260,888 Maintenance/Support Maintenance Cost Calculation 18% 18%of Software Costs Formula(e.g.18'Y of Purchase Price) GRAND TOTAL 8451145 LICENSE,IMPLEMENTATION,5 YRS.:MAINTENANCE:& OTHER. • • City of Renton LICENSE PRICING-RENTON 1 Briefly describe your estimating approach and the EnerGov's proposal to the City of Renton is for 35 basis for your proposed prlcng. concurrent Enterprise Land Management Suite Users,20 Mobile users,GIS Integration,along with related implementation(full service),training (comprehensive training model),"Go-Live"support, and"estimated"development services. 2 Briefly describe your fee structure. EnerGov's fee structure is based on concurrent users. 3 Discuss how you will discount the software, EnerGov is providing a$1,500 discount on Enterprise maintenance/support and services rate for us. Land Management concurrent user license for each participating agency. 4 Prices and rates must be locked in for three years. Prices are locked for 3 years. 5 Provide a summary of costs excluded from this Proposal does not include hardware,ESRI software, proposal or fully scoped"development services" 6 Provide a preliminary payment schedule,keeping EnerGov's payment schedule is based upon • in mind that we are not allowed to pay for goods implementation milestones as follows: and services in advance. Contract Signing 20% Assessment Phase 20% Configuration Phase 20% Training Completion 20% System"Go Live"2046 7 We own a site license for ESRI GIS products and do No additional ESRI licenses would be required with not plan to pay for additional licenses as part of EnerGov's proposal. this acquisition.Can you honor that,and If not, why not? SOFTWARE LICENSE . $. ASSUMPTIONS Enterprise Land Management 122,465 Includes 35 concurrent user licenses and$1,540 per Suite license discount. Planning/Zoning Included above Permits Included above Licensing Included above Inspections Included above Cash Receipting Included above • Project Tracking Included above • Code Enforcement Included above Property History Included above Financial Tracking Included above Report Writer Included above Includes 30 Custom Reports and 250 standard reports. EnerGov MobileGov 49,980 Includes 20 user licenses. EnerGov GIS Server Standard 42,460 Includes 35 concurrent user licenses. eCity Gov Alliance Web Portal 151000 This costs Is$15,000 per participating jurisdiction or API $50,000 if all 6 participating jurisdictions procure with EnerGov Solutions. elteviews 89,995 Electronic Plan Submittal and Review(digital. markups,etc)technology. SUB-TOTAL: Software License 319,900 IMPLEMENTATION $ ASSUMPTIONS:. Implementation 169,895 Includes full service system analysis,definition, configuration,UAT,etc. • Data Conversion 36,420 Estimated data conversion. Training 34,848 Includes 30 days on-site training and 10 days on-site "Go-Live Support" Integrations: Tyler(EDEN)Interface 7,872 Estimate base on$179/hr development service rate All other required integrations $179/hr development service rate based upon full scope analysis. Customization $179/hr development service rate based upon full scope analysis. Travel 41,250 Other: SUB-TOTAL: Implementation 290,285 RATIO: Implementation Cost to .91 License Cost Annual Maintenance and $ Assumptions Support Costs • Year 1 57,582 18%of Software o • Year 2 57,582 18%of Software Costs Year 3 57,582 18%of Software Costs Year 4 57,582 18%of Software Costs Year 5 57,582 18%of Software Costs SUB-TOTAL• 287,910 Maintenance/Support Maintenance Cost Calculation 18% 18%of Software Costs Formula(e.g.18%of Purchase Price) GRAND TOTAL 898,095 LICENSE;IMPLEMENTATION;•S.YRS.'MAiNTENANCE'& :. OTHER • City of Sammamish LICENSE PRICING-SAMMAMISH 1 Briefly describe your estimating approach and the EnerGov's proposal to the City of Sammamish is for basis for your proposed pricing. 20 concurrent Enterprise Land Management Suite Users,5 Mobile users,GIS Integration,along with related implementation(full service),training (comprehensive training model),"Go-Live"support, and"estimated"development services. I 2 Briefly describe your fee structure. EnerGov's fee structure is based on concurrent users. 3 Discuss how you will discount the software, EnerGov is providing a$1,000 discount on Enterprise maintenance/support and services rate for us. Land Management concurrent user license for each participating agency. 4 Prices and rates must be locked in for three years. Prices are locked for 3 years. 5 Provide a summary of costs excluded from this Proposal does not include hardware,ESRI software, proposal or fully scoped"development services" 6 Provide a preliminary payment schedule,keeping EnerGov's payment schedule is based upon In mind that we are not allowed to pay for goods implementation milestones as follows: and services in advance. Contract Signing 20% Assessment Phase 20% Configuration Phase 20% Training Completion 20% System"Go Live"20% 7 We own a site license for ESRI GIS products and do No additional ESRI licenses would be required with not plan to pay for additional licenses as part of EnerGov's proposal. this acquisition.Can you honor that,and if not, why not? SOFTWARE LICENSE $ ASSUMPTIONS:. Enterprise Land Management 69,980 Includes 20 concurrent user licenses and$1,=per Suite license discount. Planning/Zoning Included above Permits Included above Licensing Included above Inspections Included above Cash Receipting Included above Project Trackin • l g included above Code Enforcement Included above Property History Included above Financial Traddng Included above Report Writer Included above Includes 30 Custom Reports and 250 standard reports. EnerGov MobileGov 12,495 Includes S user licenses. EnerGov GIS Server Standard 34.975 Includes 20 concurrent user licenses. eaty Gov Alliance Web Portal 15,000 This costs is$15,000 per participating jurisdiction or API $50,000 if all 6 participating jurisdictions procure with EnerGov Solutions. SUB-TOTAL- Software License 132,450 IMPLEMENTATION $ .. ASSUMPTION$ ... Implementation 149,896 Includes full service system analysis,definition, configuration,UAT,etc. Data Conversion 29,420 City View data conversion. Training 34,848 Includes 30 days on-site training and 10 days on-site "Go-Live Support" Integrations: Srpingbrook financial Interface 7,872 Estimate base on$179/hr development service rate All other required integrations $179/hr development service rate based upon full scope analysis. Customization $179/hr development service rate based upon full scope analysis. Travel 41,250 Other: SUB-TOTAL:- Implementation 263,286 RATIO: Implementation Cost to 1.99 License Cost Annual Maintenance and $ Assumptions Support Year 1 23,841 18%of Software Costs Year 2 23,841 18%of Software Costs • Year 3 23,841 18%of Software Costs Year 4 23,841 18%of Software Costs Year 5 23,841 18%of Software Costs SUB-TOTAL: 119,205 Maintenance/Support Maintenance Cost Calculation 18% 18%of Software Costs Formula(e.g.18%of Purchase Price) GRANDTOTAL 514,941 . LICENSE;IMPLEMENTATION i.S:YRS':MAINTENAN":.;:: OTHER' • CERTIFIED Partner Implementation Methodology - ---------- - i .Energizing Local Government Operations Confidential Information-Do Not Distribute 0 2009 Eneroav SoMans,LLC eCityGov Alliance RFP#09-003 EnerGov Solutions-Implementation Approach The implementation of the project is a joint endeavor consisting of both each agency & EnerGov Implementation Team members,each with defined roles,tasks,expectations etc. As noted above,Specific roles, responsibilities, task etc. are delineated in the SOW which is drafted for review and approval by customer prior to contract execution. Regarding timelines&deployment schedule,a preliminary project plan has been prepared and included as an example in the narrative that foilows which contains details regarding each milestone and associated task(s)delineated thereon. It is understood and acknowledged by both parties that a revised project plan will be drafted and presented as an early deliverable upon completion of the Assess Milestone. The project will be guided and implemented based upon this mutually agreed project plan. EnerGov utilizes a phased approach to implementation In order to ensure that each aspect of the implementation process is adequately addressed. A methodology of this nature is invaluable simply because it embraces an exhaustive examination of various interdepartmental issues such as best practices, policies, and procedures, each of which must necessarily be evaluated and considered prior to Implementation. Moreover,this approach ensures that modular specific skills are mastered prior to each subsequent phase. Not to be overlooked, a phased approach is markedly advantageous from the end-user perspective by controlling the introduction of new concepts and feature sets. As such,application users are able to master mission-critical skills in a logical,coherent,and orderly fashion. The ramifications of this implementation convention are far-reaching and include:enhanced knowledge transfer,maximum skill comprehension,and maximum skill retention. • EnerGov employs strict operating procedures throughout each phase of the deployment Iifecycle while utilizing a well-defined sequence of tasks&milestones to ensure all project objectives,mandates,and goals are achieved. A sequential overview/narrative of critical milestones is provided below. Phase is Assess&Analyze ✓ Finalize the project approach,scope,and primary objectives ✓ Define strategies for vision,delivery,business process analysis,organizational structure ✓ Change management,roles&responsibilities,and operating&technology infrastructure ✓ Finalize project team,define agency involvement and confirm project strategies/objectives ♦Business •Project discovery calls/Sales hand-off •Onsite kickoff meeting •Identify and assign project resources/team •Conduct orientation for project stakeholders •Discovery of agency's processes •Discovery of unique business workflows •Define preliminary functional requirements •Finalize the Implementation/Deployment strategy •Finalize Training Requirements •Identify unique project risks ♦Technical •Identify&confirm appropriate system architecture •Identify&confirm hardware availability •Identify&confirm sources and current state of GIS/parcels/property data •Identify&confirm IT project resources&requirements Phase 2: Define&Confirm • I I eC'rtyGov Alliance i • RFP#09-003 ✓ Business comprehension and documentation of the current client processes and workflow ✓ Translation&confirmation of all EnerGov functional and system configuration requirements ✓ Completion of the EnerGov Project Definition documentation(PDD) ✓ EnerGov NET system installation&configuration on agency network ♦Business •Analyze business requirements as it relates to the EnerGov functionality •Design project Implementation architecture •Define user roles,responsibilities and user/roles business requirements •Uncover and address potential risks in the project configuration •Identify any new processes to be implemented as a benefit to automation •Finalize behavioral details of specific EnerGov features and functions to be implemented •Document findings and approval of the Project Definition Document(PDD) Technical e In c/w the Business Definition,determine the necessary system source(s), data,transfer frequencies,and transfer schedule to be included in integration as it relates to GIS,online services and mobile solutions. o Collect data files(and any available data diagrams)needed for data importation;create/analyze data mapping to support business goals •Determine integration strategy with EnerGov Data Services/EnerGov Development/Project Team •Finalize technical deployment plan;system software installation Phase 3: System Setup&Confieuration ✓ Distribution and application of the requirements developed during the"Define"phase to project team to produce a fully configured£nerGov.NET Land Management system ✓ Configuration of all business/systems requirements defined in the Project Definition document ✓ Importation and integration of all data mapped/defined in the Project Definition documents and conduct initial testing of imported data ✓ 'Configuration of user roles,rights,security defined in the Project Definition document ♦Business a Complete functional software configuration based on business rules -Test functional configurations •Prepare application test plan •Initial onsite configuration system review with client project team ♦Technical •Complete data integration •Test/verify/validate custom code/scripts/services •Property/Parcel data load(if not utilizing An:SDE direct) •GIS Integration •Mobile solutions testing •Citizen Access/IIS testing •Test data validity(with key users) Phase 4: AcceMnce Testine/Trainine ✓ Verification/validation of system configuration,performance,stability,and accuracy ✓ Complete training for key users and administrators prior to production(UAT) ✓ Refine business rules/configuration as needed during users acceptance testing ✓ Comprehensive onsite end-user training(following users acceptance) ♦Business Perform user acceptance training o Client user acceptance testing o Refinement of the business rules o Validate data conversions(with client) s eCityGov Alliance RFP#09-003 •Finalize any needed user configurations •Final onsite stakeholder reviews and sign-offs • Comprehensive End-User Training •Training kick-off events(Training Manger) •Administrative Training •Specialized Training(i.e.EnerGov GISTools) •Clerical Training •Classroom Training •Hands-on Training •Field(Mobile)user Training ♦Technical •Complete Install of all EnerGov system components on agency network •install MobileGov on laptops and test connectivity •Configure Citizen Access web portal/I IS and test •Configure EnerGov lVR Automation for deployment •Test end to end processes •Re-configure as needed Phase 5: Transition and Go-Live ✓ ialized hands-on/go-live training with end users within a"live and/or parallel"environment ✓ Promote system to production and complete all project closeout activities ✓ Ensure a smooth transition from the implementation project team to client administration team ♦Activities •Onsite go-live training within parallel environment •Promote to production/Go-LIve o Maximize knowledge transfer •Handoff to EnerGov Account Manager •Project Transition ♦Deliverables •System configuration support(as required) •Onsite go-live support •Final version/delivery of all implementation project documents Phase 6• Production Phase ✓ Maintain production of the scalable Land Management system ✓ Assist agency administration in tuning application to meet nascent business protocols ✓ Promote&foster continued acceptance and confidence in the Land Management system ♦Activities •Ongoing account management/technical support •Assistance in future business requirement tuning •Refresher or advanced training services •On-demand custom reporting services ♦Deliverables •System enhancing/support(as required) •User.Training(as requested via web or onsite) •Weekly wellness checks with dedicated account manager *"Please refer to the following Gannt Chart representation of the Project Deployment Timeline;please note that dates provided are necessarily speculative and will be definitively determined upon contract award • ........................................................................................... .....................................-----------....................I-A-1-r,0-0 te 4 . ................................ ............................... ................................. ......................................................................... is It° ............................................................. ............. .................................................... ......... . . ............................................................. ............. —-- ----------------------- ....................... ........... .............................. ........................................................................ ....................... .............................. ................. .................... ............................................. ............. ....................................................................................................................... .............................................. lit . . . . . . . .. . . it 1. CL 404 A 4 I 1J., rull EIS FEE ;E AT R cc E ;E rc r: I 12E ruE.E iE LLj Cc As 1m:&1 n a His I°dt gig-5 IE'f,;F �Nw i gig Oil 6 1� � :� i�� r � I�I ICI I� � �I I_ �I lel �: I it I -. jig A 9 X ........ .. . . .. ....... if gr a J!q ivs 1 Irpil cl,.1 111-pp Pat J A41 :Ali c • aii�i i i�� I ��! �€€€$.. I i i I I i� I I � $I i d$ I I E FS CE -WRIP1 pffK- SOFTWARE SUPPORT AGREEMENT THIS SOFTWARE SUPPORT AGREEMENT 21 All Support Services performed by EnerGov under ("Support Agreement")is made this day of_ this Support Agreement shall be performed by EnerGov . 2008 by and between EnerGov Solutions, LLC a in a professional manner. EnerGov does not warrant that Georgia limited liability company(`EnerGov")and_ the Support Services or EnerGov Software will be ("Customer"). uninterrupted or error free. 2.3 The parties acknowledge and agree that, BACKGROUND notwithstanding anything to the contrary herein contained, EnerGov shall not support or maintain any EnerGov has licensed Customer certain of EnerGov's hardware or any third party software. proprietary software in accordance with that certain Master Customer Agreement dated . 2008 by 3. Support Services. and between EnerGov and Customer (the "Master 3.1 During the term of this Support Agreement, and Customer Agreement'). subject to the terms and conditions of this Support Agreement,EnerGov shall provide the following Support Customer desires to have EnerGov support such Services to the Customer with respect to any EnerGov software and EnerGov desires to support such software Software licensed to the Customer: for Customer under the terms and conditions set forth 3.1.1 Unlimited Phone Supu9rt. The Customer herein. shall have unlimited access to phone support during the hours of operation by calling 1-888-355-1093, or a toll IN CONSIDERATION of the foregoing and the free number in use at the time requesting support. Hours mutual covenants set forth herein, and intending to be of operation are Sam to Spin(EST). legally bound,the parties agree as follows: 3.1.2 Unlimited Email Support The Customer shall have unlimited access to email support by emailing 1. Definitions. The following words shall have the support @energov.corn, or a mutually agreeable following meanings when used in this Support email address designated for support. Email will be Agreement: monitored only during normal hours of operation. • "Error"means a substantial reproducible failure of the 3.1.3 Free Upgmdg. EnerGov shall make available EnerGov Software to conform to the specifications set to the Customer from time to time each Minor and Major forth in the applicable end user Documentation. Release of the EnerGov Software without additional `Error Correction" means either a modification or charge to its customers who have continuously paid for addition to,or deletion from the EnerGov Software that, Software Support since Customer's initial purchase of all when made to EnerGov Software, establishes the EnerGov Software. substantial conformity of such EnerGov Software to the 3.1.4 Remote Support. The Customer is entitled to specifications therefore as set forth in the applicable end dial in support during normal hours of operation. user Documentation,or a procedure or routine that,when EnerGov will often utilize third party software products observed in the regular operation of the EnerGov to dial into a client workstation. Examples of third party Software, eliminates the practical adverse effect of such vendors are PC Anywhere and BLive. The Customer is Error on Customer. not required to purchase any additional software or incur "Major Release" means a revision to the EnerGov any expense to utilize this type of support. Customer Software indicated by a change in the first digit of the agrees to install such third party software furnished by version number. EnerGov as may be necessary to facilitate dial in "Minor Release" means a revision to the EnerGov support. Software indicated by a change in the second digit of the 3.1.5 Offsite Data Storage of Backups. Upon the version number. written election of Customer, EnerGov will provide "Release" means either a Major Release or Minor offsite data storage of backups of Customer's data on Release. EnerGov's ftp servers. Customer agrees to provide "Support Services" shall mean the services described EnerGov with at least ten(10)days prior written notice in Section 3 of this Support Agreement. of its election to use the offsite data storage services of EnerGov. Unless provided otherwise on the Proposal Any capitalized terms not defined in this Support attached hereto: (i)the storage space of the data shall be Agreement shall have the meaning set forth in the Terms limited to no more that 10 megabytes;(ii)stored backup and Conditions of the Master Customer Agreement data will be saved for a period of no more than seven(7) days; and (iii) all data may be removed and deleted by 2. EnerGov's Obligations. EnerGov five (5) days after the termination of this 2.1 In consideration of Customer's performance Support Agreement or the Support Services provided • hereunder, EnerGov shall render the Support Services hereunder. To the extent Customer has elected to use the pursuant to Section 3. i • off'site data storage services of EnerGov pursuant to this 5. Term of Support Agreement. This Support Support Agreement, EnerGov agrees to promptly make Agreement shall become effective upon its execution and such data available to Customer upon request as needed continue for a one (1) year term (the "Initial Term"), from time to time (for example, in case of disaster unless terminated earlier as provided for herein. recovery). Thereafter,it shall continue on a year-to-year basis,until 3.2 Response Time. EnerGov shall be responsible for terminated by either party thirty (30) days prior to the the handling of all support issues, whether written or anniversary date of this Support Agreement or any oral. All support issues are entered into the EnerGov renewal term. Notwithstanding the foregoing, (i) the tracking database and will be handled as efficiently as Customer may terminate the Support Services at any possible. Support issues that indicate an Error will be time by providing EnerGov with written thirty(30)days given higher priority and will be handled prior to non- notice; and (ii) EnerGov may terminate this Support critical issues. EnerGov does not guarantee a resolution Agreement in the event the Customer fails to timely pay time beyond the fact that it will work diligently to any amounts due pursuant to this Support Agreement and resolve all customer issues and concerns as quickly as such failure is not cured within fifteen(15)calendar days possible. after written notice of such failure is provided to the 3.3 Notwithstanding any other provisions in this Customer. Support Agreement, EnerGov shall provide Support Services only with respect to the two (2) most recent 6. Fees for Support Services_ Customer shall pay to Major Releases of any EnerGov Software. EnerGov the fees for the Support Services ("Support 3.4 Title to all Releases, Error Corrections, fuses, Fees-)in the amounts set forth on the Proposal attached enhancements, and other Proprietary Information shall hereto. The initial Support Fees are due upon remain solely and exclusively with EnerGov and shall be completion of the Installation of the EnerGov Software. subject to the Terms and Conditions of the Master Thereafter, all Support Fees are payable ten (10) days Customer Agreement governing the license for the before each successive quarterly period (i.e., 10 days EnerGov Software supported hereunder. before January, April, July and October, as applicable). After the Initial Term,EnerGov may modify from time 4. Out of Scope Problems. to time the amount of the fees charged for the Support 4.1 This Support Agreement only covers the Support Services by providing Customer with written sixty (60) • Services described in Section 3. Without limiting the days notice. In the event that the Customer purchases foregoing, the following items are not covered by this additional licenses of any additional EnerGov Software, Support Agreement: the parties agree to either amend this Support Agreement (A) Errors resulting from breach of the software to add the additional Support Fees related to such license, misuse, negligence, revision, modification, or additional EnerGov Software or execute a new Support other improper use by Customer or any other person or Agreement with respect to such additional EnerGov entity of the EnerGov Software or any portion thereof; Software. All sums payable to EnerGov pursuant to this (B) Failure by Customer to timely install Error Support Agreement which are past due shall accrue Corrections or Releases provided to Customer by interest at the rate of 1.5%per month or the highest legal EnerGov from time to time; rate allowed whichever is less, commencing with the (C) EnerGov Software installed on any equipment date on which the payment was due. other than the Designated System or used with any software not specified in the applicable end user 7. Confidentiality. Proprietary Information provided by Documentation; either party to the other under this Support Agreement (D)Errors or other problems caused by viruses; shall be kept confidential in accordance with the terms of (E)Any network failures or problems including,but Section 8 of the Master Customer Agreement. not limited to, cabling, communication lines, routers, connectors,and network software;or 8. Limitation of Liability and Disclaimer of (F) On-site service visits to Customer's offices or Warranty. other facilities. 8.1. In no event shall EnerGov be liable for any 4.2 Any time incurred by EnerGov in diagnosing or special, indirect, .incidental, punitive, or consequential fixing problems that are not caused by the EnerGov damages,including loss of profits arising from or related Software,or are not covered by this Support Agreement, to the breach of this Support Agreement. are billable to the Customer at EnerGov's then-existing 8.2. NOTWITHSTANDING ANY OTHER rates for such services with a one-hour minimum per PROVISION OF THIS SUPPORT AGREEMENT, IN call. THE EVENT ANY REMEDY FAILS OF ITS 4.3. Any travel and expenses incurred in conjunction ESSENTIAL PURPOSE, ENERGOV'S LIABILITIES with out of scope support shall be billed to Customer at UNDER THIS SUPPORT AGREEMENT, WHETHER EnerGov's actual costs, provided all such travel and UNDER CONTRACT LAW, TORT LAW OR . expenses shall be approved by Customer in advance. OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT 2 i • ACTUALLY RECEIVED BY ENERGOV PURSUANT TO THIS SUPPORT AGREEMENT. 12. Obligations that Survive Termination.The parties 8.3 EXCEPT AS SET FORTH IN SECTION 2.2, recognize and agree that the obligations of the other ENERGOV MAKES NO EXPRESS OR IMPLIED party under Sections 7, 8, 13 and 15 of this Support REPRESENTATIONS OR WARRANTIES WITH Agreement,shall survive the cancellation,termination,or RESPECT TO THE ENERGOV SOFTWARE OR expiration of this Support Agreement. SUPPORT SERVICES OR THEIR CONDITION, MERCHANTABILITY, FITNESS FOR ANY 13. Governing Law. The validity, construction, PARTICULAR PURPOSE OR USE BY CUSTOMER. interpretation, and performance of this Support ENERGOV FURNISHES THE WARRANTIES IN Agreement shall be governed by and construed in SECTION 2.2 IN LIEU OF ALL OTHER accordance with the domestic laws of the State of WARRANTIES, EXPRESSED OR IMPLIED, Georgia except as to its principals of conflicts of laws. INCLUDING THE WARRANTIES OF Each party hereto hereby voluntarily (i) submits to MERCHANTABILITY AND FITNESS FOR A personal, exclusive jurisdiction in the State of Georgia, PARTICULAR PURPOSE. with respect to any suit, action or proceeding by any 8.4 No action, regardless of form, arising under this person arising from,relating to or in connection with this Support Agreement,may be brought more than one year Support Agreement,(ir)agrees that any such suit,action or after the cause of action has arisen,except that an action proceeding shall be brought in any state court of for nonpayment may be brought within two (2) years competent jurisdiction sitting in Gwinnett County, after the date of the most recent payment. Georgia, or in the United States District Court,Northern District of Georgia, Atlanta Division, (iii) submits to the 9. Assignment.Customer may not assign or transfer its jurisdiction of such courts,and(iv)irrevocably agrees not interests, rights or obligations under this Support to assert any objection as to the venue of any such suit, Agreement whether by written agreement, merger, action or proceeding in the courts described above and any an such action suit or brow in consolidation,operation of law,or otherwise,without the claim that y proceeding brought prior written consent of an authorized executive officer any such court has been brought in an inconvenient forum. of EnerGov. Any attempt to assign this Support Agreement by Customer shall be null and void. 14. Authority. Each party represents and warrants to • the other that it has the right to enter into this Agreement. 10. Amendments. Amendments, modifications, or supplements to this Support Agreement shall be 15. Costs and Attorneys' Fees. In any action, suit, permitted,provided all such changes shall be in writing arbitration, mediation or other similar proceeding brought b an hereto for enforcement hereof or signed b the authorized representatives of both parties, ugh y y party gn y epresentari arisin out of or relating hereto or breach hereof, the and all such changes shall reference this Support g g Agreement and identify the specific articles or sections non-prevailing or unsuccessful party shall promptly pay of this Support Agreement that is amended,modified,or directly, or promptly reimburse the prevailing or supplemented. successful party for all costs and all consultants' and attorneys' fees and expenses, paid or incurred by the 11. Notices. All notices, demands, or other prevailing or successful party in enforcing this Support communications herein provided to be given or that may Agreement, in addition to other such relief as such be given by any party to the other shall be in writing and prevailing or successful party may be entitled. For delivered to such party at the address set forth on the purposes of this Section, the determination of which signature page of this Support Agreement or at such party is to be considered the prevailing or successful other address as such party may hereafter designate to party shall be decided by the court of competent the other party in accordance herewith, which other jurisdiction or independent party (i.e., mediator or address shall not be effective for purposes hereof until arbitrator)that resolves such action, suit,dispute, claim, the receipt of same by such other party as designated or litigation. below. All such notices, demands, or other communications given in accordance herewith shall be lb. Waiver. No waiver of breach or failure to exercise deemed to have been given and received (i)on the date any option, right, or privilege under the terms of this of receipt if delivered by hand; (ii)on the earlier of the Support Agreement on any occasion or occasions shall date of receipt or the date five (5) business days after be construed to be a waiver of the same or any other depositing with the United States Postal Service if option,right or privilege on any other occasion. mailed by United States registered or certified mail, return receipt requested, first class postage paid and 17. Severabiiity.If any of the provisions of this Support properly addressed;or(iii)on the next business day after Agreement shall be invalid or unenforceable under the depositing with a national overnight courier service if laws of the jurisdiction where enforcement is sought, • sent by national overnight courier service, priority such invalidity or unenforceability shall not invalidate or delivery,properly addressed. render unenforceable the entire Support Agreement but 3 rather the entire Support Agreement shall be construed as signature shall suffice to bind the party transmitting same • if not containing the particular invalid or unenforceable to this Support Agreement in the same manner as if an provision or provisions and the rights and obligations of original signature had been delivered.'Without limitation EnerGov and Customer shall be construed and enforced of the foregoing,each party who electronically transmits accordingly. an executed copy of this Support Agreement via facsimile or email bearing its signature covenants to 18. Counterparts. This Support Agreement may be deliver the original thereof to the other party as soon as executed simultaneously in two(2)or more counterparts, possible thereafter. each of which will be considered an original,but all of which together will constitute one and the same 20. Entire Agreement.This Support Agreement and the instrument Master Customer Agreement constitute the entire agreement between the parties hereto and replaces and 19. Delivery of Electronic Copy of Executed supersedes all prior agreements,written and oral,relating Agreement. The parties agree that electronic to the subject matter hereof between the parties to this transmission via facsimile or email to the other party of a Support Agreement. copy of this Support Agreement bearing such party's IN WITNESS WHEREOF,the parties have executed this Support Agreement under sea]as of the day and year fast written above. CUSTOMER: ENERGOV SOLUTIONS,LLC By: BY Title- Title: Address: Address: • 2160 Satellite Blvd,Suite 300 Duluth,Georgia 30097 i • 4 • CERTIFIED Partner Other Requirements Energizing Local Government Operations {i Confidential Information-Do Not Distribute 0 2009 Enercov sokudons,LLC E i � i EQUAL OPPORTUNITY REQUIREMENTS General Instructions: The requirements below for the City of Bellevue shall apply for the Alliance and the Participating Cities. Apolications: The following materials pertain to the Equal Opportunity Requirements of the City of Bellevue as set forth in Chapter 4.28.143 of the Bellevue City Code. All contractors, subcontractors, consultants,vendors and suppliers who contract with the City in a total amount of thirty-five thousand or more within any given year must comply with these requirements. Affidavit: Before being considered for a contract of the magnitude listed above, all contractors will be required to submit the "Affidavit of Equal Opportunity Compliance" as part of their proposal/qualifications or upon the request of the Purchasing Manager. Compliance: The City of Bellevue reserves the right to randomly select contractors, subcontractors, consultants, vendors or suppliers to be audited for compliance of the requirements listed. During this audit, the contractors, etc. will be asked for a specific demonstration,of compliance with the requirements. Noncompliance: A finding of a noncompliance may be considered a breach of contract and suspension or termination of the contract may follow. City contact: The City's Compliance Officer is the Purchasing Manager,and specific questions pertaining to this section may be directed to the Purchasing Division at(425)452-7246. Bellevue City Code Excerpt Section 4.28.143 of the Bellevue City Code establishes the requirements for all contractual service providers: "All contractors, subcontractors, consultants, vendors and suppliers who contract with the City of Bellevue in a total amount of thirty-five thousand or more within any given year are required to take affirmative action and comply with the following requirements of this section. There shall be included in any contract between such contractual services provider and the City of Bellevue the following provisions: 1. Contractor shall make specific and constant recruitment efforts with minority and women's organizations, schools, and training institutions. This shall be done by notifying relevant minority and women's organizations. 2. Contractor shall seek out eligible minority and women contractors to receive subcontract awards. Appropriate minority and women contractors shall be notified in writing of any bids advertised for subcontract work. • 3. Contractor shall provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer and the steps taken to equal treatment of all persons. 4. Contractor shall actively consider for promotion and advancement available minorities and women. 5. Contractor is encouraged to make specific efforts to encourage present minority and women employees to help recruit qualified members of protected groups. 6. Contractor is encouraged to provide traditional and nontraditional employment opportunities to female and minority youth through after school and summer employment. 7. Contractor is encouraged to assist in developing the skills of minorities and women by providing or sponsoring training programs. Wilfful disregard of the City's nondiscrimination and affirmative action requirements shall be considered breach of contract and suspension or termination of all or part of the contract may follow. All contractors,subcontractors,consultants,vendors or suppliers of the City required to take affirmative action must sign the affidavit of compliance and submit with the bid proposal or upon the request of the Purchasing Manager. All documents related to compliance steps listed above shall be presented upon the request of the Purchasing Manager. The Purchasing Manager shall serve as the compliance officer for the city and is authorized to develop and issue procedures for the administration of this section." Interpretations In order to more readily determine compliance with BCC 4.28.143, the following interpretations are provided: Requirement 1. When a contractor needs to recruit, they must notify minority and women's organizations, schools and training institutions. Such "notification" can be in the form of an advertisement in newspapers or trade journals of general circulation in the metropolitan Seattle area. When the contractor hires through a union hiring hall, the contractor must be able to provide confirmation,upon request by the City,that the hiring hall has an equal opportunity policy. Requirement 2. When a contractor intends to subcontract out any work they shall notify minority and women contractors for the subcontract work. The requirements to notify minority and women contractors of any bids can be satisfied by advertising in newspapers or trade journals that are of general circulation in the metropolitan Seattle area. Requirement 3. If and when a contractor hires new employees or contracts with subcontractors, the contractor must alert such employees and subcontractors to the contractor's commitment as an equal opportunity employer, etc. This requirement may be complied with by posting a notice of equal opportunity commitment at the job shack,or by the time clock. to Requirement 4. If and when a contractor promotes or advances employees, the contractor must consider all eligible employees. The City of Bellevue reserves the right to audit all contractors for compliance with the requirements set forth in BCC 4.28.143. AFFIDAVIT OF EQUAL OPPORTUNITY COMPLIANCE EnerGov Solutions certifies that: Respondent 1. If necessary to recruit additional employees,it has: a. Notified relevant minority and women's organizations,or b. Hired through a union hall with an equal opportunity policy. 2. It intends to use the following listed construction trades in the work under the contract: N/A 3. In sourcing subcontract work for trades listed above, it has notified in writing appropriate minority and women contractors of bids for subcontract work. 4. It will obtain from its subcontractors and submit upon request,an Affidavit of Equal Opportunity II Compliance as required by these bid documents. 5. It has provided a written statement to all new employees or subcontractors indicating its commitment as an equal opportunity employer. 6. It has considered all eligible employees for promotion or advancement when promotion or advancement opportunities have existed. • By: (authorized signature) Title: Ryan Hountz November 13,2009 Date: IIII i i I r Clientf.12 ACORD. CERTIFICATE OF LIABILITY INSURANCE 101;4°;` • PRODUCER THIS CERTIFICATE IS ISSUED AS A!NATTER OF INFORMATION BBB.T-Sidney O.Smith ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 200 Broad Street(30501) ALTER THE 1SCOVERAGE AFFORDED BYTHE POLICIES BELOW. PO Box 1357 Cainssvlll%GA 30503 INSURERS AFFORDING COVERAGE NAIC 9 IrEeIRE� INmRERA: Hartford Underwriters Insurance. .39104 Errergov Solutions LLC IN9Ufi1_RB: Hartford Fire Insurance Can low. . 2180 Satellite Blvd Ste 300 11„81RERt.' Sentinel Insurance Company,Ltd 11000 Duluth,GA 30097 INSURERD: INSURE E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO:TFE NSUR5D NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTwITHSTANowe ANY REcuiREMENr,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAYPERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS MID CXINDR(ONS OF SUCH POLICIES:AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INEK L" TYPE OF 11140AVRCE POLICY NLMBEii UwT8 A (EFSIFRALLIABILITY 26SBAUT91S1 10109109 10109/10 EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑OCCUR - ME DEW W me pwwo W0000 PERSONALS ADV INJURY $1,000,0W GENERAL AGGREGATE GENI AGGREGATE LIMIT APPLESPEP. PRODUCTS-COMPIOPAGG POLICY LOC C AUTOIN081muA9LrrY 2MECNDS315 05!23109 05/23110 COMBINED SINGLE LIMN ANYAUTO (Eaacddwd) $1,000,000 X ALL OWNED AUTOS. SODILYINJURY SCHEDULED AUTOS (Parpem $ HIRED AUTOS BODILYINJURY NON-OWNED AUTOS (Par ecddwd) $ PROPERTY DAMAGE $ (Yer aoddert) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANYAUTO OTHMTHAN. EAACC AUTO ONLY: .AM $ A EXCE09fUMBRIBLIALIAINUITY 208BAUT9181 10/09109 10109110 EACH ocdlaRENCE s ODOUR ❑=04 MADE AGGREGATE RETENTION $ B WowMisc:alePalBATiorianD 20WECRW4854 10109(09 10109M0 x WC.STA OrH• EMPLOYERS'LIABNJTY E.L.EACH ACCIDENT jL008 009 CIFRCEtIMI MSER DECLUDEW7 CuTNE EL OEEASE-EA EMPLO 1- .00 000 $ CAL etNldar EA.DISEASE-FOLICYuma. $1,000,000 LA OTHER Professional 208BAUT9181 10109V09 10109M0 $$000,000 Occurrence. Liability $2,000,000 Aggregate $10,000 Retention OESI`TIONOFOPIRATIONSI LOCATIONS 1VHI ICMI EXCLUSIONS ADDED aYENOORSEIENT 1SPBdILLPROVf CUS CERTIFICATE OLDER CANCELIATION 10 e . . . SHOULD ANY OF THEABOVEOE SCRIBEO POLICIE'8 BE CANCELLED 1EFFORE TIE E11P RATION DATE THEREOF.THE B8UQgWARIERWILLE 1DEAVORTOMALL �'� DAYSWRIT"1 NOTICETOTHE OERMCATE HOLDER NAMED TOTHELEFT,BUT FAILURE 70 OD 80 SHALL IMPOSE NO OBLIGATION OR LIA13=Y OF ANY W ND RIPON THE DORM,ITS AGENTS OR REPRUSENTA AUTKOUZED REP�IiESp9rfTAT1Y5 ACORD 25(2001/08)1 of 2 #S41850411M4030MB MIT a ACORD CORPORATION 1888 • IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the poifcy(ies).must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the gage afforded by the policies listed thereon. • ACORD 25.6(2001!08) 2 of 2 084185041IM4039506 i INSURANCEI REQUIREMENTS The Contractor shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,their agents, representatives, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance,or otherwise limit the Alliance's recourse to any remedy available at law or in equity. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles.Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. if necessary,the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products-completed operations,stop gap liability,personal injury and advertising injury,and liability assumed under an insured contract.The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project • Endorsement ISO form CG 25 031185. There shall be no endorsement or modification of the Commercial General liability insurance for liability arising from explosion,collapse or underground property damage.The Alliance shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the Alliance using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 3710 01 or substitute endorsements providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence,$2,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. 3. Consultant's Errors&Omissions or Professional Liability with limits not less than $1,000,000 per claim and as an annual aggregate. • 'Source: Washington Cities Insurance Authority,Feb.2008 i 1 Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the Alliance. Any Insurance,self-insurance,or insurance pool coverage maintained by the Alliance shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party,except after thirty{30}days prior written notice by certified mail,return receipt requested,has been given to the Alliance. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M.Best rating of not less than ANIL E. Verification of Coverage Contractor shall furnish the Alliance with original certificates and a copy of the amendatory endorsements,including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors • Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor. Upon request the Alliance,the Contractor shall provide evidence of such insurance. • NON-COLLUSION CERTIFICATE STATE OF ) COUNTY Of ) The undersigned,being duly sworn,deposes and says that the person,firm,association, co-partnership or corporation herein named, has not,either directly or indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action in restraint of free competition in the preparation and submission of a proposal to the eCityGov Alliance for consideration in the award of a contract on the improvement described as follows: Regional Permit System FnarGov Solutions S (Name of Firm) By: (Authorized Signature) Title Sworn to before me this day of 2009. i Notary Public CORPORATE SEAL: • A�a�salt° CERTIFIED Partner Alternate Proposal or other. Vendor Information EnerGov Solutions is not submitting an alternate proposal. j. Energizing Local Government Operations Confidential Information -Do Not Distribute 0 2009 Enw0av solutions,LLC Client#: 1214286 128ENERGSOLl ATE ACORa CERTIFICATE OF LIABILITY INSURANCE 13/22/0111 m THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. M12ORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Lisa Mltcheltree BB&T-Sidney O.Smith PHONE 770 536-3311 FAX A/C No Ext: A/C,No): 866-925-7124 200 Broad Street(30501) ADDRESS: PO Box 1357 CUSTOMER ID#: Gainesville,GA 30503 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Energov Solutions LLC INSURER A:Hartford Underwriters Insurance 30104 2160 Satellite Blvd Ste 300 INSURER B:Hartford Fire Insurance Company 19682 INSURER C:Sentinel Insurance Company,Ltd 11000 Duluth,GA 30097 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LT N POLICY NUMBER MM/DD MM/DD A GENERAL LIABILITY X X 20SBAUT9181 10/0912010 10/09/2011 EACH OCCURRENCE $2,000,000 DAMA X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $300,000 CLAIMS-MADE FRI OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 1-7 POLICY PRO- LOC $ AUTOMOBILE LIABILITY 20UECJD1825 10/09/2010 10/09/2011 COMBINED SINGLE LIMIT (Ea accident) $11000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ A UMBRELLA LIAB X OCCUR X X 20SBAUT9181 10/09/2010 10/09/2011 EACH OCCURRENCE s3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s3,000,000 DEDUCTIBLE $ X RETENTION 10000 $ B WORKERS COMPENSATION X 20WECRW4354 0/09/2010 10/09/2011 X I WCSTATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N E.L.EACH ACCIDENT $1,000,000 OFFICEWMEMBER EXCLUDED? �Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liab 20SBAUT9181 0/09/2010 10/09/2011 $1,000,000 Occurrence $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Renton ACCORDANCE WITH THE POLICY PROVISIONS. 1055 S.Grady Way Renton,WA 98057 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S6530917/M6227676 STMC I DESCRIPTIONS (Continued from Page 1) of Renton is additional insured with respects to the General Liability coverage which includes Primary on-Contributory coverage when required by a written contract,Form SS 00 08 04 05 attached.This ertificate replaces previous Certificate of Insurance issued. ICI AMS 25.3(2009109) 2 Of 2 #S6530917/M6227676 Client#: 1214286 128ENERGSOLl ACORN., CERTIFICATE OF LIABILITY INSURANCE DATE D/YYYY) 3/222/202/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. MPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lisa Mitcheltree BB&T-Sidney O.Smith NAME:PHONE 770 536-3311 866-925-7124 200 Broad Street(30501) A/M IL Ell: ac,No): ADDRESS: PO Box 1357 _P VWu%1Ln CUSTOMER ID#: Gainesville,GA 30503 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Hartford Underwriters Insurance 30104 Energov Solutions LLC 2160 Satellite Blvd Ste 300 INSURER B:Hartford Fire Insurance Company 19682 Duluth,GA 30097 INSURER C:Sentinel Insurance Company,Ltd 11000 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS L N POLICY NUMBER MM/DD MM/DD A GENERAL LIABILITY X X 20SBAUT9181 0/09/2010 10/09/2011 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $300,000 CLAIMS-MADE 7 OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 POLICY PRO LOC $ AUTOMOBILE LIABILITY 20UECJD1825 0/09/2010 10/09/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ $ A UMBRELLA LIAB X OCCUR X X 20SBAUT9181 10/09/2010 10/09/2011 EACH OCCURRENCE s3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s3,000,000 DEDUCTIBLE $ X RETENTION 10000 $ B WORKERS COMPENSATION X 20WECRW4354 0/09/2010 10/09/2011 X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY UMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVEY/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,0009000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT $19000,000 A Professional Liab 20SBAUT9181 [`0/09/2010 10/09/2011 $1,000,000 Occurrence $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space is required) (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Renton ACCORDANCE WITH THE POLICY PROVISIONS. 1055 S.Grady Way Renton,WA 98057 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S6530917/M6227676 STMC DESCRIPTIONS (Continued from Page 1) ty of Renton is additional insured with respects to the General Liability coverage which includes Primary on-Contributory coverage when required by a written contract,Form SS 00 08 04 05 attached.This ertificate replaces previous Certificate of Insurance issued. AMS 25.3(2009/09) 2 of 2 #S6530917/M6227676 • BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 0 2005,The Hartford QUICK REFERENCE • BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension -Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 • 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 • Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us"and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. -Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL occurrence that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period;and becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury", listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" • defend the insured against any "suit" or claim, knew that the "bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance;and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1.of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an "occurrence"or claim: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage"only if: injury" or "property damage" to us or • any other insurer; Form SS 00 08 04 05 Page 1 of 24 0 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the • injury"or"property damage';or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or P aramedic shall be deemed to be caused by an against an insured we defend.. "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services;and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury" applies. We business or occupation of providing do not have to furnish these bonds. such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond • limits of,insurance for incidental medical amounts within the applicable limit of malpractice, any act or omission insurance. We do not have to furnish together with all related acts or these bonds. omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for ."bodily injury" caused by an the "suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any. (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident;and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM v conditions b. If we defend an insured against a suit So long as the above are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph(6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: • and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the standpoint of the insured. This (i) Cooperate with us in the exclusion does not apply to "bodily investigation, settlement or injury" or "property damage" resulting defense of the "suit"; from the use of reasonable force to (ii) Immediately send us copies of - protect persons or property;or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the "suit"; acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability (iv)Cooperate with us with 1 "Bodily injury" " a";or respect to coordinating other ( ) y in l ry or"property rtY dama g applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury", "property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such "suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or li • provided the "bodily injury" or sister of that "employee" as a "properly damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (1) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage" or personal and advertising injury (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that parry against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any c. Liquor Liability time owned or occupied by, or rented or loaned to any insured. • "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the business of manufacturing, distributing, (ii) Bodily injury or "property selling, serving or furnishing alcoholic damage for which you may be 9 9 9 beverages. held liable, if you are a contractor and the owner r or d. Workers' Compensation And Similar lessee of such remis p es, site o r Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers, compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury"to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (iii) "Bodily injury" or "property i damage" arising out of heat, II O Any insured;or (ii smoke or fumes from a) Any person or organization for "hostile fire"; or whom you may be legally (e) At or from any y p remises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or any contractors or subcontractors working directly or indirectly on any insureds behalf are performing working irect) or indirect) on g ' Y operations if the operations are to any insured's behalf are � p test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations • by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand,order or statutory (1) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants";or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in . any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for., a • out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and"loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring,g (1) War, including ndeclared or civil war; employment, training or monitoring of others 9 , "occurrence" 2 Warlike action b a military force by that insured, if the occurrence which O Y rY , caused the "bodily injury" or "property including action in hindering or defending against an actual or damage involved the ownership, g g maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or an insured. 3 Insurrection, rebellion, revolution Y O , usurped , or action taken b Y This exclusion does not apply to: ed ower, P P PP Y (1) A watercraft while ashore on premises g overnmental authority in hindering or defending against any of these. you own or rent; Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: • next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare. or approve maps, shop contract for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; 9 P� , (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired,chartered or loaned treatment, advice or instruction; with a paid crew. However, this exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such "bodily instruction for the purpose of appearance or skin enhancement, hair injury" or "property damage", whether the other insurance is primary, excess, removal or replacement or personal grooming; contingent or on any other basis. h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices; • by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property • of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D.-Limits Of Insurance. piercing); b Tattooing, Paragraph (2) of this exclusion does not ( ) g, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs(3)and(4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs(3)and(4)of this exclusion do Paragraphs(4)and(5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically injured, arising out of: which you or any contractors or subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work"; or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 I BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of • (3) Arising out of a criminal act committed another's name or product in your a-mail address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your advertisement ; person's right of privacy created by any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your advertisement ; such state or federal act; (6) Arising out of the wrong description of (12) Arising out of: the price of goods,products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The'presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit • (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would not have occurred in whole or in (15) Arising out of discrimination or part but for the "asbestos hazard'; humiliation committed by or at the direction of any executive officer„, (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of,.damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, 1 A person arising f any: or neutralizing or in any ( � p g out Y way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or • reassignment, discipline, personal and advertising injury arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act(TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury”to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices described in Paragraphs(a), (b), or(c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity;tY; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses • Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 I BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to • a. Any Insured their duties as trustees. To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your executive officers (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these employees or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph(1)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay. their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or (b)above;or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. • Your stockholders are also insureds,but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 i 1 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: • control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment An person (other than our"employee" or With respect to "mobile equipment' registered in YP Y "volunteer worker"), or an organization your name under an motor vehicle registration Y 9 Y 9 while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any.person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, rented to in the charge of or occupied other than a partnership, joint venture or g o cup ed by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 1 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or • subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that f Demonstration installation period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendors premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued Products roducts which, after distribution by us and m ale a part •f this Coverage dart, or sale b Y you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part • provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized b Yyou; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions • insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. " roe damage" or "personal and P P rtY 9 P d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or • only with respect to acts or omissions of those actin o liability for "bodily our behalf: g injury", property damage on or personal Y and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on b your behalf: ( ) In connection with your premises owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the • drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises • maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the • Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or 9 9 bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply T Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in • whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or • applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed art of the last preceding period for purposes p P g� P � d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation,ation or incur an expense, other I � Y Pe 1. Bankruptcy than for first aid,without our consent. p Y Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance- available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the . You or any additional insured must see to other insurer for defense and indemnity. it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took P lace f. Knowledge Of An Occurrence Offense (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and 2 Notify us as soon as practicable. (4) Any "executive officer" or insurance ( ) y p manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or • c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. • 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure: the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a parry or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: . all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you or temporarily occupied by you with settlement means a settlement and release of liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned in this policy to the first Named Insured, this w you or temporarily occupied by you with permission of the owner; insurance applies: a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit" is brought. the extent not subject to Exclusion g. of Coverages.--Sectto n A.—Co 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not • (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of • Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution b equal shares, we will rY Y 4 • insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary. And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and (b)do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or art of an payment, defend the insured against any"suit" if any g p Y P Y including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against • so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured-Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations;or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following b. With respect to the insurance afforded to additional exclusions apply: these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C. is • amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) Bodily injury", property damage or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (2) "Bodily injury" or "property damage" (g) Products which, after distribution or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor;or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in • business and only if this Coverage Part Subparagraphs(d)or(f); or provides coverage for bodily injury or (ii) Such inspections, property damage included within the "products-completed operations hazard". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions: make or normally undertakes to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you;or substitution of parts under b. Premises they own, maintain or control • instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C.is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured—Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional ( insured(s);or 5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: products-completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds this insurance products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or . surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders,change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. • premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America(including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; • and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a.above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means: (1) Goods or products made or sold by you in the territory described in a.above; a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business;or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license suit on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; • 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which you assume the tort liability of another are used with electronically controlled Y Y equipment. party to pay for "bodily injury" or "property 8. "Employee" includes a "leased worker". damage" to a third person or organization, "Employee" does not include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or in part, by you or by those acting on your behalf. 9. "Executive officer means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, • a. It incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient,inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills;or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm, to perform duties related to the conduct of will be considered "autos": your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds • include a"temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft,watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers;and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; . d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but • occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage" arising out of: privacy; 1 The transportation of property, f. Copying, in our "advertisement", a O P P P rty, unless Y the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea" or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright, slogan,or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the P leted 19. "Products-completed operations hazard"; physical injury that caused it; or • P a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or"your work"except: "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit" includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: • a. Is not your"employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of"your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use • of"your product"; and • Page 24 of 24 Form SS 00 08 04 05 ti • Exhibit G SOURCE CODE ESCROW AGREEMENT THREE-PARTY ESCROW AGREEMENT This Technology Escrow Agreement ("Agreement") among Escrow Associates, LLC ("Escrow Associates"), City of Renton ("Beneficiary") and EnerGov Solutions, LLC ("Depositor") is effective on this day of (the "Effective Date"). Recitals Whereas Depositor licenses technology to Beneficiary in the form of software object , p 9Y Y J code (the "Software") pursuant to a Master Computer Software License Agreement ("License Agreement"). The source code is defined as the Software in source code form, including all relevant documentation and instructions necessary to maintain, duplicate, and compile the source code (the "Source Code"). The Source Code is necessary to maintain and support the Software as defined in the License Agreement. The Source Code and any other components Depositor provides which are related to building and maintaining the Software identified on Attachment B (as the same may be modified herein) are hereafter referred to collectively as the deposit materials ("Deposit Materials"). Whereas, the purpose of this Agreement is to protect Depositor's ownership and confidentiality of the Deposit Materials and to protect Beneficiary's legitimate use of the Deposit Materials as defined by the License Agreement. Further, this Agreement is intended to provide for certain circumstances under which Beneficiary shall be entitled to receive the Deposit Materials held in escrow by Escrow Associates to continue its legitimate use and support of the Software. Whereas, Beneficiary and Depositor hereby designate and appoint Escrow Associates as the escrow agent under this Agreement. Escrow Associates hereby accepts such designation and appointment and agrees to carry out the duties of escrow agent pursuant to the terms and provisions of this Agreement. Escrow Associates is not a party to, and is not bound by, any agreement that might be evidenced by, or might arise out of, any prior or contemporaneous dealings between Depositor and Beneficiary other than as expressly set forth herein. NOW, THEREFORE, for and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, covenant and agree as follows: • G-1 Exhibit G 1. Deposit Materials • (a) Initial Deposit - Depositor shall submit the initial Deposit Materials to Escrow Associates within sixty (60) days of the Effective Date or sixty (60) days after development of the Deposit Materials is completed. Depositor shall complete and deliver with all Deposit Materials a form as shown herein as Attachment B, which shall then become part of this Agreement. Escrow Associates shall notify Beneficiary within ten (10) business days of receipt of the initial Deposit Materials. Escrow Associates has no obligation with respect to the initial Deposit Materials for delivery, functionality, completeness, performance or initial quality. (b) Deposit Material Updates - Depositor shall submit updates to the initial Deposit Materials to Escrow Associates within sixty (60) days of any material modification, upgrade or new release of the Software. Depositor shall complete and deliver with all updates to the Deposit Materials an amended Attachment B form, which shall additionally become part of this Agreement. Escrow Associates shall notify Beneficiary within ten (10) business days of receipt of updates to the Deposit Materials. Escrow Associates has no obligation with respect to the updates to the Deposit Materials for delivery, functionality, completeness, performance or initial quality. (c) Electronic Deposit— In the event Depositor elects to utilize electronic means to transfer the Deposit Materials to Escrow Associates, whether through a service provided by Escrow Associates or other means, Escrow Associates shall not be liable for transmissions that fail in part or in whole, are lost, or are otherwise • compromised during transmission. Furthermore, Escrow Associates shall not be liable for any subsequent services that may or may not be delivered as a result of a failed transfer. Escrow Associates shall not be liable to Depositor or Beneficiary for any encrypted update, or any part thereof, that is transmitted over the Internet to Escrow Associates' FTP Site but is not received in whole or in part, or for which no notification of receipt is given. (d) Duplication of Deposit Materials - Escrow Associates may duplicate the Deposit Materials only as necessary to comply with the terms of this Agreement. Escrow Associates at its sole discretion may retain a third party for the purpose of duplicating the Deposit Materials only as necessary to comply with the terms herein. All duplication expenses shall be borne by the party requesting duplication. (e) Deposit Material Verification - Escrow Associates may be retained by separate agreement or by alternative means, to conduct a test of the Deposit Materials to determine the completeness and accuracy of the Deposit Materials. Escrow Associates shall not be.liable for any actions taken on the part of any third party with regards to the Deposit Materials. 2. Term (a) Term of Agreement —The term of this Agreement shall be for a period of one (1) year from the Effective Date. At the end of the initial and each subsequent term, this Agreement shall automatically renew for an additional one (1) year term unless terminated according to the terms herein. • G-2 Exhibit G (b) Termination of Agreement—This Agreement may be terminated by written mutual • consent of Depositor and Beneficiary provided that one of the following occurs: i. The License Agreement has been terminated or has expired, or ii. All Deposit Materials have been released in accordance with the terms hereof. (c) Termination for Non-Payment — In the event that full payment of any or all fees due to Escrow Associates under this Agreement have not been received by Escrow Associates within thirty (30) days of the date payment is due, Escrow Associates will notify all parties hereto of the delinquent fees. If the delinquent fees are not received within thirty (30) days of the delinquency notification, Escrow Associates shall have the right to terminate this Agreement and destroy the Deposit Materials. (d) Return of Deposit Materials — Upon termination of this Agreement for any reason other than in the event all Deposit Materials have been released in accordance with the terms of Section 6 herein, Escrow Associates shall return the Deposit Materials to Depositor via commercial courier to the address of Depositor shown in this Agreement, provided that all fees due Escrow Associates are paid in full. If two (2) attempts to return Deposit Materials via commercial courier to Depositor fail or Depositor does not accept the Deposit Materials, Escrow Associates shall destroy the Deposit Materials. 3. Fees (a) Payment - Upon receipt of signed Agreement or initial Deposit Materials, • whichever comes first, Escrow Associates will submit an initial invoice to Beneficiary and Depositor for amount shown on Exhibit A - Schedule 1 attached hereto. If payment is not received, Escrow Associates shall have no obligation to perform its duties under this Agreement. Beneficiary and Depositor agree to pay to Escrow Associates all additional fees for services rendered related to this Agreement as shown on Exhibit A - Schedule 1. The fee for any service that is not expressly covered in Exhibit A - Schedule 1 shall be established by Escrow Associates upon request. All fees are due in advance of service and are non-refundable. Escrow Associates may amend their pricing as shown in Exhibit A - Schedule 1 at any time upon sixty (60) days'written notice to Beneficiary and Depositor. (b) Currency - All fees are in U.S. dollars and payment must be rendered in U.S. dollars unless otherwise agreed to in advance by Escrow Associates. - 4. Indemnification - With the exception of gross negligence, willful misconduct or intentional misrepresentation by or on behalf of Escrow Associates, Depositor and Beneficiary shall, jointly and severally, indemnify and hold harmless Escrow Associates and each of its directors, officers, agents, employees, members and stockholders n n ( Escrow Associates Indemnitees ) absolutely and forever, from and against any and all claims, actions, damages, suits, liabilities, obligations, costs, fees, charges, and any other expenses whatsoever, including reasonable attorneys' fees and costs, that may be asserted against any Escrow Associates Indemnitee in connection with this Agreement or the performance of Escrow Associates or any Escrow Associates Indemnitee hereunder. • G-3 Exhibit G • 5. Depositor's Representations and Warranties (a) The Deposit Materials as delivered to Escrow Associates are a copy of Depositor's proprietary information corresponding to that described in Escrow Agreement - Attachment B (attached) and are capable of being used to generate the Software. Depositor shall update the Deposit Materials as provided for in the License Agreement and/ or as provided for herein. The Deposit Materials shall contain all information necessary to enable a reasonably skilled programmer or analyst to understand, maintain and correct the Deposit Materials. (b) Depositor owns the Deposit Materials and all intellectual property rights therein free and clear of any liens, security interests, or other encumbrances. 6. Release of Deposit Materials (a) Release - The Deposit Materials, including any copies thereof, will be released to Beneficiary after the receipt of the written request for release only in the event that the release procedure set forth in Section 6 is followed and: i. Depositor notifies Escrow Associates in writing to effect such release; or ii. Beneficiary makes written request to Escrow Associates; and a. Beneficiary asserts that Depositor has failed in a material respect under the License Agreement; or b. Beneficiary asserts that Depositor has ceased all business operations without a successor or assign; or . c. Beneficiary asserts that Depositor has filed for bankruptcy protection; and Beneficiary includes a written statement that the Deposit Materials will be used in accordance with the terms of the License Agreement; and Beneficiary includes specific instructions for the delivery of the Deposit Materials. (b) Depositor Request for Release - If the provisions of Section 6(a)(i) are met, Escrow Associates will release the Deposit Materials to Beneficiary within ten (10) business days. (c) Beneficiary Request for Release - If the provisions of Section 6(a)(ii) are met, Escrow Associates will within ten (10) business days forward a complete copy of the request to Depositor. Depositor shall have thirty (30) days to make any and all objections to the release known to Escrow Associates in writing. If after thirty (30) days Escrow Associates has not received any written objection from Depositor, Escrow Associates shall release the Deposit Materials to Beneficiary as instructed by Beneficiary. (d) Depositor Objection to Release - Should Depositor object to the request for release by Beneficiary in writing, Escrow Associates shall notify Beneficiary in writing within ten (10) business days of Escrow Associates receipt of said objection and shall notify both parties that there is a dispute to be resolved pursuant to Section 7 (Arbitration) of this Agreement. Escrow Associates will continue to hold the Deposit Materials without release pending (i) joint instructions from Depositor and Beneficiary; (ii) dispute resolution according to Section 7 (Arbitration); or (iii) order • from a court of competent jurisdiction. G-4 Exhibit G • (e) Grant of License to Deposit Materials — As of the Effective Date, Depositor hereby grants to Beneficiary, a non-exclusive, worldwide, perpetual, paid in full license, to install, use, copy, publicly perform and digitally perform, modify and create derivative works from the Deposit Materials delivered by Escrow Associates under this Section, for the sole purpose of continuing the benefits afforded to Beneficiary under this Agreement, including the development of patches and upgrades solely for Beneficiary's internal use. (f) Restrictions on Use — The following restrictions shall apply to Deposit Materials delivered to Beneficiary: (i) Beneficiary shall not copy the Deposit Materials other than as necessary for installation on Beneficiary's equipment and for backup copies on Beneficiary's equipment, (ii) Beneficiary will keep the Deposit Materials in a secure, safe place when not in use, (iii) Beneficiary agrees to use the Deposit Materials under carefully controlled conditions in accordance with, and for the purposes of, this Agreement, (iv) Beneficiary shall be obligated to maintain the confidentiality f the released Deposit Materials in accordance with Section 8, and (v) Y P Beneficiary agrees to treat, handle, and store the Deposit Materials in the same manner and with the same care as it treats its most sensitive and valuable trade secrets. 7. Arbitration - Except as expressly provided for herein, any dispute or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled in Washington State by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Emergency Interim Relief . Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Depositor and Beneficiary jointly agree to reimburse Escrow Associates for any and all costs incurred as a result of any Arbitration including attorney's fees. The arbitrator(s) shall award attorneys' fees and costs to the prevailing party. 8. Confidentiality — Except as otherwise required to carry out its duties under this Agreement, Escrow Associates shall hold in strictest confidence and not permit any third party access to nor otherwise use, disclose, transfer or make available the Deposit Materials except as otherwise provided herein, unless consented to in writing by Depositor. 9. Limitation of Liability - Under no circumstance shall Escrow Associates be liable for any special, incidental, or consequential damages (including lost profits) arising out of this Agreement even if Escrow Associates has been apprised of the possibility of such damages. In performing any of its duties hereunder, Escrow Associates shall not incur any liability to any party for any damages, losses, or expenses, except for willful misconduct or gross negligence on the part of Escrow Associates, and it shall not incur any liability with respect to any action taken or omitted in reliance upon any written notice, request, waiver, consent, receipt or other document which Escrow Associates in reasonably good faith believes to be genuine. 10. Notices — Notices shall be deemed received on the third business day after being sent by first class mail, or on the following day if sent by commercial express mail. All notices under this Agreement shall be in writing and addressed and sent to the person(s) . listed in the space provided below: G-5 Exhibit G • Depositor Contact: Mark Beverly Title: Executive Vice President Address: 2160 Satellite Blvd., Suite 300 City, State, Zip: Duluth, Georgia 30097 Telephone: 888-355-1093 Fax: 678-474-1002 Email: mbeverly @energov.com Beneficiary Company: City of Renton Contact: David Lemenager Title: Business Systems Analyst Address: 1055 S Grady Wy#110 City, State, Zip: Renton, WA 98057 Telephone: 425.430.6882 Fax: 425.430.6893 Email: deemenager @rentonwa.gov Billing Contact: Same as Above—City of Renton Escrow Associates, LLC Attn: Contracts Administration 8302 Dunwoody Place, Suite 150 Atlanta, GA 30350 USA Telephone: 800-813-3523 • Fax: 770-518-2452 Email: info @escrowassociates.com 11. Miscellaneous (a) Counterparts - This Agreement may be executed in any number of multiple counterparts, each of which is to be deemed an original, and all of such counterparts together shall constitute one and the same instrument. (b) Entire Agreement - This Agreement supersedes all prior and contemporaneous letters, correspondences, discussions and agreements among the parties with respect to all matters contained herein, and it constitutes the sole and entire agreement among them with respect thereto. (c) Limitation of Effect - This Agreement pertains strictly to the escrow services provided for herein and does not modify, amend or affect any other contract or agreement of one or more of the parties. The terms and provisions of the License Agreement, as the same may be modified by the terms and provisions hereof, shall continue in full force and effect and be binding upon and inure to the benefit of the parties hereto, their legal representatives, successors and assigns. (d) Modification -This Agreement shall not be altered or modified without the express written consent of all parties. G-6 Exhibit G (e) Bankruptcy Code - This Agreement shall be considered an agreement supplementary (together with any modification, supplement, or replacement thereof agreed to by the parties) to the License Agreement pursuant to Title 11 United States Bankruptcy Code Section 365(n). (f) Survival of Terms - All obligations of the parties intended to survive the termination of this Agreement, including without limitation, are the provisions of Sections 2 (Term), 3 (Fees), 4 (Indemnification), 7 (Arbitration), 9 (Limitation of Liability), and 11 (Miscellaneous) which shall survive the termination of this Agreement for any reason. (g) Governing Law - This Agreement shall be governed by the laws of the State of Washington. (h) Time of the Essence -Time is of the essence in this Agreement. (i) Successors and Assigns - This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties, provided, however, that Beneficiary hall have no right to assign an rights hereunder or with respect to the Y 9 9 Y 9 P Deposit Materials except as permitted with respect to assignment of Beneficiary's rights under the License Agreement. (Signatures are on following page. Remainder of the page intentionally left blank.) • G-7 Exhibit G • IN WITNESS WHEREOF, the parties have executed this Agreement by and through their duly authorized agents as of the Effective Date. EnerGov Solutions, LLC Signature: Name: C, '7 Z— Title: D�yRC J-o k-cs5 Company: '!&nLJ 1--,b gaz Date: 4 .l 1 12C)�1 Contract Negotiated by: y k L C � Negotiator Telephone: 4-6 City of Rento • Signature: D&t'rz�:- Air Name: Denis Law, Mayor Attest: onnie . Walton, City Clerk Company: City of Renton Date: m!?�f Contract Negotiated by: Negotiator Telephone: Escrow Associates, LLC Signature: Name: Title: Date: • G-8 Exhibit G • Escrow Agreement - Attachment B Deposit Materials Please complete Attachment B form and enclose a copy with the Deposit Materials or contact us for details on electronic depositing. Attn: Vault Manager Escrow Associates, LLC 8302 Dunwoody Place, Suite 150 Atlanta,GA 30350 USA 1-800-813-3523 m Company Na :e Escrow Associates Account Number: Product Name&Version: ❑ Three-Party Agreement ❑ New Deposit Account ❑ Two-Party Agreement ❑ Update to existing Deposit Account Please list specific Beneficiaries under a Two-Party Agreement associated with this product/ update or check here to apply to all Beneficiaries: ❑ • Media Description: Quantity Type Description/Label DVD/CDR DAT/DDS Tape Documentation Other Deposit Prepared by: Deposit Accepted by (Escrow Associates): .Signed: Signed: E-mail: Name: Date: Date: G-g Exhibit G Exhibit H • SOFTWARE SUPPORT AGREEMENT Contract Number—eCG-011011-REN-SSA THIS SOFTWARE SUPPORT AGREMENT Any capitalized terms not defined in this Support ("Support Agreement") is made this 4- M day Agreement shall have the meaning set forth in the Terms of OAOLV , 2011 by and between EnerGov and Conditions of the Master Customer Agreement. Solutions, LLt a Georgia limited liability company ("EnerGov") and City of Renton, Washington 2. EnerGov's Obligations. ("Customer"). 2.1 In consideration of Customer's performance hereunder, EnerGov shall render the Support Services BACKGROUND pursuant to Section 3. 2.2 All Support Services performed by EnerGov under EnerGov has licensed Customer certain of EnerGov's this Support Agreement shall be performed by EnerGov proprietary software in accordance with that certain in a timely and professional manner. EnerGov does not Master Customer Agreement dated , warrant that the Support Services or EnerGov Software 2011 by and between EnerGov and Customer (the will be uninterrupted or error free. "Master Customer Agreement"). 2.3 The parties acknowledge and agree that, notwithstanding anything to the contrary herein. Customer desires to have EnerGov support such contained, EnerGov shall not support or maintain any software and EnerGov desires to support such software hardware or any third party software. for Customer under the terms and conditions set forth herein. 3. Support Services. 3.1 During the term of this Support Agreement, and IN CONSIDERATION of the foregoing and the subject to the terms and conditions of this Support mutual covenants set forth herein, and intending to be Agreement,EnerGov shall provide the following Support • legally bound,the parties agree as follows: Services to the Customer with respect to any EnerGov Software licensed to the Customer: 1. Definitions. The following words shall have the 3.1.1 Unlimited Phone Support. The Customer following meanings when used in this Support shall have unlimited access to phone support during the Agreement: hours of operation by calling 1-888-355-1093, or a toll "Error"means a substantial reproducible failure of the free number in use at the time requesting support. Hours EnerGov Software to conform to the specifications set of operation are 8am to 8pm(EST). forth in the applicable end user Documentation. 3.1.2 Unlimited Email Support. The Customer shall "Error Correction" means either a modification or have unlimited access to email support by emailing addition to, or deletion from the EnerGov Software that, support @energov.com, or a mutually agreeable when made to EnerGov Software, establishes the email address designated for support. Email will be substantial conformity of such EnerGov Software to the monitored only during normal hours of operation. specifications therefore as set forth in the applicable end 3.1.3 Free Upgrades. EnerGov shall make available user Documentation,or a procedure or routine that,when to the Customer from time to time each Minor and Major observed in the regular operation of the EnerGov Release of the EnerGov Software without additional Software, eliminates the practical adverse effect of such charge to its customers who have continuously paid for Error on Customer. Software Support since Customer's initial purchase of all "Major Release" means a revision to the EnerGov EnerGov Software. Software indicated by a change in the first digit,of the 3.1.4 Remote Support. version number. 3.1.4.1 User Support. The User is entitled to dial "Minor Release" means a revision to the EnerGov in support during normal hours of operation if requested Software indicated by a change in the second digit of the by the User. EnerGov will often utilize third party version number. software products to dial into a client workstation. An "Release" means either a Major Release or Minor example of third party software is Logmein Release. (www.logmein.com),which requires user approval at the "Support Services" shall mean the services described time of access by EnerGov. The Customer is not in Section 3 of this Support Agreement. required to purchase any additional software or incur any Contract Number—eCG-01 1011-REN-SSA Customer Initials—� EnerGov Initials 0< • expense to utilize this type of support. Customer agrees and EnerGov. Customer agrees to provide EnerGov with and acknowledges that the use of this type of access does at least ten (10) days prior written notice of its desire to require that a small application software must be use the offsite data storage services of EnerGov. Unless downloaded to the User's PC with the expressed provided otherwise in the Agreement or through an permission of the User at each time access is granted to amendment to the Agreement: (i) stored backup data support. will be saved for a period of no more than seven (7) 3.1.4.2. Server Support. Customer agrees to days; (ii) agreed costs for services under this section provide VPN access to the EnerGov database server and three(3), may, from time to time, change;(iii)Customer the EnerGov application server, solely for purposes of may terminate offsite data storage services provided 30- providing Customer-requested support. EnerGov agrees days written notice to EnerGov; and(iv) all data may be that such VPN access and its use will be in compliance removed and deleted by EnerGov five (5) days after the with Customer policies and requirements as provided to termination of this Support Agreement or the Support EnerGov. Services provided under this section three (3). To the 3.2 Response Time. EnerGov shall be responsible for extent of Customers selection of data storage services, the handling of all support issues, whether written or EnerGov agrees to promptly make such data available to oral. Support issues that indicate an Error will be given Customer upon request as needed from time to time. higher priority and will be handled prior to non-critical 4. Out-of-Scope Problems. issues. EnerGov will respond to all support requests 4.1 This Support Agreement only covers the Support within four (4) business hours with a resolution or an Services described in Section 3. Without limiting the estimate of how much time is needed before the support foregoing, the following items are not covered by this request can be fulfilled. All support issues are entered Support Agreement unless EnerGov and Customer have into the EnerGov tracking database and will be handled jointly agreed in writing to such support: as efficiently as possible. Support issues that indicate an (A) Errors resulting from breach of the software Error will be given higher priority and will be handled license, misuse, negligence, revision, modification, or prior to non-critical issues. EnerGov does not guarantee other improper use by Customer or any other person or a resolution time beyond the fact that it will work entity of the EnerGov Software or any portion thereof, diligently to resolve all customer issues and concerns as (B) Failure by Customer to timely install Error quickly as possible with high-priority issues receiving Corrections or Releases provided to Customer by • first attention and first efforts to resolution EnerGov from time to time; 3.3 Notwithstanding any other provisions in this (C) EnerGov Software installed on any equipment Support Agreement, EnerGov, shall provide Support other than the Designated System or used with any Services only with respect to the two (2) most recent software not specified in the Documentation; Major Releases of any EnerGov Software or two (2) (D)Errors or other problems caused by viruses; calendar years from the date of implementation of the (E)Any network failures or problems including,but Customer's most recent installation of the Major not limited to, cabling, communication lines, routers, Release. Notwithstanding this section 3,3, Customer connectors,and network software;or shall continue to receive Support Services if EnerGov's (F) On-site service visits to Customer's offices or latest version of the EnerGov Software offered to other facilities such as training or consulting services Customer has major or substantial problems preventing requested by Customer. EnerGov will notify Customer Customer from providing Constituency services. in advance if such visits are out-of-scope and what the 3.4 Notwithstanding any other provisions in this fee for such visits would be Support Agreement,EnerGov is not obligated to provide 4.2 Any time incurred by EnerGov in diagnosing or custom modifications to the EnerGov Software for the fixing problems that are not caused by the EnerGov purpose of providing additional functionality or Software, or are not covered by this Support Agreement, performance beyond that which is described in the are billable to the Customer at.EnerGov's then-existing Proposal or Statement of Work. rates listed in Schedule 1 of the Master Customer 3.5 Title to all Releases, Error Corrections, fixes, Agreement, for such services with a one-hour minimum enhancements, and other Proprietary Information shall per call. remain solely and exclusively with EnerGov and''shall be 4.3. Any travel and expenses incurred in conjunction subject to the Terms and Conditions of the Master with out-of-scope support shall be billed to Customer at Customer Agreement governing the license for the EnerGov's actual costs, provided all such travel and EnerGov Software supported hereunder. expenses shall be approved by Customer in advance. 3.6 Offsite Data Stora e a of Backups. Upon written p p request of Customer, EnerGov will provide offsite data 5. Term of Support Agreement. This Support storage of backups of Customer's data on EnerGov's ftp Agreement shall become effective upon the Go-Live date servers for a cost mutually agreeable to both Customer and continue for a one(1)year term(the"Initial Term"), Contract Number—eCCG-0/11011-REN-SSA Customer Initials EnerGov Initials 2 unless terminated earlier as provided for herein. to the breach of this Support Agreement8.2. • Thereafter, it shall continue on a year-to-year basis,until NOTWITHSTANDING ANY OTHER PROVISION OF terminated by either party thirty (30) days prior to the THIS SUPPORT AGREEMENT,IN THE EVENT ANY anniversary date of this Support Agreement or any REMEDY FAILS OF ITS ESSENTIAL PURPOSE, renewal term. Notwithstanding the foregoing, (i) the ENERGOV'S LIABILITIES UNDER THIS SUPPORT Customer may terminate the Support Services at any AGREEMENT, WHETHER UNDER CONTRACT time by providing EnerGov with written thirty(30) days LAW, TORT LAW OR OTHERWISE, SHALL NOT notice; and (ii) EnerGov may terminate this Support EXCEED$1,000,000. Agreement in the event the Customer fails to timely pay 8.3 EXCEPT AS SET FORTH IN SECTION 2.2, any undisputed amounts due pursuant to this Support AND IN THE TERMS AND CONDITIONS Agreement and such failure is not cured within fifteen ENERGOV MAKES NO EXPRESS OR IMPLIED (15) calendar days after written notice of such failure is REPRESENTATIONS OR WARRANTIES WITH provided to the Customer. RESPECT TO THE ENERGOV SOFTWARE OR SUPPORT SERVICES OR THEIR CONDITION, 6. Fees for Support Services. MERCHANTABILITY, FITNESS FOR ANY 6.1 Customer shall pay to EnerGov the fees for the PARTICULAR PURPOSE OR USE BY CUSTOMER. Support Services ("Support Fees") in the amounts ENERGOV FURNISHES THE WARRANTIES IN set forth on the Proposal attached hereto. The initial SECTION 2.2 IN LIEU OF ALL OTHER Support Fees are due upon Acceptance of the WARRANTIES, EXPRESSED OR IMPLIED, Installation of the EnerGov Software. Thereafter,all INCLUDING THE WARRANTIES OF Support Fees are payable ten (10) days before the MERCHANTABILITY AND FITNESS FOR A Acceptance anniversary date. The fees set out in PARTICULAR PURPOSE. Schedule I shall remain the same for the 3 years 8.4 No action, regardless of form, arising under this immediately following the Acceptance Date. After Support Agreement, may be brought more than (6) Six the first 3 years immediately following the years after the cause of action has arisen. Acceptance Date EnerGov may modify from time to time the amount of the fees charged for the Support 9. Assignment. Services by providing Customer with written sixty 9.1 Except in the event of a merger or sale of all or • (60) days' notice. Any such increase shall in no substantially all of EnerGov's assets to another event exceed the fees of the previous year,increased organization whose intent is to continue the EnerGov by not more than the lesser of 3% or the change in product line delivered to Customer,EnerGov may not the West Region Consumer Price Index, or any assign or transfer this Agreement or any rights successor index. hereunder, or delegate any of its duties hereunder, 6.2 In the event that the Customer purchases additional without the prior written consent of Customer,which licenses or any additional EnerGov Software, or consent shall be timely and not unreasonably reduces the number of licenses in use, the parties withheld. EnerGov will notify Customer in advance agree to either amend this Support Agreement to add in writing of any such action. or reduce the Support Fees related to such changes 9.2 Customer may assign or transfer this Agreement and in the number of licenses allocated in the EnerGov may delegate its duties in whole or in part without Software or execute a new Support Agreement. charge and without the consent of EnerGov if such 6.3 All sums payable to EnerGov pursuant to this transfer or assignment is to a related entity such as Support Agreement which are past due shall accrue but not limited or due to a full or partial jurisdictional interest at the rate of 1% per month or the highest change, merger, name change, as required by law, legal rate allowed whichever is less, commencing regional consolidation of Information Technology with the date on which the payment was due. services, to eCityGov Alliance, or by government or judicial direction. Customer will notify EnerGov in 7. Confidentiality. Proprietary Information provided by advance in writing of any such action.Any attempt to either party to the other under this Support Agreement assign this Agreement in violation of this section shall be kept confidential in accordance with the terms of shall be null and void. Section 8 of the Master Customer Agreement. 9.3 EnerGov or its Assignee agree that as long as Customer is current on its annual maintenance with 8. Limitation of Liability and Disclaimer of EnerGov or its Assignee that Customer has the right Warranty. at its option to migrate at any time, with the 8.1. In no event shall EnerGov be liable for any coordination of EnerGov to any new software special, indirect, incidental, punitive, or consequential product with similar functionality that EnerGov or its damages,including loss of profits arising from or related Assignee develops, sells or acquires, including but Contract Number—eC -011011-REN-SSA Customer Initials EnerGov Initials 3 not limited to software written in a new language, on personal,exclusive jurisdiction in the State of Washington, • a new platform and/or on a new database, at no with respect to any suit, action or proceeding by any charge except for implementation services and person arising from,relating to or in connection with this training, modules or major functionality that it had Support Agreement,(ii)agrees that any such suit,action or not already licensed, and incremental user licenses proceeding shall be brought in any state court of that it had not previously licensed. competent jurisdiction sitting in King County, Washington, or in the United States District Court, 10. Amendments. Amendments, modifications, or Western District of Washington , (iii) submits to the supplements to this Support Agreement shall be jurisdiction of such courts,and(iv)irrevocably agrees not permitted, provided all such changes shall be in writing to assert any objection as to the venue of any such suit, signed by the authorized representatives of both parties, action or proceeding in the courts described above and any and all such changes shall reference this Support claim that any such action, suit or proceeding brought in Agreement and identify the specific articles or sections any such court has been brought in an inconvenient forum. of this Support Agreement that is amended, modified,or supplemented. 14. Authority. Each party represents and warrants to the other that it has the right to enter into this Agreement. 11.Notices. All notices, consents and approvals given under this 15. Costs and Attorneys' Fees. In any action, suit, agreement shall be in writing and shall be delivered in arbitration, mediation or other similar proceeding person, by first class or express mail return receipt, brought by any party hereto for enforcement hereof or telegram, email or other telegraphic means of facsimile arising out of or relating hereto or breach hereof, the where official proof of receipt can be validated and non-prevailing or unsuccessful party shall promptly pay addressed as follows: directly, or promptly reimburse the prevailing or successful party for all costs and all consultants' and Customer: attorneys' fees and expenses, paid or incurred by the City of Renton prevailing or successful party in enforcing this Support Attn:David Lemenager Agreement, in addition to other such relief as such 1055 S.Grady Wy#110 prevailing or successful party may be entitled. For • Renton,WA 98057 purposes of this Section, the determination of which party is to be considered the prevailing or successful party shall be decided by the court of competent EnerGov: jurisdiction or independent party (i.e., mediator or Mr.Mark Beverly arbitrator) that resolves such action, suit, dispute, claim, VP and General Manager or litigation. EnerGov Solutions,LLC 2160 Satellite Blvd—Suite 300 16. Waiver. No waiver of breach or failure to exercise Duluth,GA 30097 any option, right, or privilege under the terms of this Support Agreement on any occasion or occasions shall Either party may change its address or addressee for the be construed to be a waiver of the same or any other purposes of this paragraph by written notice. Notice option,right or privilege on any other occasion. given in accordance with this paragraph shall be deemed given when received. 17. Severability.If any of the provisions of this Support Agreement shall be invalid or unenforceable under the laws of the jurisdiction where enforcement is sought, 12. Obligations that Survive Termination. The parties such invalidity or unenforceability shall not invalidate or recognize and agree that the obligations of the other render unenforceable the entire Support Agreement but party under Sections 7, 89 13 and 15 of this Support rather the entire Support Agreement shall be construed as Agreement,shall survive the cancellation,termination,or if not containing the particular invalid or unenforceable expiration of this Support Agreement. provision or provisions and the rights and obligations of EnerGov and Customer shall be construed and enforced 13. Governing Law. The validity, construction, accordingly. interpretation, and performance of this Support Agreement shall be governed by and construed in 18. Counterparts. This Support Agreement may be accordance with the domestic laws of the State of executed simultaneously in two(2)or more counterparts, Washington except as to its principles of conflicts of each of which will be considered an original, but all of laws. Each party hereto hereby voluntarily(i) submits to which together will constitute one and the same Contract Number—eC 01 1011-REN-SSA Customer Initials_ EnerGov Initials 4 instrument. and replaces and supersedes all prior agreements,written • and oral, relating to the subject matter hereof, between 19. Delivery of. Electronic Copy of Executed the parties to this Support Agreement. Agreement. The parties agree that electronic transmission via facsimile or email to the other party of a 21. Force Majeure.Neither Party shall be liable for any copy of this Support Agreement bearing such party's delay in performance or inability to perform due to Force signature shall suffice to bind the party transmitting same Majeure."Force Majeure"includes any acts or omissions to this Support Agreement in the same manner as if an of any civil or military authority, acts of God, acts or original signature had been delivered. Without limitation omissions of CUSTOMER, fires, strikes or other labor of the foregoing, each party who electronically transmits disturbances, major equipment failures, fluctuations or an executed copy of this Support Agreement via non-availability of electrical power, heat, light, air- facsimile or email bearing its signature covenants to conditioning or telecommunications equipment, or any deliver the original thereof to the other party as soon as other act, omission or occurrence beyond the Party's possible thereafter. reasonable control, irrespective of whether similar to the foregoing enumerated acts, omissions or occurrences 20. Entire Agreement.This Support Agreement and the took place. If the Party's performance is delayed by Master Customer Agreement and exhibits thereto Force Majeure, the time for performance shall be constitute the entire agreement between the parties hereto extended. IN WITNESS WHEREOF, the parties have executed this Support Agreement under seal as of the day and year first written above. CUSTO ER: City of,,Renton ENERGOV SOLUTIONS,LLC By: "—JJZr By: Title: Denis Law Mayor Title: Executive Vice President Attest: Address: . Bonnie I. Walton, City Cle ddress: 1055 S. Grady Way ����a�� Duluth,GA 30097 2160 Satellite Blvd.,Ste. 300 Renton, WA 98057 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Contract Number—eCG-01 tOl 1-REN-SSA Customer Initials— �J EnerGov Initials 5