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11-05-18 Searchable packetCITY OF CUPERTINO AGENDA CITY COUNCIL 4:30 PM 10300 Torre Avenue and 10350 Torre Avenue Monday, November 5, 2018 Moved due to Election Day. Special Meeting Non-televised Closed Session (4:30) and Televised Study Session (5:30); Followed by Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Monday, November 05, 2018, commencing at 4:30 p.m. for a Closed Session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, CA 95014 and at 5:30 p.m. for a Study Session in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1.Subject: Public Employee Employment (Gov’t Code 54957(b)(1); Title: City Manager Recruitment STUDY SESSION - 5:30 PM Community Hall Council Chamber, 10350 Torre Avenue Page 1 1 November 5, 2018City Council AGENDA 2.Subject: Study Session regarding the Citywide Building Condition and Use Assessment Recommended Action: Accept a presentation on Citywide Building Condition and Use Assessment and provide staff with input prior to completion of the report. Staff Report ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 1.Subject: Approve the October 16 City Council minutes Recommended Action: Approve the October 16 City Council minutes A - Draft Minutes Page 2 2 November 5, 2018City Council AGENDA 2.Subject: Second Amendment Agreement with Avocette Technologies, Inc. for professional services in implementing Accela Permitting and Land Management System. Recommended Action: Authorize the City Manager to execute a Second Amendment Agreement with Avocette Technologies, Inc. for the implementation of Accela Permitting and Land Management System, which represents $109,362 added to the Council approved First Amendment Agreement in the amount of $299,143 for a total of $408,505. A - Staff Report B - Draft Avocette Second Amendment Agreement 3.Subject: Application for Alcohol Beverage License for Qin-Tang Charm Restaurant, Inc (dba Qin-Tang Charm Restaurant), 10271 Torre Avenue Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Qin-Tang Charm Restaurant, Inc (dba Qin-Tang Charm Restaurant), 10271 Torre Avenue Staff Report A-Application 4.Subject: Application for Alcohol Beverage License for Alchena Capital, LLC (dba Kiku Sushi), 1655 S. De Anza Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Alchena Capital, LLC (dba Kiku Sushi), 1655 S. De Anza Boulevard Staff Report A-Application 5.Subject: Mitigation Fee Act - Annual and Five-Year Report - Fiscal Year 2017-2018 Recommended Action: Accept the Five-Year and Annual Review of the City of Cupertino's Development Impact Fees (Government Code Section 66000 et seq.); and Adopt Resolution No. 18-105 entitled "A Resolution of the City Council of the City of Cupertino, California, Approving the Five-Year and Annual Development Impact Fee Reports and Making Required Findings." Staff Report A - Developer In-Lieu Fee Report B - Draft Resolution Page 3 3 November 5, 2018City Council AGENDA 6.Subject: Notice of Intent to Vacate an Easement for Storm Drain Retention Basin Purposes located on 23500 Christo Rey Drive Recommended Action: Adopt Resolution No. 18-106 to notice the public of the intent to vacate an easement for storm drain retention basin purposes located on 23500 Cristo Rey Drive, and set a public hearing on December 4, 2018, at 6:45 p.m. Staff Report A - Storm Drain Retention Easement Area B - New Storm Drain Easement C - Draft Resolution SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 7.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 4 4 November 5, 2018City Council AGENDA The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx? page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during Page 5 5 November 5, 2018City Council AGENDA consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 6 6 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4534 Name: Status:Type:Closed Session Agenda Ready File created:In control:10/29/2018 City Council On agenda:Final action:11/5/2018 Title:Subject: Public Employee Employment (Gov’t Code 54957(b)(1); Title: City Manager Recruitment Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Public Employee Employment (Gov’t Code 54957(b)(1); Title: City Manager Recruitment CITY OF CUPERTINO Printed on 10/31/2018Page 1 of 1 powered by Legistar™7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4133 Name: Status:Type:Study Session Agenda Ready File created:In control:6/29/2018 City Council On agenda:Final action:11/5/2018 Title:Subject: Study Session regarding the Citywide Building Condition and Use Assessment Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council11/5/2018 1 Subject: Study Session regarding the Citywide Building Condition and Use Assessment Accept a presentation on Citywide Building Condition and Use Assessment and provide staff with input prior to completion of the report. CITY OF CUPERTINO Printed on 10/31/2018Page 1 of 1 powered by Legistar™8 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting Date: November 5, 2018 Subject Study Session regarding the Citywide Building Condition and Use Assessment. Recommended Action Accept a presentation on Citywide Building Condition and Use Assessment and provide staff with input prior to completion of the report. Background and Discussion The City annually expends over $3 million on building maintenance services and products. Expenditures range from removal and replacement of systems, to increasing building efficiencies, to keeping the many roofs on City buildings from leaking. Some work is low cost annual preventative maintenance while other work is expensive replacement of systems that may last for decades. Expensive replacements are anticipated to occur more and more due to a variety of contributing factors. These include:  Many City buildings are over 30 years old and systems are either reaching or have already been extended past the end of their serviceable lives.  Increased occupancy of buildings, due to staff and community program increases, are pushing systems beyond their original design. Knowing that expensive system replacements are in the future, staff recommended and Council authorized on January 16, 2018 that a Citywide Building Condition and Use Assessment be completed. The purpose of this nearly 1-year long project is to determine the condition of all City owned buildings and to recommend and prioritize what maintenance, replacements, and improvements should be completed on a particular building given its age, present condition and current/future use. The report considers future use of buildings by surveying City staff, department directors, the community, and coordinating with City master plans, projecting employee growth, and using industry space use standards for similar government operations. 9 Specific building improvements that will be recommended through this process will be prioritized over a 10-year period among all City buildings. This assessment evaluated approximately 205,000 square feet of building area distributed among 51 City buildings. As different level of details and recommendations were needed, Cupertino City Hall was designated a top priority facility. The Senior Center, Sports Center, Quinlan Community Center and the Service Center were among several facilities designated as a primary facility. Other buildings were designated as secondary facilities. These designations are the result of how these buildings are utilized during an emergency event as well as how the buildings are used day to day by the public. Staff and the consultant (The KPA Group) established a priority rating of building elements based upon health & safety, reliability & resiliency and by efficiency. Each element within these priorities is ranked numerically between “1” and “5”. A rating of “1” indicates an element in critical condition. A rating of “5” indicates an element in excellent condition. For purposes of this study session, City Hall is included in the Citywide Building Condition and Use Assessment. Due to the new ages of the Library and Community Hall, these buildings were not included in the project. Individual building evaluations, depending on the selected buildings included but were not limited to: - Site/Civil/Landscape - Exterior envelope - Roofing - Structure - Interior elements - Mechanical, electric and plumbing Systems - ADA compliance - Space use efficiency A review of previously completed seismic evaluations was done at City Hall due to its type of construction and de facto use as an Emergency Operation Center. Seismic elements were also reviewed for the remainder of the facilities evaluated in this study. The estimated 10-year expenditures for evaluated buildings are being finalized. When completed, these expenditures will estimate the future costs that the City is likely to incur to resolve issues of building health and safety, building reliability and building resiliency. 10 Early calculations totaling approximately $65 million of recommended expenditures may be required over the next 10 years for all City buildings. This estimate, depending on the year work is completed, will increase at the rate of construction inflation. Preliminary 10- year expenditures of several well used City buildings is shown below. These estimates do not include the replacement or expansion of a building. Estimates include a 50% allowance for soft costs, such as design and design contingencies. Expected 10- year Expenditures1 Health & Safety (Millions) Reliability & Resiliency (Millions) Efficiency (Millions) Total (Millions) City Hall $3.75 $4.35 $4.95 $13.05 Quinlan Community Center $1.10 $1.25 $3.23 $5.58 Sports Center $1.42 $1.08 $.69 $3.19 Service Center Admin. Building $.53 $1.67 $1.74 $3.94 Senior Center $.55 $.73 $.50 $1.78 Blackberry Farm2 $.85 $2.35 $1.00 $4.20 All Other Buildings $10.19 $16.90 $6.47 $33.55 Total $65.29 1 Expressed in 2018 dollars. Inflation escalator of 5% will be included in completed report. 2 Retreat Center, Café, pump houses, lifeguard building, kiosk, trash storage and restrooms The study session presentation will include an overview of existing building conditions documented by The KPA Group, feedback regarding various building efficiencies received from City staff and public survey results received from users of City Hall, Quinlan Community Center and the Senior Center. The remaining serviceable life of evaluated City buildings will be provided and recommendations will be made for buildings that should be expanded or replaced. For information, staff will present a lump sum budget amount to resolve all current Citywide building maintenance needs. Additionally, staff will provide a draft expenditure plan to complete all recommended improvements over the next 10 years. Sharing this information with the City Council and receiving comments and suggested direction on the overview and the expenditure plan are the purpose of the study session. 11 Sustainability Impact Buildings are designed and constructed to meet the program needs and technologies available at that time. This includes the size of the building and the amenities built into the building to accommodate programs. As time passes, the program needs of the community may grow and/or change. This can cause the original construction to become obsolete. Examples of these changes in the City include the additions of community programs and/or the additions of staff. Improvements in construction methods and equipment technology cause older buildings to also lag in efficiency. Retrofitting an older building to be more efficient, whether for increased energy efficiency o r to employ the latest technologies can be costly. As the City owns many different buildings for many different purposes, some buildings are impacted by time more than others. For ongoing sustainability, each building decision should consider both the needs of the community and the condition of the building. Accordingly, buildings that are determined to have a remaining long life and meet the needs of the community should continue to receive timely preventative maintenance. For these buildings, systems should be changed out as needed and more efficient systems should take their place. Buildings that do not meet the needs of the community, but are serviceable, should continue to be maintained by having replacement systems sized for the potential of future expansion. Finally, buildings that are identified for replacement within a few years should be maintained yet another way by receiving only the maintenance needed to keep the building safe, operational and keeping system replacements to a minimum. Fiscal Impact The current FY 18/19 Operating Budget (420-99-063 900-905) includes $1 million for Citywide Building Condition Implementation that may result from completion of the Citywide Building Condition and Use Assessment Project. The purpose of this allocation was to begin analysis of feasibility or design on one or several projects that will be recommended. No additional appropriations are being requested at this time. The FY 19/20 budget will have recommendations to improve buildings as detailed in the completed the Citywide Building Condition and Use Assessment Project. ____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Department Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: Amy Chan, Interim City Manager 12 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3292 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:11/5/2018 Title:Subject: Approve the October 16 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council11/5/2018 1 Subject: Approve the October 16 City Council minutes Approve the October 16 City Council minutes CITY OF CUPERTINO Printed on 10/31/2018Page 1 of 1 powered by Legistar™13 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, October 16, 2018 REGULAR CITY COUNCIL MEETING CLOSED SESSION At 6:00 p.m. Mayor Darcy Paul called the Regular City Council meeting to order in City Hall Conference Room A, 10300 Torre Avenue. Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue. ROLL CALL Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang and Savita Vaidhyanathan. Absent: Councilmember Steven Scharf. Before Council went into closed session, the following individuals spoke: Miguel Lira on behalf of SIREN Priya Murthy on behalf of SIREN 1. Subject: Conference with Legal Counsel-Anticipated Litigation; Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Gov’t Section 54956.9: Two Cases Mayor Paul reported that for the first item, an update was provided and direction was provided to the City Attorney to seek restitution on a criminal matter for People of the State of California vs. Jennifer Chang. Mayor Paul reported that for the second item, an update was provided and direction was given to join the amicus brief on behalf of the State of California for United States vs. State of California, Case No. 218-CV-00490. 2. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Gov’t Code Section 54956.9, paragraph 1 of subdivision (d) Name of Case: Committee Supporting Cupertino Citizens’ Sensible Growth Initiative et al., Plaintiffs and Appellants, v. City of Cupertino et 14 al., Defendants and Respondents. Santa Clara Superior Court Case No. 16CV296322 / Court of Appeal, Sixth Appellate District Case No. H043940 Mayor Paul reported that an update was provided and direction to seek recovery of costs of approximately $4,100 was provided in a 3 - 1 vote (Paul dissenting). Mayor Paul reported out on the closed session meeting from October 9 regarding recruitment for the City Manager. Subject: Public Employee Employment (Gov’t Code 54957(b)(1); Title: City Manager Recruitment. Mayor Paul reported that closed session was conducted and no final action was taken. RECESS PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Darcy Paul reconvened the Regular City Council meeting in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Darcy Paul, Vice Mayor Rod Sinks, and Councilmembers Barry Chang and Savita Vaidhyanathan. Absent: Councilmember Steven Scharf. CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Proclamation declaring the 2nd week in October as Code Enforcement Officer Appreciation Week. Recommended Action: Present Proclamation declaring the 2nd week in October as Code Enforcement Officer Appreciation Week. Mayor Paul presented the Proclamation to the Code Enforcement Officers for Code Enforcement Officer Appreciation Week. 4. Subject: Proclamation for Team Pi-oneers from Cupertino for being the 2018 National Middle School Quiz Bowl Champion Recommended Action: Present proclamation to Team Pi-oneers from Cupertino for being the 2018 National Middle School Quiz Bowl Champion 15 Mayor Paul presented the Proclamation to representatives of Team Pi-oneers from Cupertino for being the 2018 National Middle School Quiz Bowl Champion. Mayor Paul reordered the agenda to hear item number 6 before 5. 6. Subject: Presentation from Bhubaneswar Sister City regarding recent student exchange trip Recommended Action: Receive presentation from Bhubaneswar Sister City regarding recent student exchange trip Council received a presentation from Bhubaneswar Sister City regarding the recent student exchange trip. 5. Subject: Presentation from Toyokawa Sister City regarding recent student exchange trip Recommended Action: Receive presentation from Toyokawa Sister City regarding recent student exchange trip Council received a presentation from Toyokawa Sister City regarding the recent student exchange trip. STUDY SESSION 7. Subject: Study Session on homelessness Recommended Action: Present on the topic of homelessness in the City and the Region Written communications for this item included an email to Council, and staff and partner service provider organization presentations. Senior Housing Planner Kerri Heusler and Assistant Planner Erika Povida gave a presentation on the topic of homelessness in the City and the Region. The partner service provider presenter included: Consuela Hernandez from the County of Santa Clara Office of Supportive Housing Kathy Robinson from Charities Housing Jan Lindenthal from MidPen Housing Sujatha Venkatraman from West Valley Community Services Mayor Paul opened public comment and the following individuals spoke: Jennifer Griffin 16 Bob Stromberg (Santa Clara County resident) on behalf of Destination: Home Karan (Cupertino resident) Mayor Paul closed public comment. Council received the presentation on the topic of homelessness in the City and the Region and directed staff to follow-up on these items:  Update the website to include information on housing for students  Explore teacher housing further and work with the County on their Board referral to discuss teacher housing with De Anza College POSTPONEMENTS - None ORAL COMMUNICATIONS Jennifer Griffin talked about the Stevens Creek Urban Villages development in San Jose. Heather Dean talked about the decrease in volunteering at the Cupertino Senior Center due to the City’s new software system. Candice Gonzalez (Palo Alto resident) on behalf of Sand Hill Property Company talked about the SB35 approval. CONSENT CALENDAR Vaidhyanathan moved and Chang seconded to approve the items on the Consent Calendar as presented. Ayes: Paul, Sinks, Chang, and Vaidhyanathan. Noes: None. Abstain: None. Absent: Scharf. 8. Subject: Approve the October 2 City Council minutes Recommended Action: Approve the October 2 City Council minutes 9. Subject: Receive report on commission and committee members’ terms expiring January 30, 2019 and set application submittal deadline date of January 11, 2019 and candidate interview dates of January 28 and 29, 2019 Recommended Action: a.) Receive report on commission and committee members’ terms expiring January 30, 2019; and b.) Set the application submittal deadline date of 4:30 p.m. on Friday, January 11, 2019 and candidate interviews beginning at 5:00 p.m. on Monday 17 and Tuesday, January 28 and 29 for commission and committee members’ terms expiring January 30, 2019 10. Subject: Small Cell Wireless Agreement with ExteNet Systems (California) LLC Recommended Action: Authorize the City Manager to enter into a Small Cell License Agreement with ExteNet Systems (California) LLC 11. Subject: Report on Bids and Award a Contract for the McClellan Ranch West Parking Lot Improvement Project (No. 2017-05) Recommended Action: 1. Award a construction contract to Galeb Paving, Inc. of Saratoga, California, in the amount of Six Hundred Five Thousand Eighty-two Dollars and 88/100 ($605,082.88); and 2. Authorize a construction contingency budget of Sixty-one Thousand Dollars ($61,000), which is approximately 10% of the construction contract amount, to address unforeseen conditions during construction. SECOND READING OF ORDINANCES – None PUBLIC HEARINGS – None Council recessed from 8:55 p.m. to 9:00 p.m. ORDINANCES AND ACTION ITEMS 12. Subject: Consider adopting the resolution establishing a policy for accepting sponsorships Recommended Action: Adopt Resolution No. 18-101 establishing a policy for accepting sponsorships (Attachment A) Senior Management Analyst Katy Nomura and Recreation Coordinator Jeff Ordway reviewed the staff report. Mayor Paul opened public comment and the following individual spoke: Jennifer Griffin Mayor Paul closed public comment. Sinks moved and Vaidhyanathan seconded to adopt Resolution No. 18-101 establishing a policy for accepting sponsorships with the amendments: Authority to Department Heads up to $1,500 and City Manager up to $25,000; require department head discussion with City 18 Manager to define sponsorship/benefit structure; add language for volunteer hours; and recognize volunteers at minimum wage rate. The motion carried with Scharf absent. 13. Subject: Budget Adjustment to proceed with a Request for Proposals for architectural services for a New City Hall, an Interim City Hall and to add one 3-year Limited Term Project Manager Recommended Action: Staff recommends Council adopt Resolution No. 18-102 approving a Budget Adjustment for the amount of $6,175,000: 1. $5,500,000 for architectural design services for a New City Hall, funded by the Capital Reserve, and: 2. $500,000 for architectural design and other services as needed for the Interim City Hall, funded by the Capital Reserve, and; 3. $87,500 to add one 3-year Limited Term Project Manager in the Department of Public Works, funded by the General Fund Written communications for this item included an amended staff report and a staff presentation. Director of Public Works Timm Borden reviewed the staff report. Mayor Paul opened public comment and the following individual spoke: Jennifer Griffin Mayor Paul closed public comment. Staff answered questions from Councilmembers. Sinks moved and Vaidhyanathan seconded to adopt Resolution No. 18-102 approving a Budget Adjustment in the amended amount of $4,087,500: 1. $3,500,000 for architectural design services for a New City Hall, funded by the Capital Reserve, and: 2. $500,000 for architectural design and other services as needed for the Interim City Hall, funded by the Capital Reserve with direction to staff to explore finding lease space as a first priority , and; 3. $87,500 to add one 3-year Limited Term Project Manager in the Department of Public Works, funded by the General Fund. The motion carried with Scharf absent. 14. Subject: Budget Adjustment to proceed with Request for Proposals for a market and operations feasibility study for a performing art center Recommended Action: 1. Adopt Resolution No. 18-103 approving a Budget Adjustment in the amount of $200,000 in the General Fund to complete a market and operations feasibility study for a performing art center; and 2. Authorize staff to hire a consultant for a contract 19 amount not to exceed $200,000 to complete a market and operations feasibility study for a performing art center Written communications for this item included a staff presentation. City Engineer Chad Mosley reviewed the staff report. Mayor Paul opened public comment and the following individual spoke: Jennifer Griffin Mayor Paul closed public comment. Sinks moved and Vaidhyanathan seconded to adopt Resolution No. 18-103 approving a Budget Adjustment in the amount of $200,000 in the General Fund to complete a market and operations feasibility study for a performing art center and; 2. Authorize staff to hire a consultant for a contract amount not to exceed $200,000 to complete a market and operations feasibility study for a performing art center. The motion carried with Paul voting no and Scharf absent. 15. Subject: Proposed revisions to the 2018-19 City Work Plan and Capital Improvement Program (CIP) due to the new City Hall project, the Performance Art Center (PAC) Market and Operations feasibility study, Regional Transformative Transit Initiatives, and other key initiatives Recommended Action: 1. Revise the 2018-19 City Work Program to reprioritize certain staff efforts to allow for the meeting of schedules for several major new proposed initiatives; and 2. Amend the CIP by adding the New City Hall Project, the Interim City Hall and Relocation Project, and the Performing Arts Center Market and Operations Feasibility Study, and delaying certain projects to enable sufficient resources for these large priority projects; and 3. Adopt Resolution No. 18-104 to approve the defunding of $4,425,750 in budgeted Capital Funds for the Capital Improvement Projects listed in Table 1 Written communications for this item included an amended Council Work Plan and a staff presentation. Director of Public Works Timm Borden reviewed the staff report. Mayor Paul opened public comment and the following individual spoke: Jennifer Griffin 20 Mayor Paul closed public comment. Staff answered questions from Councilmembers. Paul moved and Vaidhyanathan seconded to: 1. Revise the 2018-19 City Work Program to reprioritize certain staff efforts to allow for the meeting of schedules for several major new proposed initiatives; and include Bike-Share and Scooter-Share Policy, but remove two proposed initiatives; the Dog Off Leash Trial at Jollyman Park and the initiative to amend the Municipal Code to change construction hour start time from 7:00am to 8:00am; and 2. Amend the CIP by adding the New City Hall Project, the Interim City Hall and Relocation Project, and the Performing Arts Center Market and Operations Feasibility Study, and delaying certain projects to enable sufficient resources for these large priority projects; and 3. Adopt Resolution No. 18-104 to approve the defunding of $4,425,750 in budgeted Capital Funds for the Capital Improvement Projects listed in Table 1, with the amendment to reduce the defunding amount by $75,000 for the Blackberry Farm Entrance Road Improvements Feasibility Study. The motion carried with Scharf absent. REPORTS BY COUNCIL AND STAFF 16. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council directed staff to follow up on the concern from the Senior Center volunteer and include a report in Items of Interest. Councilmembers highlighted the activities of their committees and various community events. ADJOURNMENT At 11:40 p.m., Mayor Paul adjourned the meeting. 21 ___________________________ Grace Schmidt, City Clerk 22 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4285 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/21/2018 City Council On agenda:Final action:11/5/2018 Title:Subject: Second Amendment Agreement with Avocette Technologies, Inc. for professional services in implementing Accela Permitting and Land Management System. Sponsors: Indexes: Code sections: Attachments:A - Staff Report B - Draft Avocette Second Amendment Agreement Action ByDate Action ResultVer. City Council11/5/2018 1 Subject: Second Amendment Agreement with Avocette Technologies, Inc. for professional services in implementing Accela Permitting and Land Management System. Authorize the City Manager to execute a Second Amendment Agreement with Avocette Technologies, Inc. for the implementation of Accela Permitting and Land Management System, which represents $109,362 added to the Council approved First Amendment Agreement in the amount of $299,143 for a total of $408,505. CITY OF CUPERTINO Printed on 10/31/2018Page 1 of 1 powered by Legistar™23 INNOVATION & TECHNOLOGY DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-1333 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 5, 2018 Subject Second Amendment Agreement with Avocette Technologies, Inc. for professional services in implementing Accela Permitting and Land Management System. Recommended Action Authorize the City Manager to execute a Second Amendment Agreement with Avocette Technologies, Inc. in the amount of $109,362 to implement the Accela Permitting and Land Management System. The Council approved the First Amendment of $299,143 which includes the original contract of $160,000 for a total of $408,505. Description Staff recommends accepting the addendum to the agreement for the implementation of Accela Permitting and Land Management System by Avocette Technologies, Inc. The proposed amendment includes the following: • Change order to existing scope of work that 1) adds efficiencies to City business processes and 2) additional education. Cost: $44,010 • Integrate Accela with BuildingEye. Cost: $5,400 • Migration of legacy data from retired financial application. Cost: $40,500 • 5% Contingency. Cost $19,452 Discussion Background The City is currently working with Avocette Technologies Inc. to implement the Accela Permitting and Land Management System (Accela), the major software application for the Community Development Department. Additionally, Accela provides a public portal where residents and contractors can obtain building and planning permits and schedule building inspections from the convenience of their home or office. During the system implementation, staff became aware of Accela functionality that would bring additional efficiencies to both the Building and Planning Divisions. Specific examples include: • Enhancements to over the counter permits • Ability to add fees in an easy straightforward manner 24 • Streamline multiuse permitting and inspection process Additional training of the self-service portal for both staff and customers will help in a smooth transition and rollout of Accela. The second proposed enhancement in the amendment is the integration with BuildingEye, an interactive software system that provides a user-friendly interface for the public to access planning application and building permits. The tool allows the public to create alerts that will send email notifications when building and planning permits or applications are posted in specific neighborhoods, or within a fixed radius. The integration between these two applications will provide a real time building permit and planning application data to Cupertino residents and other end users. The third proposed enhancement in this amendment is the data migration for fee and scheduling historical data from Pentamation a legacy system that was utilized by the City prior to the current financial system, New World. The data migration will result in data consolidation in Accela, resulting in more timely response to public inquiries as well as enhanced reporting capabilities. Proposed Solution City staff recommends these enhancements that will result in better functionality and value for City customers and staff. The proposed changes add $89,910 in scope plus a 5% contingency of $19,452 to the Council approved First Amendment amount of $299,143 for a total of $408,505. Sustainability Impact The Accela software is anticipated to reduce the volume of paper currently used for customer transactions, conserving natural resources and reducing greenhouse gases generated during the production and disposal of paper. When possible, staff will leverage the improved software to email receipts and permits. Additionally, in time, more customers are anticipated to complete permit requests online, further reducing vehicle travel and use of paper. Implementation of paperless office strategies like this one are prioritized in Cupertino’s Climate Action Plan (M-SW-1). Fiscal Impact Existing permitting and land management software implementation funding is allocated in the Innovation & Technology Department to fully fund the implementation of Accela Permitting and Land Management System as outlined in the recommended agreement. _____________________________________ Prepared by: Bill Mitchell, Chief Technology Officer Approved for Submission by: Amy Chan, Interim City Manager 25 Attachments: A – Scope of Work B – Draft Second Amendment Agreement 26 SECOND AMENDMENT TO AGREEMENT 17-090 BETWEEN THE CITY OF CUPERTINO AND AVOCETTE TECHNOLOGIES, INC FOR ACCELA CONFIGURATION AND SUPPORT This Second Amendment to Agreement 17-090 between the City of Cupertino and Avocette Technologies, for reference dated 6/21/2017, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Avocette Technologies, Inc, a Corporation (“Consultant”) whose address is 422 Sixth Street, New Westminster, British Columbia, Canada V3L 3B2, and is made with reference to the following: RECITALS: A. On 6/21/2017, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for Accela Permitting and Land Management System Implementation. B.The Agreement, First Amendment and Second Amendment are collectively referred to as the “Agreement” unless otherwise indicated. C.City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1.TERM Paragraph 1 of the Agreement is modified to read as follows: The term of this Agreement shall commence on 6/21/17, and shall terminate on 6/30/19, unless terminated earlier as set forth in the Agreement. 2.SERVICES TO BE PERFORMED Paragraph 2 of the Agreement is modified to read as follows: Consultant shall perform each and every service set forth in Revised Exhibit “A” and additional work in Exhibit “B”, both of which are attached hereto and incorporated herein by this reference. 3.COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in an additional amount of Eighty-Nine Thousand Nine Hundred Ten Dollars ($89,910) and contingency of Nineteen Thousand Four Hundred Fifty-Two ($19,452) for a total additional amount of One-Hundred Nine Thousand, Three Hundred Sixty-Two ($109,362) added to the First Amendment amount of Two-Hundred Ninety-Nine Thousand, One-Hundred Forty-three Dollars ($299,143), not to exceed a total of Four Hundred Eight Thousand, Five Hundred Five dollars ($408,505) based on the rates and terms set forth in the original agreement and Exhibit “B”, which is attached hereto and incorporated herein by this reference. 4.The following Exhibits to the Agreement are in addition to the original scope as modified by the First Amendment. a.Exhibit “B” is the additional scope of work including updated insurance 5.Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. 27 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT By Title RECOMMENDED FOR APPROVAL By Title CITY OF CUPERTINO By Title APPROVED AS TO FORM City Attorney ATTEST: City Clerk EXPENDITURE DISTRIBUTION PO #2018-00000599 100-32-308 700-702 Original $160,000.00 Amendment #1: $139,143.00 Amendment #2: $109,362.00 Total: $408,505.00 28 1ST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND AVOCETTE TECHNOLOGIES INC. FOR ACCELA CONFIGURATION AND SUPPORT SERVICES This 1st Amendment to the Agreement between the City of Cupertino and A vocette Technologies Inc., for reference dated December 19, 2017, is by and between the CITY OF CUPERTINO , a municipal corporation (hereinafter "City") and AVOCETTE TECHNOLOGIES INC., a Limited Liability Company ("Consultant") whose address is 422 Sixth Street, New Westminster, British Columbia, Canada V3L 3B2, and is made with reference to the following: RECITALS : A. On June 21, 2017, an agreement was 'entered into by and between City and Consultant (hereinafter "Agreement") with a te1mination date of June 30, 2018 for Consultant Services for Accela Configuration and Support. B. City and Consultant desire to modify the Agreement on the terms and conditions set fo11h herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 2. Services to be Performed is modified to read as follows: Consultant shall perfom1 each and every service set forth in the revised statement of work, Revised Exhibit "A ", which is attached hereto and incorporated herein by this reference. 2. Paragraph 3. Compensation to Consultant is modified to read as follows : This Change-Order/Statement of Work will require approximately $139,143 of additional funding (beyond the $160,000 original contract amount) to deliver the final production environment, professional services and related training. The total compensation is in the amount of $299,143 as set fo11h in the Revised Exhibit "A", which is attached hereto and incorporated herein by this reference . 3 . The following Exhibits to the Agreement, are amended and replaced to read as shown in the attachments to this Amendment: a . Revised Exhibit "A," -Change Order: Statement of Work 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the pai1ies hereto have caused this modification of Agreement to be executed . II II II II II Exhibit A 29 By Stewart Jack Title Executive Vice President Date January 8. 2018 CITY <?~~UPERTIN_O A Mlli1;,e1Ral Corporation By yvJ ~ Title C.r!? j/4 114= ,,- RECOMMENDED FOR APPROVAL: By: ------- Title ------- APPROVED AS TO FORM: /J6{o Y--Q..u..a---~~ Cit ttomey r .,/lo ~d ~ City Clerk ( r-J O 1 0 30 Change Order Revised Exhibit A Change Order: Complex Records and Data Conversion and Full Configuration Prepared for: The City of Cupertino C 0 © 2017 Version 2.0 Page 1 31 Change Order E Or CONTENTS TABLE OF CONTENTS ..................................................................................................................................................................... 2 DOCUMENT CONTROL .................................................................................................................................................................... 3 MODIFIED CONTRACT ..................................................................................................................................................................... 4 WORK DE SCRIPTION .............. , .............................................................................................................................................................. 5 DELI VERABLE 1: CIVIC PLATF ORM SETUP ................................................................................................................................................ 5 DELI VERABLE 2: SELF DIRE CTED ONLINE TRAINING ................................................................................................................................ 6 DELIVERABLE 3 : SET UP OF AGENCY USERS ........................................................................................................................................... 8 DELIVERABLE 4: AN ALYSIS SES SION S ..................................................................................................................................................... 8 DELI VERABLE 5 : ANA LYSIS DOCUM EN TATION .......................................................................................................................................... 9 DELIVERABLE 6: CONFIGURATION, BU SINE SS RULE S, AND QU ALIT Y ASSURANC E .................................................................................... 10 DELIVERABLE 7: LI CEN SE D PR OFE SS IONA L CSLB INTERFACE ............................................................................................................... 11 DELI VERABLE 8 : WEBE X CI VIC PLATF ORM AD MINISTRAT IVE TRA INING .................................................................................................... 12 DELI VERAB LE 9: WEBE X CIVIC PLATF ORM DAILY END USER TRAIN ING ................................................................................................... 12 DELI VERABLE 10 : HISTORI CA L AN D IN-FLIGHT DATA CONVERSION ANALYSI S .......................................................................................... 13 DELI VERABL E 11: HI STORICAL AND IN-FLI GH T DATA CONVERSION DE VELOP MENT .................................................................................. 14 DELI VERABL E 12 : DOCUMEN T RE CORD CONVERSION ........................................................................................................................... 14 DELI VERABLE 13 : GIS DEPL OYM ENT .................................................................................................................................................... 15 DELI VERAB LE 14: DOCUMENT MANAGEM ENT SYSTEM INT ERF AC ES ........................................................................................................ 16 INTE RFAC E ANA LYSIS .......................................................................................................................................................................... 16 DELIVERABLE 15: NEW WORLD FINANCIAL SYSTEM INTERFACE ............................................................................................................. 17 15 .1 INTERF AC E AN ALYS IS ................................................................................................................................................................... 17 DELIVERABLE 16: OUT-OF-SCOPE BPT CON FIGURATIONS & RECEIPT REPLI CATION ................................................................................. 18 DELIVERABLE 17: RE MOT E USER ACC EPTANC E TESTING (UAT) ...................................................................................................... 21 DELI VERABL E 18: 0NSITE ENGAGEMENT & PROJECT QUALITY ASSURANC E ............................................................................................ 22 DELI VERABLE 18A: ON SITE AD MIN TRAINING ........................................................................................................................................ 22 COST SCHEDULE ........................................................................................................................................................................... 23 EXPENSES: ..................................................................................................................................................................................... 25 APPENDIX A -PROJECT RECORD TYPES ................................................................................................................................. 26 APPENDIX B -SCRIPTING DEFINITIONS ..................................................................................................................................... 29 APPENDIX C-DOCUMENTATION TEMPLATE ............................................................................................................................ 30 APPENDIX D-DATA CONVERSION PROCESS OVERVIEW ...................................................................................................... 33 © 2017 Vers ion 2 .0 Page 2 32 Change Order OCOMENT CONTROL Date Author Version Change Reference 11Nov17 Mike Buell 1.0 Initial draft 05Dec17 Mike Buell 2.0 Update to deliverables table and modification summary © 2017 Version 2.0 Page 3 33 Change Order OD1F1ED CONTRACT Please find enclosed Avocette Technologies Modified Contract for Professional Services ; this contra ct represents a Change-Order to the Supplemental Statement of Work submitted on June , 2017 . This Change Order supersedes any/all deliverables depicted in the above cited document as the scope and nature of work has altered dramatically since the project commenced. This quotat ion is related to the final implementation of outstanding items to deliver a minimum viable product in the most expeditious and cost efficient manner possible. Please note deliverables have been executed since submission of the original contract, and have been invoiced as indicated herein . We will execute all deliverables on a fi xed-fee price for the full range of our Professional Services ; however should the Customer requ est additional work outside of the scope defined above , then Avocette will calculate the value of any change orders required to address the additional work at a rate of $135 .00 per hour plus applicable expenses if any. The first change in the statement of work pertains to the analysis , documentation , scripting, configuration, and quality assurance of 95 record (permit) types. The list of record types is provided in Appendix A). With this change in scope we have removed the following deliverables from the original statement of work : • 03 -Set-up BPTs • 05 -Workflows • 06-Fees • 07 -Service/Inspection Records • 08 -Data Fields/ASls • 09 -Existing user groups • 010 -New user groups • 011 -ACA updates • 012 -Property upload The second change in the statement of work is the inclusion of a detailed historical data conversion which will include document conversion . Since we will be completing a detailed historical data conversion we have removed the following deliverable : • 014 -Express Historical Data Conversion All the deliverables from the original contract , except those listed above, will be included in the revised contract. This Change-Order will require appro ximately $139,142.65 of additional funding to deliver the final production environment, professional services and related training. We appreciate your consideration , and look forward to working with the City of Cupertino towards successful deployment of the Accela Civic Platform. © 2017 Version 2 .0 Page 4 34 Change Order WORK DESCRIPTION The following section describes the specific activities and tasks that will be executed to meet the business objectives and business requirements of the Agency. In support of the implementation effort as described above , Avocette will provide the following detailed implementation services . For each deliverable , a description is provided as well as criteria for acceptance of the deliverable. DELIVERABLE 1: CIVIC PLATFORM SETUP Upon Contract signing , Avocette will work with Accela to setup an environment in the Civic Cloud and load the Best Practice Templates for land management, which includes permits and inspections , code enforcement , and planning and zoning into the configuration. Additionally , the environment will be licensed according to the Agency sales order form (CMAS subscription terms). In terms of specific output , the following will be executed for this deliverable: • URL's and login information for each environment Specifically, Avocette will perform the following tasks within the support environment: • Verify that the Civic Platform is operational by using the valid credentials to log into the Agency 's computing environment. • Setup the software licensing in the Accela cloud per the agreed to sales order form • Install the Accela Land Management Best Practices Template Configurations • Setup Bing maps with geocoding and routing • Setup the mobile applications gateway for use of field applications • Setup the payment processing gateway for supported vendors. Currently , the Civic Platform inherently supports Official Payments, PayFlow Pro 4.3 (PayPal) and Virtual Merchants. o If the Agency is working with another payment vendor, the Avocette team can scope the level of effort as a separate deliverable item. Avocette Responsibilities: • Provide timely and appropriate responses to Agency 's request for information . • Setup the Civ ic Platform in Accela 's Civic Cloud. • Provide desktop requirements documentation to Agency. • Update the specific Accela ePayment SDK with the Agency provided merchant account attributes and deliver completed Accela ePayment SDK to Accela IT. • Provide instructions on how to login/logout and view the loaded Best Practice Templates Agency Responsibilities: • Provide timely and appropriate responses to requests for information by Accela. • Arrange for the availability of appropriate Agency staff to assist with inquires and activities related to system installation , setup , testing , and quality assurance throughout the setup process . • Agency staff is responsible to work with the supported payment vendor (Official Payments , PayFlow Pro 4.3 (PayPal) and Virtual Merchant) to collect the necessary information for the payment processing gateway . For example , the staff will need to provide the Avocette team with information such as the Product ID, Convenient Fee values , the Payment gateway URLs and other vital information to successfully implement the payment processing gateway . © 2017 Version 2.0 Page 5 35 Change Order • gency staff must proviae supported payment vendor informatio n based on Avocette and Cupert in o's agreed upon project plan timeline • Schedule appropriate Agency staff participants and meeting locations for activities. Acceptance Criteria : • Confirmation of ability to log into the Civic Platform using the valid credentials DELIVERABLE 2: SELF DIRECTED ONLINE TRAINING Based on past experience with client implementations we highly recommend the City of Cupertino takes full advantage of the online resources to optimize their knowledge base of Accela 's Civic Platform in advance to ensure success of the project The platform includes access to a large library of City staff administrator and City end user training materials in Accela 's Success Community system, available online and self-paced . Each City staff user can request login credentials and gain access to the entire library of training materials which include video tutorials, how-to documents , administrator and end user guides . The online training content focuses on the administration, maintenance and augmentation of the Civic Platform configuration . Avocette has defined a self-paced/ self-directed online training program for the Agency 's project team to complete before the project commences. The training program ensures your team has the foundational understanding of the Accela software and all of its components. The program includes: 1) Interactive e-lessons where participants are prompted for responses or asked to complete exercises inside the learning module 2) Video tutorials 3) Course Guides (PD F) © 2017 Version 2 .0 Page 6 36 Change Order Content is organized such that clients can easily navigate through the modules. The following is a sample outline for the Getting Started course : Subject Topic elesson Video Cour.;e Guide Ge ttin g Started Ge_ttinq Slarted Logging In and Out I Setting Preferences Navigating the User Interlace Global Soorching Searching for Records Us inq the My Tasks Portlel I Glossary It is estimated that each project team member will need to dedicate 40-60 hours over a 2-4 wee k period to complete the prescribed training, review the provided best practice da ta sheets and advise Avocette of the configuration changes needed for their system . Hours and duration are estimates only and may vary by City . In terms of specific output , the following will be executed for this deliverable: • Access to Success Community online training content Avocette Responsibilities : • Provide the City with access to the Success Commun it y website, demonstrate how to register and login , along with how to search for and find the online training content • Provide list of online training courses to be completed Agency Responsibilities : • Identify all Cupertino project team members that will be involved in the project • Select and provide the Success Community website to the staff users who will require the online training content. • Ensure that users are proficient in using PC 's as a prerequisite before accessing the online train ing content. • Ensure that users are familiar with use of standard Internet browsers as a prerequ isite for the course. • Ensure that users have appropr iate hardware/software for successfully viewing online video content. • Ensure that users are successfully reading and completing the recommended online course content throughout project implementation . • Schedule the necessary time to complete all course work in the identified time frame • Confirmation of the completion of all courses outlined in the Avocette Course requirement by all Cupertino Project team members . • Schedule appropriate Cupertino staff participants and meeting locations for training activities Acceptance Criteria : • Access Accela Su ccess Community on line training © 2017 Version 2.0 Page 7 37 Change Order DEDVERABtE"3 : SETUP O :AGENCY USERS Avocette will setup Agency staff users based on the number of software licenses purchased . Avocette will deliver and discuss the Accela BPT Roles and Functions Matrix document, and the Agency will indicate which user group role each staff is to be assigned. For example, if Agency purchases 10 Land Management Solution licenses , Avocette will setup 10 named staff user login accounts . In terms of specific output, the following will be executed for this deliverable : Avocette Responsibilit ies : • Provide timely and appropriate responses to Agency 's request for information . • Deliver and provide instructions on the Accela BPT Roles and Functions Matrix document • Create named staff user login accounts and deliver account credentials to Agency Agency Responsibilities : • Provide timely and appropriate responses to Avocette 's requests for information . • Arrange for the availability of appropriate Agency staff to provide a list of Agency user accounts and indicate which user group role the user is to be assigned . • Agency staff must review the Accela Roles and Functions Matrix document • Agency staff must provide list of user accounts and indicate user group role feedback based on Avocette and Cupertino 's agreed upon project plan timeline • Schedule appropriate Agency staff participants and meeting locations for activities. Acceptance Criteria: Confirmation of staff user accounts are created by logging into Civic Platform with valid credentials. DE LI VERABLE 4: ANALYSIS SESSIONS Avocette will work with the Agency to define and document the configuration requirements for the 95 record types that will be configured in the Accela system . There are complex records which will require a ma in record and one or more subrecords (child records). Appendix A provides a list of all record types that will be configured . In order to develop the content for the analysis document(s), Avocette will work closely with Agency personnel and will conduct analysis sessions to capture the "to-be " required business processes. In conjunction with the Agency representatives , Avocette will perform the following tasks: • Review and understand existing business processes intended for migration into Accela Civic Platform. • Review the developed business process as a basis for configuration in Accela Civic Platform 's workflow tool. • Assist the Agency in streamlining existing business processes for fit into Accela Civic Platform. • Collect employee names and associated roles and identify user group setups. • Review the collected document intake requirements , forms , and data fields for each process . • Review the collected document output requirements (documents/letters/reports). • Review the collected document fees , fee schedules , and collection procedures for each process . • Review the collected document all required inspections and inspection result options for each type. In terms of specific output, the following will be executed for this deliverable: >-Analysis data gathering activities including interviews and web conferencing sessions. © 2017 Version 2 .0 Page 8 38 Change Order Avocette Responsibilities: • Provide timely and appropriate responses to Agency 's request for information. • Interview staff in order to understand existing business processes. • Conduct requested sessions to capture the required business processes to be automated with in the system . • Conduct meetings via email, web conference and phone to complete required consu lting . Agency Responsibilities : • Pro vide timely and appropriate responses to Avocette 's requests for information . • Make available the appropriate Agency key users and content experts to provide required information , participate in the configuration analysis and verify the accuracy of the documented workflows , inpuUoutput formats, and data elements. • Provide any exist ing business process documentation , including process flows ; fee schedules; commonly used applications , reports and forms ; and other relevant information . • Schedule participants and meeting locations for analysis and documentatio n activities. Acceptance Criteria : • Draft of the Analysis Documents for each record type . DELIVERABLE 5: ANALYSIS DOCUMENTATION Analysis Document(s) will be developed by Avocette based on the information gathered in Deliverable 4: Analysis Sessions. Th is do cument(s) will serve as the 'blueprint ' for processes throughout the implementation project. Upon completion of the document(s), Avocette will conduct a formal review with Agency for the purpose of approval and sign-off on the deliverable . In terms of specific output , the following will be executed for this deliverable : >" Analysis documents detailing the configuration that will be completed for the record types . Avocette Responsibilities : • Provide timely and appropriate responses to Agency 's request for information. • Interview staff in order to understand existing bus iness processes . • Build selected prototypes to demonstrate proposed funct ional ity . • Conduct meetings via email , web conference and phone . • Prepare and complete analysis document(s) capturing the Agency 's business processes to be included in the configuration (template provided in Appendi x C) Agency Responsibilities : • Provide timely and appropriate responses to Avocette's requests for information. • Schedule participants and meeting locations for analysis and documentation activities . • Review and provide feedback on the analysis document(s) © 2017 Version 2 .0 Pag e 9 39 Change Order ~ccep ance Cr iteria : • Review the analysis document(s) and validate that the content accurately reflects the business processes data that will be included in the Accela Civic Platform configuration . • Agency will have 5 business days to conduct initial review of the analysis document(s). If no changes or comments are requested with in the 5 days , the analysis document(s) is considered approved by the Agency. Upon delivery of init ial feedback , Avocette will complete the necessary changes and updates . The second and final review will have 3 business days for acceptance. DELIVERABLE 6: CONFIGURATION, BUSINESS RULES, AND QUALITY ASSURANCE Avocette will provide professional services to develop the configuration of the Accela Civic Platform in accordance with requirements established and documented in Deliverable 4: Analysis and Documentation . During the configuration phase Avocette will identify opportunities to supplement the Accela Civic Platform base functionality via Event Manager Script Engine (EMSE) scripts and Expression Builder in order to validate and automate business processes . Avocette will work with Agency to identify desired functionality , and subsequently will asslst with prioritizing the needs in order to determine that will be developed by Avocette within the scope of this implementation . The Business Process Validation and Automation developed by Avocette can be used as models whereby agency staff can develop and modify additional functionality as needed. Scripting will include items listed in Appendix B. In terms of specific output , the following will be executed for this deliverable: >" Prioritized list of requirements that require Automation >" Specification documents for each required Automation >" Demonstration of completed Automations in development or test environments per the specifications document(s) >" Quality assurance of the configuration and EMSE scripts and Express ion Builders . >" Completed Foundation of Accela Civic Platform Solution that supports the analysis documentation Avocette has broken down the deliverables for this phase into the following: ~;: ~/<.: ~:, t_ :: I ~ : :>•; 6A Accela System Configuration 6B Business Rules 6C Quality Assurance Avocette Responsibil ities: • Provide timely and appropriate responses to Agency 's request for information. • Assist with development of list of desired functionality • Aid the Agency in prioritizing which scripts will be developed by Avocette • Develop scripts based on the specifications • Demonstrate functionality of scripts per specifications • Configure the foundational components as defined in the analysis document(s). © 2017 Version 2.0 Page 10 40 Change Order • Provide timely and appropriate responses to Avocette 's requests for information. • Allocate the time for qualified business and technical experts for the script requirements sessions that are • critical to the project success • Identify resources that will learn scripting tools and approaches for ongoing maintenance • Priorit ize desired functionality to determine which scripts Avocette will develop • Verify the Script Specification meets the intended business requirement • Allocate the time for qualified personnel to test the script for acceptance • Make available the appropriate Agency key users and content experts to provide required information , participate in the configuration analysis and verify the accuracy of the documented workflows , input/output formats , and data elements. • Work with Avocette to verify that the system meets the foundational requirements documented in the analysis document(s). • The Agency will test the system for purposes of validating the configuration. Acceptance Criteria : • Review and acceptance of design document with written sign-off from the Agency • Demonstration of all developed scripts within the system to the Agency • Review and approve that the Accela Civic Platform Solution Foundation meets the requirements documented in the approved analysis document(s). DELIVERABLE 7: LICENSED PROFESS IONAL CSLB INTERFACE Avocette will develop an interface to the California State Licensing Board (CSLB). The interface will search for licensed contractors based on state license number . If a license contractor is not found or is the license has expired an error message will appear. If the license is found the relevant information will be populate on the Accela form. In terms of specific output, the following will be executed for this deliverable: >-Validation and population of Licensed Professional information in the Accela system Avocette Responsibilities: • Provide timely and appropriate responses to Agency 's request for information. • Document , develop and test the CSLB interface. Agency Responsibilities: • Provide timely and appropriate responses to Avocette 's requests for information . • Review and sign-off on interface documents. • Test and approve that the interface meets Agency requirements. Acceptance Criteria : • Successfully search for and retrieve loaded Licensed Professional information by logging into the Civic Platform with valid credentials © 2017 Version 2 .0 Page 11 41 Change Order DEDVE~BtFS: EBEX CIVIC "f'LATFOR M ADMINISTRATIVE TRAINING Avocette will provide instructor lead training via WebEx engagement for Agency staff that focuses on the administration, maintenance and augmentation of its Civic Platform configuration. The platform includes access to a large library of training materials in Accela 's Success Community system. Each agency staff user should request login credentials and gain access to the video tutorials , how-to documents and administrator user guides . Access the Accela Success Community link to view Administrative User training content https://ac ce la .force .com /success/articles/Train in q/T raining-System-Administrators-lndex?popup=true Agency staff is expected to read and review the online content in advance to better prepare for the instructor lead WebEx training . In terms of specific output , the following will be executed for this deliverable: » Access to Accela Success Community online training content » Instructor lead Civic Platform Administrative Training (agenda provided) via WebEx engagement Avocette Responsibilities: • Provide timely and appropriate responses to Agency 's request for information. • Provide Agency the Accela Success Community website , provide instruction on how to register and login , along with how to search for and find the online training content. • Coordinate with Agency and schedule the appropriate day/time to deliver the Civic Platform Administrative Training content outlined in the provided agenda . • Provide Civic Platform Administrative Training Agenda training content • Prov ide Agency the WebE x engagement information for the Civic Platform Administrative training. Agency Responsibilities : • Provide timely and appropriate responses to Avocette requests for information . • Provide the Accela Success Community website to the staff users who will requ ire the online training content. • Ensure that users are proficient in using PC 's as a prerequisite before accessing the online training content. • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course . • Ensure that users have appropriate hardware/software for successfully viewing online video co ntent. • Ensure that users are successfully reading and completing the recommended online course content throughout project implementation . • Schedule appropriate Agency staff participants and meeting locations for training activities . Acceptance Cr iteria: • Access Accela Success Community on line training • Del iver the Civic Platform Administrative Training (agenda provided) DELIVERABLE 9: WEBEX CIVIC PLATFORM DAILY END USER TRAINING Avocette will provide instructor lead training via WebE x engagement for Agency staff that focuses on the daily end user activities , such as basic software navigation , record creation and updates , workflow progression , fee invoicing , processing payments , scheduling and resulting inspections . The aim is to educate Agency resources on how to successfully process a record (permit , license or work order). Avocette will focus the training on what the Agency normally does operationally , the services that take up the majority of the Agency staff time . Therefore , the Agency will select 2 - 4 record processes and Avocette will focus the training on the selected record types . In terms of specific output , the follow ing will be executed for th is de li ve rable : © 2017 Versi o n 2 .0 Page 12 42 Change Order ~ Access to Accela Success Community online training content ~ Instructor lead Civic Platform Daily End User Training (agenda provided) via WebEx engagement ~ Avocette will focus training content on the 2 - 4 record processes selected by the Agency Avocette Responsibilit ies : • Provide timely and appropriate responses to Agency 's requests for information. • Provide Agency the Accela Success Community website , provide instruction on how to register and login, along with how to search for and find the onl ine training content. • Coordinate with Agency and schedule the appropriate day/time to deliver the Civic Platform Daily End User Training content outlined in the provided agenda. • Provide Civic Platform Daily End User Training Agenda training content and focus on the 2-4 record processes identified by Agency • Provide Agency the WebEx engagement information for the Civic Platform Daily End User training. Agency Responsibilities : • Provide timely and appropriate responses to Avocette requests for information . • Provide the Accela Success Community website to the staff users who will require the online training content. • Identify and provide specific Agency procedural details on 2 - 4 record processes in which Avocette will teach for the instructor lead training session. • Ensure that users are proficient in using PC 's as a prerequisite before accessing the online training content . • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. • Ensure that users have appropriate hardware/software for successfully viewing online video content. • Ensure that users are successfully reading and completing the recommended online course content throughout project implementation . • Schedule appropriate Agency staff participants and meeting locations for training activities . Acceptance Criteria : • Access Accela Success Community online training • Deliver the Civic Platform Daily End User Training (agenda provided) DELIVERABLE 10: HISTORICAL AND IN-FLIGHT DATA CONV ERS ION ANAL YSIS Upon receipt of Agency 's Legacy data , Avocette will create a Data Conversion Mapping Document detailing the data conversion process, mutually agreed upon requirements and mapping of Agency 's historical data into the Accela Civic Platform. Appendix D provides an overview of the conversion process . In terms of specific output , the following will be executed for this deliverable : ~ Data conversion mapping document. Avocette Responsibilities: • Work with the Agency to define and document historical data elements that are required for the conversion. • Facilitate the data analysis and mapping process • Complete the Data Conversion Specifications Document. Agency Responsibilities: • Provide historical data in acceptable formats . © 2017 Version 2 .0 Page 13 43 Change Order • Proviae su l5Ject matter experts on th e dat a sou rc e to aid Avocette in identifying key components of the historical data. • Provide subject matter experts on the historical configuration to aid in the data mapping process. • Review and sign-off on completed Data Conversion Specifications document. Acceptance Criteria : • The Data Conversion Specifications document identifies historical data elements that will be converted into Accela Civic Platform as well as document special consideration (ex . merging data sources, phasing, etc.) Acceptance Review Period: • Ten (10) business days total DELIVERABLE 11: HISTORICAL AND IN-FLIGHT DATA CONVERSION DEVELOPMENT Upon Agency approval of the Historical Data Conversion Specifications document , Avocette will provide a program(s) to migrate appropriate historical data into Accela Civic Platform . Upon receipt of the conversion from Avocette , the Agency OBA will load the data into the Test env ironment for validat ion . In terms of specific output, the following will be executed for this deliverable : >-Completion of migrated data into Accela Civic Platform development or test environment. Avocette Responsibilities: • Provide a program to migrate historical and in-flight data into the Agency 's AA test database environment. • Each data conversion will include up to three (3) conversion loads for client testing. • Validate the successful completion of the migration of historical data into the Agency 's test environment. Agency Responsibilities : • Providing the legacy data source in an accepted format. • Assist in the execution of the data conversion program and provide access to environments as needed. • Provide resources to validate the conversion statistics and the quality of the data converted into Accela Civic Platform Acceptance Criteria: • Historical and in-flight data has been converted to Accela Civic Platform testing environment according to the Data Conversion Mapping document. Acceptance Review Period: • Ten (10) business days total DELIVERABLE 12: DOCUMENT RECORD CONVERS ION Following the data conversion of the historical and in-flight data the documents attached to the legacy data will be loaded into the Accela system on a record-by-record basis . In terms of specific output, the following will be executed for this deliverable : >-Completion of document migration to the converted records . Avocette Responsib ilities : • Provide an interface to transfer the converted data documents on a record-by-record basis . © 20 17 Version 2.0 Page 14 44 Change Order a id ate !fie successful completion of the migration of documents into the Agency 's test environment. Agency Responsibilities: • Providing the documents on an accessible shared directory with directories for each converted records. • Metadata and documents to be imported will be in the directories. • Provide resources to validate the document conversion. Acceptance Cr iteria: • Historical data has been converted to Accela Civic Platform testing environment according to the Data Conversion Mapping document. DELIVERABLE 13: GIS DEPLOYMENT Avocette will coordinate the setup and configure Accela GIS to link and leverage existing City GIS information, including assistance with establishing the map service to be used in conjunction with Accela GIS . The following are the main objectives being pursued through the implementation of the Accela GIS: • Look up permit information and parcel information from the Permitting system • View selection, location, and associated GIS information • Select one or more parcels and add new applications to the permit system During GIS installation, Avocette 's technical staff will work with Agency IT staff to ensure that the components for hardware, software, database , network, and Internet are in place for the Accela GIS test and production environments . Avocette technical staff will validate the proper installation and configuration of the Accela GIS environment. In terms of specific output, the following will be executed for this deliverable: >-Accela GIS setup >-Attribute Mapping to 1 group of Application/Record data fields Avocette Responsibilities : • Demonstrate Accela GIS applications are operational thus communicating with the Accela Civic Platform system • Assist the Agency in identifying and developing additional Attribute Mappings , Proximity Alerts and Dynamic Themes Agency Responsibilities: • Arrange for the availability of appropriate staff for setup, testing , and quality assurance throughout the setup process • Provide people and physical resources based on the dates outlined in the project schedule • Provide Avocette with network access for remote installation and testing • Provide information and data in the formats specified by Avocette that will be needed for the GIS implementation © 2017 Version 2 .0 Page 15 45 Change Order DELIVERABLE 14: DOCUMENT MANAGEMENT SYSTEM INTERFACES For each in terface, the Avocette technical lead will work together with City 's technical lead and/or business leads to document functional requirements and technical spec ifications of the interface in an Interface Spec ifications Document. Interface development begins upon written approval of the specifications . It is expected all interfaces will use Accela's Gov XML , web services or batch engine. No custom or third party integration tool will be used to accomplish input or output of data to/from the Accela system. In other words , data coming into Accela and datc1 coming from Accela will use the existing integration technology . Cupertino 's responsibilities include obtaining permission for level/type of integration from appropriate application owners (including on premises or cloud/hosted , etc .). The City will also ensure Avocette resources have access to a Development or Test version of the 3rd party system for interface development and unit testing . All interfaces will be developed against 1 (one), agreed upon version of the Jrd party system . Avocette will conduct Analysis and Development for each system that will be interfaced with Accela within the scope of this implementation . INTERFACE ANALYSIS In order to determine the City requirements for each interface , analysis sessions will be conducted as a portion of this deliverable . The findings will then be documented in the Interface Specifications Document(s) for use by Avocette in build ing the interface code. The implementation of the interface is dependent on the assistance of the City 's staff, specifically, interface analysis , data mapping , and data manipulation as required in the source system . Avocette will provide a program to integrate Jrd Party data to/from Accela Civic Platform . Business Process Anal sis & Pro·ect Mana ement Oversi ht In terms of specific output , the following will be executed for this deliverable : ~ Interface Specification Document(s) ~ Configuration & Testing of Project Do x and Laserfiche Interface Avocette Responsibilities : • Provide timely and appropriate responses to the Cupertino 's request for information • Conduct Interface Analysis sessions • Work with the City staff to develop interface specificat ions document Agency Responsibilities: • Provide timely and appropriate responses to Avocette 's request for information • Provide system and access to individuals to provide required details of system interface · • Assist in the interface specification development and data mapping process . • Review and approve the interface specification documents . • Work with Third Party Data Sources to determine best methods of interfacing to Accela system . © 2017 Vers ion 2.0 Page 16 46 Change Order Acceptance Review Period: • The City will have 5 business days to conduct an initial review of the Interface Specification document(s.) If no changes or comments are requested within the 5 days , the Interface Specification document(s.) is considered approved by the City. Upon delivery of initial feedback , Avocette will complete the necessary changes and updates. The second and final review will have 3 business days for acceptance. If no changes or comments are requested within the 3 days , the Interface Specification document(s .) is considered approved and eligible for invoicing . DELIVERABLE 15: NEW WORLD FINANCIAL SYSTEM INTERFACE For this interface, the Avocette technical lead will work together with County's technical lead and/or business leads to document functional requirements and technical specifications to draft an Interface Specifications Document. Interface development begins upon written appr.oval of the specifications . It is expected that this interface will use a batch engine that extracts data from the Accela Platform and creates a flat file for consumption by the New World system . The importation of the flat file into New World will be the responsibility of the agency. No custom or third party integration tool will be used to accomplish input or output of data to/from the Accela system . In other words , data coming into Accela and data coming from Accela will use the existing integration technology. Cupertino 's responsibilities include obtaining permission for level/type of integration from appropriate application owners (including on premises or cloud/hosted , etc .). Cupertino will also ensure Avocette resources have access to a Development or Test version of the 3rd party system for interface development and unit testing if required. The interface will be developed against 1 (one), agreed upon version of the 3rd party system. Avocette will conduct Analysis and Development for the system to be interfaced with Accela within the scope of this implementation. 15 .11NTERFACE ANALYSIS In order to determine Cupertino's requirements for the New World interface , an analysis session will be conducted as a part of this deliverable . The findings will then be documented in the Interface Specifications Document(s) for use by Avocette in building the interface code. The implementation of the interface is dependent on the assistance of the City 's staff, specifically , interface analysis , data mapping , and data manipulation as required in the source system . In terms of specific output , the following will be executed for this deliverable: >,, Interface Specification Document(s) >,, Data extract batch job and associated flat file based on the agency approved specification Avocette Responsibilities : • Provide timely and appropriate responses to the San Benito 's request for information • Conduct Interface Analysis sessions • Work with the County staff to develop interface specifications document • Create and unit test the batch job and file creation Agency Responsibilities: • Provide timely and appropriate responses to Avocette 's request for information • Provide system and access to individuals to provide required details of system interface • Assist in the interface specification development and data mapping process. © 2017 Version 2 .0 Page 17 47 Change Order • Review an approve tne in terface spec ifi ca tion documents. • Work with Third Party Data Sources to determine best methods of interfacing to Accela system. DELIVERABLE 16: OUT-OF-SCOPE BPT CONFIGURATIONS & RECEIPT REPLICATION Avocette will configure the following items identified as being out-of-scope from standard Best Practice Template deployment. Scenario 1: Process Permit Application Submitted Online. Out of the box messages do not leverage deep links ; For this scenario deep links are hyperlinks embedded in the body of the email that , when clicked , takes the user to that application in the web portal. This would require a notification template and scripting to send the email with the appropriate links -ESTIMATE= 10 hours/email. Scenario 2: Electronic Document Review -Third party document review software to be identified and could handle correction letter or could be developed with additional configuration based on city needs. Notification letters can be configuration and automated-ESTIMATE= 10 hours/record type . Scenario 3: Amend an Existing Permit Applicants can add documents at any time after submission , however if actual amendment records are required, they can be added to the project with additional configuration . [MB] Amendment Records are non BPT new records that typically require configuration and scripting to build -ESTIMATE = 10 hours/amendment record. Scenario 4: Customer Views Inspection Results Targeted messages can be managed by the agency administration or added to the project with additional configuration . Scripting would be required for targeted messaging -ESTIMATE= 10 hours/record type. Scenario 5: Replication of Agency Building Permit Placard versus standard report issued via Civic Platform http://64.165 .34.13/WebLink/DocView.aspx?dbid=O&id =359352&paae =1 &cr=1 -ESTIMATE= 35 hours/permit type . Meeting the requirements of the City of Cupertino Demonstration Scripts The following lists the scenarios in the Cupertino demonstration script with an indication as to the Civic Platform meeting the requirement with the current proposal from Accela and Avocette , which is the Accela Civic Platform with Best Practice Templates combined with the Avocette Project Scope of Work. The Civic Platform fully supports every scenario and capability , and in the five cases where the current project scope does not , the additional configuration have been added to the SOW as detailed (highlighted) below . © 2017 Version 2 .0 Page 18 48 Change Order Meets the Requirement Civic Delivery Name Scenario Platform Services as Comments with Best outlined in Practices Scope of Work Scenario 1: An HVAC contractor comes into ../ / the office ... Out of the box messages do not leverage deep links, however they could be included with additional configuration based on city needs . [MB] For this scenaho deep links are Scenario 2: Process permit application hyperlinks embedded in the body of submitted online ../ / the email that, when clicked, takes the user to that application in the web Permit portal. This would require a Management notification template and scripting to send the email with the appropriate links -ESTIMP..TE = 10 hours/email. Third party document review software to be identified and could handle correction letter or could be developed Scenario 3: Electronic document review ../ / with additional configuration based on city needs . [MB] Notification letters can be configuration. and automated - ESTIMATE = 10 hours/record type . Scenario 1: An Engineering Planner is ../ ../ interested in conductinq ... If the city chooses XA PO integration , parcel genealogy would be managed GIS Fu nct ionality in ArcGIS [MB] Accela GIS (AGIS) Scenario 2: Maintain Addresses and Parcels ../ / configuration is included -D17 -GIS Deployment In the SOW we also commit to 1 attribute mapping -so we could map historical parcel ID. Scenario 1: Scheduling Inspections ../ ../ Ins pec t ion Scenario 2: Manage Inspector workload ../ ../ Ma nageme nt Scenario 3: Individual Inspector management tools ../ ../ Mobile Inspe ct ions Scenario 1: Day in the life of an Inspector ../ ../ Scenario 1: Applicant comes in to counter or ../ ../ calls on the phone ... Dynamically presenting fields according to agency rules can be Plan M anag eme nt Scenario 2: General application creation added to the project with additional ../ / configuration [MB] We do not commit process to scripting or expression builders (EBs) in the SOW. 'vVe could use Deliverable 15--Admin Training to © 2017 Version 2 .0 Page 19 49 Change Order r ,.,,..,_.._ train them on this -they can do it themselves. Scenario 3: Applicant wants to apply for ,./ ,./ permit on line or apply ... Scenario 4: Planner takes in online permit ,./ ,./ and requires revisions ... Scenario 5: Staff needs to create mailing ,./ ,./ labels . Scenario 6: Staff receives application and ,./ ,./ needs to manaqe ... Scenario 7: Show how fees auto generate , ,./ ,./ how deposits are .... Scenario 1: Applicant comes in to counter or ,./ ,./ calls on the phone ... Scenario 2: General application creation ,./ ,./ process Scenario 3: Applicant wants to apply for ,./ ,./ permit on line ... Scenario 4: Planner takes in online permit ,./ ,./ and requires revisions ... Scenario 5: Staff needs to create mailing ,./ ,./ labels. Scenario 6: Staff receives application and ,./ ,./ needs to manage ... Scenario 7: Show how fees auto generate , ,./ ,./ how deposits are dealt ... Scenario 1: A large subdivision construction ,./ ,./ project with multiple ... Scenario 2: A residential contractor is submittinq an ... ,./ ,./ Applicants can add documents at any time after submission, however if actual amendment records are required, they can be added to the Scenario 3: Amend an existing permit ,./ ,/ project with additional configuration. [iv1B] Amendment Records are non BPT new records that typically require Res id ent ial Se lf configuration and scripting to build - Service ESTIMATE= 10 hours/amendment record. Scenario 4: Request an Inspection against ,./ ,./ an existinq permit Scenario 5: Submit an anonymous code ,./ ,./ enforcement complaint online Scenario 6: Allow customers to run reports ,./ ,./ online Targeted messages can be managed by the agency administration or added Scenario 7: A customer views inspection ,./ ,./ to the project with additional results and receives ... configuration. [MB] Scripting would be required for targeted messaging - ESTIMATE = 10 hoursirecord type. © 2017 Version 2.0 Page 20 50 I-- Change Order .. --Scenarib~1 :1. Customer visits the online portal and realizes ... -/ -/ Scenario 1 :2. Customer wishes to manage -/ -/ his/her account information. Scenario 1 :3. Customer wishes to obtain a fee estimate ... -/ -/ Scenario 1 :4. Submit an application for a -/ -/ new Subdivision Plan Scenario 2: Submit an application for a Sinale Family ... -/ -/ Scenario 3: 1. Logged in as another -/ -/ contractor that already ... Scenario 3: 2. Demonstrate how a customer could amend details of an ... -/ -/ Scenario 4: 1. Logged in as another -/ -/ contractor that already has permit ... Scenario 4: 2. Request an optional -/ -/ inspection against a permit Scenario 4: 3. Reschedule the requested -/ -/ inspection Scenario 4: 4. Cancel the requested -/ -/ inspection Scenario 5:1 . Without being logged into the -/ -/ web porta ... Scenario 6:1. Show where online customers can access reports ... -/ -/ Scenar io 6:2. Show how reports can be -/ -/ targeted to specific ... Agency specific alerts to online users can be managed by the agency administration or added to the project Scenario 7:a. Show how an online user -/ -/ with additional configuration. [MB] views inspection results ... This is outside of the scope. Wiil need to do some investigating on effort/cost if they want to move forward with this feature . DELIVERABLE 17: REMOTE USER ACCEPTANCE TESTING (UAT) Avocette will provide of support for training , oversight, answering questions and addressing issues discovered during 3 Days of Remote User Acceptance Testing . It should be noted that it is critical that the Agency devote ample time and resources to his effort to ensure that the system is operating per signed specifications and ready for the move to production. The testing effort will require a significant time investment by the Agency, and coordination of resources is critical . At this point in the implementation process, the Agency should test individual components of functionality of the solution (i .e., functional and/or unit testing), and also test to ensure that the interrelated parts of the Accela Civic Platform solution are operating properly (i.e ., integration testing). © 2017 Version 2.0 Page 21 51 Change Order DELIVERABLE 18: ONSITE ENGAGEMENT & PROJECT QUALITY ASSURANCE Upon Initiation of professional service work Avocette will visit Cupertino for a Project Kick-Off session to orientate agency personnel with the online tutorials and engage with the City 's Project Manager and related stakeholders to refine roles/responsibilities , and review business processes to align with configuration of Accela Civic Platform Best Practice Templates. The Project Kickoff Visit will entail 2 Days (up to 16 hours) onsite at start of project. The second crucial stage of implementation is just prior to "Go-Live " -Avocette will conduct a second visit for a duration of 3 Days (up to 24 hrs.) wherein our assigned Project Manager will provide assistance to the Agency ensure the solution meets the requirements as documented in all the deliverables. Avocette will work with the Agency in the testing and validation of the solution and its readiness to be migrated to production for active use at time of deployment. DELIVERABLE 18A: ONSITE ADMIN TRAINING Avocette will provide training for Agency staff that focuses on the administration, maintenance , and augmentation of its Accela Civic Platform configuration . Our aim at Avocette is to educate Agency resources on all aspects of Accela Civic Platform in an effort to enhance the Agency 's self-sufficiency. This allows the Agency to best react to changing requirements and ongoing maintenance, which can allow the Agency to be proactive and significantly reduce system maintenance costs over time . In terms of specific output , the following will be executed for these deliverables (18 & 18A): ).> 2 Days Project Kickoff & Business Process Review ).> 1 Day Agenda Planning & Course Prep ).> 4 Day Administrative Training Course (Up to 32 hrs .) ).> 3 Days Onsite Production Deployment Support Avocette Responsibilities : • Coordinate with the Agency to define training schedule and logistics. • Deliver training per the specific requirements listed above. Agency Responsibilities : • Select and prepare the power-users who will be participating in the training and subsequently training end users . • Arrange the time and qualified people for the training who are critical to the project success. • Provide suitable Agency facilities to accommodate various training classes. • Ensure that users are proficient in using PC 's in a Windows environment as a prerequisite for the course. • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. Acceptance Criteria : • Execution of listed training courses © 2017 Version 2.0 Page 22 52 Change Order COS1SCREDUC Avocette will perform the Services below based on the deliverables outlined in this SOW. The pricing is based on the expected staffing requirements , project schedule , Avocette 's and Customer's roles and responsibilities and the other assumptions set forth in this SOW . Avocette's total price to perform the Services and provide the Deliverables described is $_288 ,641.65_ exclusive of taxes and travel expenses (the "Fixed-Fee "). The Fixed-Fee price is based on the information available at the time of signing and !he assumptions , dependencies and constraints , and roles and responsibilities of the Parties , as stated in this SOW . Avocette will invoice the City of Cupert ino on a monthly basis for each of the completed deliverables . At th is time Avocette has bil led for deliverables 1, 3, and 9 ($2,783 .33 for each de liverab le). © 2017 Version 2.0 Page 23 53 Change Order Premium Package Deliverable Price AA System Setup 1 $2 ,783.33 Self-Directed Online Tra ining (Non-Billable) 2 $0 Setup of Agency Staff User Accounts 3 $2 ,783 .33 Analysis Sessions (114 Hours) 4 $15,390.00 Analysis Documentation (171 Hours) 5 $23,085.00 Configuration of the Accela System (406 Hours) 6A $54,837.00 Business Rules (135 Hours) 6B $18 ,279 .00 Quality Assurance (135 Hours) 6C $18 ,279 .00 Licensed Professional CSLB Interface 7 $2 ,783 .33 WebEx (Remote) Admin Training 8 $2 ,783.33 WebEx (Remote) End-User Training 9 $2 ,783 .33 Historical and In-flight Data Conversion Analysis and 10 $16 ,200 Documentation (120 Hours) Historical and In-flight Data Conversion Development (180 Hours) 11 $24 ,300 Document Conversion (64 Hours) 12 $8 ,640 GIS-ESRI Deployment (92 Hours) 13 $12,420 Document Management Interfaces (250 Hours) 14 A,B $33 ,750 Project Management Oversight (100 Hours) 14 C $13,500 New World Financial Interface (88 Hours) 15 $ 11 ,880 Out-of-Scope BPT Items & Permit Replication (75 Hours) 16 $10,125 Remote User Acceptance Testing (UAT 3Days) (24 Hours) 17 $3 ,240 Onsite Engagement Project Kick-Off & QA (40 Hours) 18 $5,400 Onsite Administrative Training (40 Hours) 18A $5,400 Total Avocette Services $288,641.65 CHANGE TO AGREED TO SCOPE The price above is based on the information available at the time of signing and the assumptions , dependencies constraints, roles and responsibilities of the Parties , as stated in this SOW. Should there be changes to the scope , timeline or resources that increases the hours or costs needed to complete the project, a Change Order may be issued to address the increase in scope or costs. Avocette will endeavor not to exceed the total estimate amount without the prior approval of Customer; however should the Customer request additional work outside of the scope defined above , then Avocette will calculate the value of any change orders required to address the additional work at a rate of $135 .00 per hour plus applicable expenses if any . Should the Customer and Avocette agree that any of the assumptions used to provide the fi xed price quotation are in valid resulting in additional costs , then Avocette reserves the right to negotiate with the Customer to address these cost overages. © 20 17 Version 2 .0 Page 24 54 Change Order EXPENSE : Actual amounts of any reasonable and customary travel expenses incurred during the performance of services under this SOW will be billed to Agency, according to Avocette 's expense policy. Avocette will bill Customer for actual expenses incurred for travel and lodging/living, as well as other approved out-of-pocket expenses (such as mileage , parking, tolls and telecommunications charges). Avocette will work with Customer to manage and control its expenses in accordance with Avocette travel policy guidelines and will not incur expenses in excess of the initial contracted budget below without Customer's prior written consent. Expense receipts will be made available as requested by Agency. Total estimated expenses are based on past engagement experience. Based on the assumption that there will only need to be 3x onsite trips at an estimated $_3 ,500.00_ each, the travel expense budget estimate is$_ 10,500.00_ Acceptance: Accepted By: Avocette Technologies Authorized Signature Stewart Jack Name -Type or Print Title Date © 2017 Version 2 .0 Accepted By: City of Cupertino Authorized Signature Name -Type or Print Title Date Page 25 55 Change Order END1 -ROJE'CT RECORD TYPES The following record/permit types will be included as part of Deliverables 4 and 5. Building Applications Building Major Applications BLDG/COMM/NEW BLDG/COMM/ADD BLDG/COMM/ALT BLDG/COMM/MECHANICAL BLDG/COMM/ELECTRICAL BLDG/COMM/PLUMBING BLDG/COMM/SOLAR BLDG/COMM/SIGN BLDG/COMM/RE-ROOF BLDG/COMM/POOL-SPA BLDG/COMM/DEMO BLDG/COMM/Tl PREP BLDG/RES /NEW BLDG/RES/ ADD BLDG/RES/ALT BLDG/RES /MECHANICAL BLDG/RES /ELECTRICAL BLDG/RES/PLUMBING BLDG/RES/SOLAR BLDG/RES/RE-ROOF BLOG/RES/POOL-SPA BLDG/RES/DEMO BLDG/MULTIFAMILY/NEW BLDG/MUL Tl FAMILY/ADD BLDG/MUL Tl FAMILY/ALT BLDG/MULTIFAMILY/MECHANICAL BLDG/MULTIFAMILY/ELECTRICAL BLDG/MUL Tl FAMILY/PLUMBING BLDG/MULT IFAMILY/SOLAR BLDG/MULTIFAMILY/RE-ROOF BLDG /MULTIFAMIL Y/POOL-SPA BLDG/MUL Tl FAMILY/DEMO Building Sub-Applications Mechanical Electrical Plumbing © 20 17 Ve rsion 2.0 Page 26 56 Change Order Misc Planning Applications General Plan Amendment Authorization General Plan Amendment -Major General Plan Amendment -Minor Zoning Map Amendments -Major Zoning Map Amendments -Minor Zoning Te xt Amendments Specific Plans Development Agreements Development Permit -Major Development Permit -Minor Development Permit -Amendment Use Permit -Major Use Permit -Minor Use Permit -Adminstrative Use Permit -Adult-Oriented Commercial Use Permit -Temporary Use Permit -Amendment Density Bonus (Residential) Architectural and Site Approval -Major Architectural and Site Approval -Minor Director's Minor Modification Hillside Exception Height Exception Heart of the City Exception Variance Status of non-conforming use Wireless Antennas Sign Neon -Neon Sign Readerboard -Readerboard Sign Freeway-Oriented -Freeway-Oriented S~nProgram-S~nProgram Exceptions Parking Exceptions Front-yard Interpretation Two-Story Design Review R1 Exception Minor Residential -Rear Yard Encroachment © 2017 Version 2.0 Page 27 57 Change Order Minor Residential -Extension of Non-Conforming Wall Line Minor Residential -Projection Beyond Building Envelope Minor Residential -New Deck or Balcony Minor Residential -Expanded Deck or Balcony Minor Residential -Sloped Lot Above 20% with 35% FAR Tree Removal -Dead Tree Removal -Development Tree Tree Removal -Privacy Tree Tree Removal -Speciman Heritage Tree -Removal Heritage Tree -Designation Tree Management Plan Retroactive Tree Removal Reasonable Accomodation Extensions Tentat ive Map -Subdivision Maps (five or more parcels) Tentative Map-Parcel (four or less parcels) Public Works Encroachment Permit Grading Permit Revocable Encroachment Permit PW Miscellaneous © 2017 Version 2.0 Page 28 58 Change Order ~PPENDIX" -SCRIPTIN G DEFINIT IONS The table below list the scripts that will be applicable to Deliverable 5 -Configuration , Scripting , and QA. 1l'lir:l: ·r -,. -' ''*'\ . } .. •t(t :;"-.. ;", ,.'ii:\,-'.III~11111111 111 .. . :/ ·: .' , ... :·: Validation Scripts Script that validates data and prevents submission of a form when the business rule fails. Fee Automation When fees need to be assessed and updated via scripting. Common for customers using legacy products where fee's are already auto-assessing based on user defined fields and other criteria. Record Creation Records are created via scripting , pre-populated and linked to a record hierarchy. General Automation General automation , such as creating and inspection , updating ASI, updatinq workflow, etc .. ACA Page Flow Scripts that dynamically calculates or populates data during the Accela Citizen Access intake process. Expression Builder Validation Script that validates data in a form and prevents submission. Expression Builder Automation Script that updates user defined field, required settings , hidden fields, etc, on a form. © 2017 Version 2 .0 Page 29 59 Change Order RECORD TYPE Business Process OCOMENT ATION TEMPLATE WORKFLOW DIAGRAM © 2017 Version 2 .0 Page 30 60 Change Order Record ID"Mask: BLD17-00001 (BLD$$YY$$-$$SEQ05$$) Workflow Name: Pl kfl f k d ease see wor ow name VISIO or as an f" status con 1Qurat1on . Task Result Octions DepartmenUUser lnpuUoutput Task Specific Information: Duration (days) TSI Group Group Name Field Label Data Type Mandatory Special Instructions Fee Schedule Fee Schedule Name: Fee Name Fee Item Code CoHected Data Calculation/Amount C F Id G N ustom ie roup ame: Subgroup Field Label ACA Label (if Name different) Custom List Group Name : Subgroup Name Column Name Intake Submitta] Form ltkF G Cd n a e orm roup 0 e: Section Display? Address Parcel Owner Licensed Professional Applicant Contact 1 Contact 2 Contact 3 Multiple Contacts Complai nant Info Complaint Info Additional Info Application Status Custom Fields Associated GIS Features © 2017 Versio n 2 .0 Version: Effective Date: Auto- Auto-GLAccount# Special Instructions EMSE# Fee Assess Invoice Indicator Data Type Required Display Special Instructions EMSE# Fee Field? in ACA? Indicator Data Type Required Field? Special Instructions EMSE# Require? Validate? Default Value Display Order Applicant ,. Page 31 61 ~ Change Order Structure Establishment Event Asset Custom Lists Documents Education Continuing Education Examination Comments Document Types Document Code: I Doo•m,m Type Inspections Inspection G C d roup 0 Inspection Type Scheduling in A C A: e: Required? Inspection Type Calendar Name Checklist Group Code: ~- Display in ACA? Schedule or Request? - -. - Required? Schedule Checklist Group Reschedule Cancel Restriction in ACA? Restriction Priority Schedule Schedule Schedule Scheduling Time Range(s) Cut-off # of Days Days in (ie. Morning 8am-12pm) Time Out Advance Checklist Item Required? Carry Major Status Values (Yes, No, Default Max Points Custom Fields Over Violation? NA) Score Group Failed Items? Inspection Result Group Code: Result Label Result Tvoe {Aooroved, Denied, Pendinq) ACA Related Configuration © 2017 Version 2 .0 Page 32 J 62 Change Order PPENDlXD -~TA CONVERSION PROCESS OVERVIEW Proc es s The following table and diagram illustrate the process followed to perf01m a hist01ical data conversion from a legacy system to Accela using the Accela Conversion tool. f Step Process Description Process Task Process Owner i 1. I Migrate legacy data from A enc -----------------·---. I I legacy tables to Accela Populate standard tab les (through scripts or Agency (Avocette to ! l. .. ___ ! _ standard tables ________________ . _any other method)__________________ assist and support) I i 2. I ~o~i~~~:~~:ata to Accela i_:2~~~]e~:~a~a~~i~~i~~::;r~~~~~~e(: :::::::: ~~~~~~~---__ ___ --------! ! Run Accela mapping tool and enter data Avocette . l mapping I 3. , Migrate data from standard r Run Accela conversion tool using data mapping Avocette · ! tables to staging tables entered _____________________ __, Validate migration Avocette 4. I Migrate data from staging Run Accela conversion tool i tables to Acce la tables -r,····································- Avocette .................................................................................... , tte f 5. / Data validation i Validate that the legacy data is displayed in ;__ _ ____ __] ______________ ------------· _ ..... ___ i_ Accela __ application _ as _per .requirements ··-· ··-·-·--"-·-·--........ -....... -.---.. -·--·-----·-.......................... . ,.,...------...... 1··-·1 I I '---.. _____ /) Legacy Data • SQL Server • Oracle • Access • Flat Fil es • Othe r Format © 2 017 Version 2.0 Scrip11 VieN Other Melhod Mapsii!l: 1c Sta~forci , I Fonnat I Standard Migration r==---=J-~' '----- Data Corwersion Toof Configuration Staging Migration Acee/a Standard Tables H is torical Data Convers ion Process from Legacy System --· Accela Ap pli cation Acee/a Tables /--------..... , i'--·-------1 l __ J Acee/a Staging Tables Page 33 63 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND Avocette Technologies Inc. FOR Accela Configuration and Support SERVICES THIS AGREEMENT, is entered into this 21 day of June , 2017 , by and between the CITY OF CUPERTINO , a California municipal corporation ("City"), and A vocette Technologies Inc., a Limited Liability Company whose address is 422 Sixth Street, New Westminster, British Columbia, Canada V3L 3B2 (hereinafter referred to as "Consultant") (collectively referred to as the "Parties"). RECITALS: A . City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code . B. Consultant is specially trained , experienced and competent to perform the special services which will be required by this Agreement. C . Consultant possesses the skill , experience , ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for Accela Configuration and Support upon the terms and conditions herein. NOW , THEREFORE, the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on July 1, 2017, and shall terminate on June 30, 2018, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed One Hundred and Sixty Thousand dollars ($160,000.00) based on the rates and terms set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference. 4. TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5 . STANDARD OF CARE Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Page I o f 11 Cons ultant contract-updated 2/2015 64 Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to , unemployment insurance , workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes , FICA payments, PERS payments , or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required , are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA) Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss , damage , liability , costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination , Consultant agrees that it shall not harass or discriminate against a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race , religious creed , color, national origin , ancestry, handicap , disability , marital status , pregnancy, sex , age, sexual orientation , or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS g' Standard Indemnification: Consultant shall , to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance , with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers , officials , agents , employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them , including any injury to or death of any person or damage to property or other liability of any nature , whether physical , emotional , consequential or otherwise, arising out, pertaining to , or related to the performance of this Agreement by Consultant or Consultant's employees, officers , officials , agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice, expert fees and all other costs and fees of litigation. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification . The provisions of this Section survive the completion of the Services or termination of this Contract. Pag e 2 of 11 Consultan t contra ct -updated 2/2015 65 I 0. INSURANCE: A. General Requirements. On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type , amount, class of operations covered , effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D". Such certificates , which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates . B. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his /her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. Failure to secure or maintain insurance. If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid . D. Additional Insured. City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance , required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium , deductible po11ion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insured City. Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broad e r coverage and maximum Page 3 o f II Consultant contract-updated 2/2015 66 limits of coverage of any insurance policy or proceeds available to the named insured , whichever is greater. 11 . CONFLICT OF INTEREST Consultant warrants that it presently has no interest, and will not acquire any interest, direct or indirect , financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if any conflict arises and understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2 , Division 6, Section 18700 of the California Code of Regulations. I 2. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of Jaw or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void , and any assignee , sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale , assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general , automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition , any work or services subcontracted hereunder shall be subject to each provision of this Agreement. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provision s will be furnished to the subcontractor upon request. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Page 4 o f 11 Consultant contract -updated 2/2015 67 agreement prior to commencement of any work and will provide proof of compliance to City. 14. PERMITS AND LICENSES Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits , certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City , and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project ; and/or ( 4) Other City projects as City deems appropriate. C . Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original , which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 16. RECORDS Consultant shall maintain complete and accurate records with respect to sales , costs , expenses, receipts and other such information required by City that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents , proceedings and activities related to this Agreement. Such records, together with supporting documents , shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after Consultant receives final payment from City for all services required under this agreement. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records , and the City's supplemental Page 5 of 11 Cons ultant contract-updated 2/2015 68 examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith , then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a po1tion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 18. ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: • Using paper products made with recycled content and recycled/remanufactured toner and inkjet cartridges; • Printing with soy or low volatile organic compounds (VOC) inks; • Using energy-star compliant equipment; • Using cleansers and working with janitorial contractors to meet Green Seal's Industrial and Institutional Cleaners Standard; and • Ordering supplies electronically and practicing other internal waste reduction and reuse protocols. 19. NOTICES All notices , demands , requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail , postage prepaid , registered or certified , addressed as hereinafter provided. All notices , demands , requests , or approvals shall be addressed as follows: TO CITY: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Bill Mitchell , Chief Technology Officer TO CONSULTANT: Debbie Strait, Comptroller A vocette Technologies Inc . 422 Sixth Street New Westminster, British Columbia, Canada V3L 3B2 Page 6 of 11 Consultant contract-updated 2/2015 69 20. TERMINATION In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified and according to the requirements set forth in City 's written notice of default , and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The City Manager shall also have the option , at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of termination , Consultant shall immediately discontinue performance. City shall pay Consultant for services satisfactorily performed up to the effective date of termination. If the termination if for cause, City may deduct from such payment the amount of actual damage, if any, sustained by City due to Consultant's failure to perform its material obligations under this Agreement. Upon termination , Consultant shall immediately deliver to the City any and all copies of studies, sketches , drawings , computations, and other material or products, whether or not completed , prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the property of City. 21. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances, rules , policies and regulations enacted or issued by City. 22. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules , and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Santa Clara, State of California. 23. ADVERTISEMENT Consultant shall not post, exhibit, display or allow to be posted , exhibited , display ed any signs , advertising, show bills , lithographs , posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24 . WAIVER A waiver by City of any breach of any term, covenant, or condition contained herein s hall not be deemed to be a waiver of any subsequent breach of the same or any other term , covenant, or condition contained herein , whether of the same or a different character. 25. INTEGRATED CONTRACT Thi s Agreement represents the full and complete understanding of every kind or Page 7 of 11 Consultant contract-updated 2/20 1 5 70 nature whatsoever between the Parties , and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27 . INSERTED PROVISIONS Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either patty. 28. CAPTIONS AND TERMS The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF , the patties have caused the Agreement to be executed. CONSULTANT Avo(l:;t/"~ -" Stewart J~ Title Executive Vice President Date June 21, 2017 ~ /J . ~ CJ -f + /<'<) J_j C..~ D ,4;Pce./f~ } :::j u. "--e._ 2. ~ J L ..J I 7 CITY OF CUPERTINO A Municipal Corporation Consultant contract-updated 2/2015 By '3ti_.,,/a/ Title C77J Date ~ • Z i · J?: D Over $175 ,000-Co uncil Approval Required D Over $45 ,000-Department Head Approval Required D Up to $45 ,000-Designated Supervisor Approval Required ~=ROYAL Na me . Titl e APPROVED AS TO FORM : Page 8 of 11 71 ATTEST: City Clerk ~} ,df-0 -o<.'l -1 7 Exhibits: (Chec k box fo r ex hibits th at a ppl y to thi s contrac t and attach) IZI Exhibit "A"-Scope of Services D Exhibit "B"-Schedule of Performance D Exhibit "C"-Compensation IZI Exhibit "D"-Insurance Requirements and Proof of Insurance D Exhibit "E"-Mandated Reporting Acknowledgement D Exhibit "F"-Background/Fingerprint/TB Declaration D Exhibit "G"-Nondiscrimination-State/Federal/HUD funded project D Exhibit "H" -Request for City Manager to Waive Informal Bidding Requirements EXPENDITURE DISTRIBUTION ACCOU NT NUMBER AMOUNT PO# ~\1-00QOoS-qq Original Contract: (Account I\Y-(£ <$6:-98- Number) ~ rs-J-a -30f3° ~o ~ 70 )-l~~o 1000 ,oo Amendment #1 (date change only) $0.00 Amendment #2: $0.00 Total: N'f f. $9708- ~ IL{), ooo .oo ' Page 9 of I I Consultan t contract-updated 2/2015 72 Contract No . ----- See attached Statement of Work Cupert ino Slnndard Fonn Conlrnc l-upcfotcd 2/20 1 S Exhibit A Scope of Services 10 73 Statement of Work Final Draft Statement of Work Prepared for : The City of Cupertino C © 2016 Version 4 .0 Page 1 74 Statement of Work TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................................................................................... 2 DOCUMENT CONTROL. .................................................................................................................................................................... 3 OVERVIEW ......................................................................................................................................................................................... 4 SERV ICES DE SC RIPT ION ........................................................................................................................................................................ 4 PURPO SE .............................................................................................................................................................................................. 4 PR OJ ECT Tl MELIN E ................................................................................................................................................................................ 4 PR OJ ECT MANAGEM ENT ........................................................................................................................................................................ 4 CRITI CAL SUC CESS FA CTORS ................................................................................................................................................................ 4 PR OJ ECT A SSUM PTI ONS ........................................................................................................................................................................ 5 WORK DE SC RIPTI ON ............................................................................................................................................................................. 6 DELI VERABLE 1: CI VIC PLATFORM SETUP ................................................................................................................................................ 6 DELI VERABLE 2: SELF DIRE CT ED ON LINE TRAINING ................................................................................................................................... 7 DELIVERABLE 3: SET UP OF BE ST PR AC TIC E TE MPLA TE CON FIGURATI ON ................................................................................................. 9 DELI VERA BLE 4: SET UP OF AGENCY USER S ......................................................................................................................................... 10 DELI VERA BLE 5: WORKFLOW PROCESS AND INSPE CT ION GROUP DISTINCT UPDATE S .............................................................................. 10 DELIVERABLE 6: FEE SCHEDULE CONFIGURATION ................................................................................................................................ 11 DELIVERABLE 7: SERVI CE RE COR D TYPE CONF IGURATIO N ................................................................................................................... 12 DELIVERABLE 8: AGENC Y DEFINED DATA FIELD S CONFIGURATION ........................................................................................................ 13 DELI VERABLE 9: EXIS ITIN G USER GROUP PERMI SS ION DISTIN CT UPDATES ............................................................................................ 13 DELI VERABLE 10 : NEW USER GR OUP PER MISSION WITH DISTIN CT UPDATE CON FIGURATI ON ................................................................... 14 DELI VERABLE 11 : CITIZ EN ACCESS CONFIGURATION .............................................................................................................................. 15 DELI VERABLE 12 : PROPERTY DATA UPLO AD ......................................................................................................................................... 16 DELIVERABLE 13 : LI CENS ED PROF ESS IONA L DATA UPL OAD ................................................................................................................... 16 DELIVERABLE 14: EXPRE SS HI STO RI CAL DATA CONVERSION ................................................................................................................. 17 DELIVERABLE 15 : WEBE X CIVI C PLATFORM AD MINISTRAT IVE TRAINING .................................................................................................. 18 DELIVERABLE 16 : WEBE X CIVI C PLATFOR M DAILY END USER TR AINING ................................................................................................. 19 DELI VERABLE 17 : GIS DEPL OYM ENT .................................................................................................................................................... 20 DELI VERA BLE 18 : DOC UMENT MANAGE MENT SYSTEM INTERF AC ES ........................................................................................................ 21 INTERFACE ANALYS IS .......................................................................................................................................................................... 21 DELI VERABLE 19 : NE W WORLD FINAN CIAL SYS TEM INTERFACE ............................................................................................................. 22 19 . 1 INTERFACE A NALYSIS .............................................................................................................................................................. 22 DELI VER ABLE 20 : OUT-OF-SCO PE BPT CONFIGUR ATI ONS & RE CEIPT REPLI CATI ON ................................................................................ 23 DELIVERABLE 21 : RE MOTE USER ACCE PTAN CE TE STING (UAT) ...................................................................................................... 26 DELI VER ABLE 22 : ON SITE ENG AG EMENT & PROJE CT QUA LITY ASS URAN CE ............................................................................................ 27 DELI VERABLE 22 A: ONSITE ADMINISTRATIVE TRAINING ........................................................................................................................ 27 COST SCHEDULE ........................................................................................................................................................................... 28 EXPENSES: ...................................................................................................................................................................................... 30 © 2016 Version 4 .0 Page 2 75 Statement of Work DOCUMENT CONTROL Date Author Version Change Reference Nov21 ,2016 Gerard 4.0 Addition of Professional Services for interface configuration of ESRI- McMahon GIS , Project Docs, Laserfiche , and Carahsoft engagement costing Dec .2nd 2016 Gerard Revised SOW to reflect elimination of Carahsoft pricing as the City is McMahon able to contract Professional Services directly May 18th , Gerard Rev ised SOW to include New World Financial System Interface 2017 McMahon along with Out-of-Scope BPT Items , and Business Analysis/PM May 26th Gerard Revised SOW to include Remote User Acceptance Testing and 2017 McMahon Onsite Training Engagement and related travel expenses June 51h Gerard Revised SOW to include Onsite Quality Assurance readiness for McMahon Production and alignment with Cupertino invoicing protocol © 2016 Version 4 .0 Page 3 76 Statement of Work OVERVIEW Congratulations on your selection of Accela , Inc ., and their enterprise suite of industry leading software . This proposed implementation by Avocette of the Accela products is designed specifically to meet the requirements and budget defined by the City of Cupertino (Agency "). Avocette Technologies is proposing to utilize the Accela Best Practice Template Configuration Implementation Methodology, to promote a successful project that will meet the Agency 's objectives . The following Statement of Work will detail how Avocette will implement the software, including the major milestones and deliverables that will ensure your success. Avocette is committed to prov iding a superior solution and deployment of the Civic Platform , for the current and future needs of the City of Cupertino . Avocette will work with Agency staff to optimize Accela's portfolio of software, best practices , and customer experience to enable the Agency to successfully deploy the Civic Platform software in the Civic Cloud and meet its functionality , timing and cost requirements . This Statement of Work ("SOW ") sets forth a scope and definition of the consulting/professional services , work and/or project (collectively, the "Services") to be provided by Avocette to the City of Cupertino. SERVICES DESCRIPTION PURPOSE The purpose of this document is to detail the specific activities, deliverables, roles and responsibilities , and acceptance criteria that comprise the implementation of the Civic Platform for the Agency, specifically Citizen Access and Civic Platform . Avocette will provide professional services for implementation of the scope and products detailed in the Work Description section detailed henceforth. PROJECT TIMELINE The term of this project is 26 Weeks Upon execution of this SOW , the parties will collaborate to determine a start date for Services to be rendered . Upon initiation of these Services , the assigned resources will work with the Agency to collaboratively define a high level , baseline project schedule. Avocette will use the baseline project schedule to plan and schedule resource availability in order to complete the defined scope . Given the fact that project schedules are working documents that change over the course of the project , Avocette will work closely with Agency to update, monitor, agree, and communicate any modifications. Changes to the baseline project schedule may result in a change in resource availability. PROJECT MANAGEMENT A dedicated project manager will be assigned for the implementation of Land Management module Best Practice Templates. The expectation is that the Agency will manage the project timeline and work with the assigned staff should the timeline require any changes to ensure resource availability .. CRITICAL SUCCESS FACTORS In order to successfully execute the services described herein, there are several critical success factors for the project that must be closely monitored and managed by the stakeholders . These factors are critical in setting expectations between the Agency and Avocette , identifying and monitoring project risks, and promoting strong project communication . © 2016 Version 4.0 Page 4 77 Statement of Work • Knowledge Transfer -the City of Cupertino staff are required to maximize their Accela learning experience through the online tutorials and course guides available through the Accela Success Community website . This self-directed learning approach will provide the City of Cupertino's staff with the needed knowledge to advise Avocette what configuration changes are needed during project implementation. While we cannot guarantee specific expertise for Agency staff as a result of participating in the project , Avocette will make all reasonable efforts to transfer knowledge to the Agency. It is critical that Agency personnel work with Avocette in order to schedule all work in the best manner to facilitate knowledge transfer and resource availability . • Dedicated Agency Participation -We fully understands that Agency staff members have daily responsibilities that will compete with the amount of time that can be dedicated to the implementation project. However, it is critical that the Agency acknowledges that its staff must be actively involved throughout the entire duration of Services as defined in the Project Plan. Avocette will communicate insufficient participation of Agency and Avocette resources to the project sponsor with real and potential impacts to the project timeline . • Delivery of Needed Information and Documentation-In order to guarantee success and meet the timelines and costs described it will be essential that the Agency provide required documentation and information as requested by the delivery staff in timely manner. The expected information required is described in detail in each of the delivery sections. Failure to provide the required information can result in an extension of the project timeline and/or an increase in the scope/cost of the proposed solution. • Implementation Methodology -We offer a successful, proven, implementation methodology which is crucial to the project success . Accela's Civic Platform and customer base is a niche market and as such our implementation methodology may differ from other consulting firms and software packages . It is imperative to project success that the Agency is willing to adhere/adopt to the Methodology and tasks described in this Statement of Work. PROJECT ASSUMPTIONS • Agency and Avocette will review their responsibilities before work begins to ensure that Services can be satisfactorily completed. • Changes or additions to scope, requested by the Agency may require a Change Order to reimburse Avocette for the additional costs associated with the change . • Agency will provide work space for the Delivery T earn for work completed on Agency premises if on site work is needed. We anticipate no more than 1 staff member onsite at any given time. • Avocette will implement the known features and functions that exist in the current Civic Platform version deployed in the Civic Cloud at the time of the contract signing. Should a new version of the Civic Platform become available during the project implementation, the Agency can request the enhanced features , but it may require a Change Order to reimburse Avocette for the additional cost associated with the change or Agency can implement the enhancement after project go-live. • Agency will maintain primary responsibility for the scheduling of Agency employees and facilities in support of project activities. • Agency is responsible for proper desktop hardware/software/network preparation in accordance with Accela specifications. • Agency is responsible to ensure agency participants have adequate hardware/software to successfully participate in online training (i.e. video and audio streaming). © 2016 Version 4.0 Page 5 78 Statement of Work • Agency will commit to the involvement of key resources and subject matter experts for ongoing participation in all project activities as defined in this SOW . The importance of Agency staff participation is imperative to the successful, and timely , implementation of the project deliverables . WORK DESCRIPTION The following section describes the specific activities and tasks that will be executed to meet the business objectives and business requirements of the Agency . In support of the implementation effort as described above , Avocette will provide the following detailed implementation services . For each deliverable , a description is provided as well as criteria for acceptance of the deliverable . DELIVERABLE 1: CIVIC PLATFORM SETUP Upon Contract signing , Avocette will work with Accela to setup an environment in the Civic Cloud and load the Best Practice Templates for land management, which includes permits and inspections, code enforcement , and planning and zoning into the configuration . Additionally , the environment will be licensed according to the Agency sales order form (CMAS subscription terms). In terms of specific output , the following will be executed for this deliverable: • URL 's and login information for each environment Specifically, Avocette will perform the following tasks within the support environment: • Verify that the Civic Platform is operational by using the valid credentials to log into the Agency's computing environment. • Setup the software licensing in the Accela cloud per the agreed to sales order form • Install the Accela Land Management Best Practices Template Configurations • Setup Bing maps with geocoding and routing • Setup the mobile applications gateway for use of field applications • Setup the payment processing gateway for supported vendors . Currently, the Civic Platform inherently supports Official Payments , PayFlow Pro 4.3 (PayPal) and Virtual Merchants . o If the Agency is working with another payment vendor, the Avocette team can scope the level of effort as a separate deliverable item. Avocette Responsibilities : • Provide timely and appropriate responses to Agency 's request for information . • Setup the Civic Platform in Accela's Civic Cloud. • Provide desktop requirements documentation to Agency . • Update the specific Accela ePayment SOK with the Agency provided merchant account attributes and deliver completed Accela ePayment SOK to Accela IT. • Provide instructions on how to login/logout and view the loaded Best Practice Templates Agency Responsibilities : • Provide timely and appropriate responses to requests for information by Accela . • Arrange for the availability of appropriate Agency staff to assist with inquires and activities related to system installation, setup, testing , and quality assurance throughout the setup process. • Agency staff is responsible to work with the supported payment vendor (Official Payments , PayFlow Pro 4.3 (PayPal) and Virtual Merchant) to collect the necessary information for the payment processing gateway. For © 2016 Version 4 .0 Page 6 79 Statement of Work example, the staff will need to provide the Avocette team with information such as the Product ID, Convenient Fee values, the Payment gateway URLs and other vital information to successfully implement the payment processing gateway . • Agency staff must provide supported payment vendor information based on Avocette and Cupertino's agreed upon project plan timeline • Schedule appropriate Agency staff participants and meeting locations for activities. Acceptance Criteria: • Confirmation of ability to log into the Civic Platform using the valid credentials DELIVERABLE 2: SELF DIRECTED ONLINE TRAINING Based on past experience with client implementations we highly recommend the City of Cupertino takes full advantage of the online resources to optimize their knowledge base of Accela's Civic Platform in advance to ensure success of the project The platform includes access to a large library of City staff administrator and City end user training materials in Accela's Success Community system, available online and self-paced . Each City staff user can request login credentials and gain access to the entire library of training materials which include video tutorials, how-to documents, administrator and end user guides. The online training content focuses on the administration, maintenance and augmentation of the Civic Platform configuration. Avocette has defined a self-paced I self-directed online training program for the Agency's project team to complete before the project commences . The training program ensures your team has the foundational understanding of the Accela software and all of its components . The program includes: 1) Interactive e-lessons where participants are prompted for responses or asked to complete exercises inside the learning module 2) Video tutorials 3) Course Guides (PDF) © 2016 Version 4 .0 Page 7 80 Statement of Work Content is organized such that clients can easily navigate through the modules . The following is a sample outline for the Getting Started course : Glossary It is estimated that each project team member will need to dedicate 40-60 hours over a 2-4 week period to complete the prescribed training, review the provided best practice data sheets and advise Avocette of the configuration changes needed for their system. Hours and duration are estimates only and may vary by City. In terms of specific output, the following will be executed for this deliverable: • Access to Success Community online training content Avocette Responsibilities : • Provide the City with access to the Success Community website, demonstrate how to register and login, along with how to search for and find the online training content • Provide list of online training courses to be completed Agency Responsibilities : • Identify all Cupertino project team members that will be involved in the project • Select and provide the Success Community website to the staff users who will require the online training content. • Ensure that users are proficient in using PC's as a prerequisite before accessing the online training content. • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. • Ensure that users have appropriate hardware/software for successfully viewing online video content. • Ensure that users are successfully reading and completing the recommended online course content throughout project implementation. • Schedule the necessary time to complete all course work in the identified time frame • Confirmation of the completion of all courses outlined in the Avocette Course requirement by all Cupertino Project team members. • Schedule appropriate Cupertino staff participants and meeting locations for training activities Acceptance Criteria: • Access Accela Success Community online training © 2016 Version 4 .0 Page 8 81 Statement of Work DELIVERABLE 3: SET UP OF BEST PRACTICE TEMPLATE CONFIGURATION The Civic Platform subscription includes turn-key best practice configurations in the specific domains of Land Management. These solutions include all of the record types listed below and other items needed to conduct government business such as data items, inspections and workflow . Avocette resources will set up Best Practice Templates for permits , planning , and code enforcement per the existing data sheets . The following is a list of permit, code enforcement and planning and zoning record types that are included : Permitting and Inspections Co mm ercia l Additio n Comme rci a l Re-Ro of Res id e nti al Pl um bi ng Residentia l Pool-Spa Commercial Alteration Residential Addition Residential Re -Roof Temporary Sign Co mm e rci al De molitio n Re sid e ntial Alteration Multi-Family Ad d iti on Perma nent Sign Commerc ia l New Res idential Demo lition Multi-Family Alteration Grading Co mme rcia l El ec t r ica l Res id e nti a l New Mult i-Family Demolit io n Fence Pe rmi t . Commercial Mechanica l Residential Electrica l Multi-Family New Solar Permit Co mme rcia l Plu mbin g Reside nti a l M ec hani ca l Co m me rcial Poo l-Spa Street Cut -Right of Way Code Enforcement Ill ega l Sign Vi o latio n Aband o ned Ve hi cle Vio latio n Wo r kin g W/0 Per m it Vio lat ion Home Occupat ion Vio lat ion Anima l Violation Overgrown Weeds Violation Garbage Service Tree Violation Graffiti Re moval Gradin g Vi o latio n Jun k on Prope rty Vi o latio n Su b-Standard Property Vio lat ion Noise Nuisance Illega l Occupancy Violation Vacant Building Violation Fence Violation Planning and Zoning Su b d ivi sion Des ign Review Pr e-Appli ca tion M eet in g Ann exat io n Preliminary Map Variance Appeal General Pla n Update Fin al M a p Rezo nin g Tim e Exten sio n Sp ecific Pl an Planned Unit Deve lopment Plan Amendment Modification to Prior Approval Zoning Text Amendment Conditional Use Hom e Occupation Permit Confirmation Letter Lot Lin e Adjustme nt Revoca ble Permit Site Plan -Major Site Plan -Minor Final Plat Sub d ivi sion - M ajor Subdivi sion -Minor Pre limin ary Pl at Specifically Avocette resources will : • Log into the Agency environment to ensure the best practice configuration is successfully loaded and provide user credentials to Agency , in case Agency staff would like to view loaded configuration • Provide the Agency with the Accela Best Practice Template Datasheet documents • Turn off/disable the record types the Agency identifies from the provided datasheets that will not be used during the project implementation, both for Civic Platform and/or for Citizen Access • Turn off/disable the data fields the Agency identifies from the provided datasheets that will not be used during the project implementation, both for Civic Platform and/or for Citizen Access In terms of specific output , the following will be executed for this deliverable: Avocette Responsibilities : • Provide timely and appropriate responses to Agency's request for information . • Verify the record types and data fields disabled in environment, based on Agency feedback . © 2016 Version 4 .0 Page 9 82 Statement of Work Agency Responsibilities : • Provide timely and appropriate responses to Avocette's requests for information. • Arrange for the availability of appropriate Agency staff to read through the Accela Best Practice Template Datasheet documents . Agency staff must review the datasheet documents and indicate which record types and data fields the project team will disable/turnoff. • Agency staff must provide record type and data field feedback based on Avocette and Cupertino's agreed upon project plan timeline . • Schedule appropriate Agency staff participants and meeting locations for activities. Acceptance Criteria: • Confirmation of turned off/disabled record types and data fields by logging into Civic Platform with valid credentials. DELIVERABLE 4: SET UP OF AGENCY USERS Avocette will setup Agency staff users based on the number of software licenses purchased. Avocette will deliver and discuss the Accela BPT Roles and Functions Matrix document, and the Agency will indicate which user group role each staff is to be assigned. For example, if Agency purchases 10 Land Management Solution licenses, Avocette will setup 10 named staff user login accounts. In terms of specific output, the following will be executed for this deliverable: Avocette Responsibilities: • Provide timely and appropriate responses to Agency's request for information . • Deliver and provide instructions on the Accela BPT Roles and Functions Matrix document • Create named staff user login accounts and deliver account credentials to Agency Agency Responsibilities : • Provide timely and appropriate responses to Avocette's requests for information . • Arrange for the availability of appropriate Agency staff to provide a list of Agency user accounts and indicate which user group role the user is to be assigned. • Agency staff must review the Accela Roles and Functions Matrix document • Agency staff must provide list of user accounts and indicate user group role feedback based on Avocette and Cupertino 's agreed upon project plan timeline • Schedule appropriate Agency staff participants and meeting locations for activities. Acceptance Criteria: Confirmation of staff user accounts are created by logging into Civic Platform with valid credentials. DELIVERABLE 5: WORKFLOW PROCESS AND INSPECTION GROUP DISTINCT UPDATES Avocette will provide up to forty (40) distinct updates to the existing workfiow processes and up to forty (40) distinct updates to the existing inspection groups configured in the deployed Best Practice Templates. Using the Accela Best Practice Template Datasheets, the Agency will indicate which Workfiow Process and/or Inspection Groups to update. Distinct workflow process updates include renaming , adding or removing a workflow task or workflow task status result. Distinct inspection group updates include renaming, adding or removing inspection types, inspection status © 20 16 Version 4.0 Page 10 83 Statement of Work results, checklist items or checklist status results. Each edit, update or removal of a workflow task, workflow status result, inspection type, inspection status result, checklist item or checklist status result is considered a distinct single action change. In terms of specific output, the following will be executed for this deliverable : Avocette Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Provide the Agency with the Accela Best Practice Template Datasheet documents • Update the workflow processes and/or inspection groups in the environment, based on the Agency feedback. • Verify the updated workflow process and/or inspection groups in environment, based on Agency feedback . Agency Responsibilities: • Provide timely and appropriate responses to Avocette's requests for information. • Staff participants have successfully read and completed the recommended online course content • Arrange for the availability of appropriate Agency staff to read through the Accela Best Practice Template Datasheet documents. • Agency staff must provide a list of distinct workflow process and inspection group updates based on Avocette and Cupertino's agreed upon project plan timeline • Agency staff must review and test all workflow processes and inspection groups configuration and provide feedback to Avocette based on the agreed upon project plan timeline o Any additional changes identified during review and testing beyond the scope identified above may be subject to a Change Order request • Schedule appropriate Agency staff participants and meeting locations for activities. Acceptance Criteria : • Confirmation of distinct workflow process and inspection group updates by logging into Civic Platform with valid credentials. DELIVERABLE 6: FEE SCHEDULE CONFIGURATION The Agency can request up to eighty (80) fee items configured during the project implementation. Avocette will configured unique fee items based on the inherent fee formulas in the Civic Platform, which include flat fees, fees based on a specific range and using fee indicators. Examples include fee calculations based on the number of employees for a restaurant or a square footage fee for a building . Advanced fee item setup, such as automating a fee calculation using the advanced script engine logic is an additional cost and Avocette team can scope the level of effort as a separate deliverable item and may result into a Change Order. In terms of specific output, the following will be executed for this deliverable: Avocette Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Provide the Agency with the Accela Best Practice Template Datasheet documents • Configure up to 80 fee items using Agency unique fee descriptions and the inherent fee formulas in the Civic Platform, based on Agency feedback • Verify the new fee items configured in environment, based on Agency feedback. Agency Responsibilities : • Provide timely and appropriate responses to Avocette's requests for information. © 2016 Version 4 .0 Page 11 84 Statement of Work • Arrange for the availability of appropriate Agency staff to read through the Accela Best Practice Template Datasheet documents . • Agency staff must provide a list of the new fee items (up to 80 items) to Avocette , wh ich include fee description , the fee value amount , should the fee item be automatically invoiced or assessed , which record type(s) the fee item is associated to , and will the fee item be displayed in Citizen Access based on Avocette and Cupertino 's agreed upon project plan timeline • Agency staff must review and test all fee items configuration and provide feedback to Avocette based on the agreed upon project plan timeline o Any additional changes identified during review and testing beyond the scope identified above may be subject to a Change Order request • Staff participants have successfully read and completed the recommended online course content • Schedule appropriate Agency staff participants and meeting locations for activities . Acceptance Criteria: • Confirmation of configured fee items by logging into Civic Platform with valid credentials . DELIVERABLE 7: SERVICE RECORD TYPE CONFIGURATION Avocette will configure up to ten (10) service record types , not already represented in the Accela Best Practice Templates , such as Elevator Permit or Deck Permit. Avocette will use the existing, preconfigured record components , like workflow process , inspection groups, record status result , fee schedule , document status . No te: If Agency requires additional service record types (beyond the allotted 10) created from scrat ch, the Avocette team can scope the level of effort as a separate deliverable item and may result in a Change Order request . In terms of specific output , the following will be executed for this deliverable: Avocette Responsibilities : • Provide timely and appropriate responses to Agency 's request for information . • Provide the Agency wi th the Accela Best Practice Template Datasheet documents • Configure up to ten (10) service reco rd types using existing , preconfigured record components , such as workflow process , inspection group , record status result , fee schedule , based on Agency feedback • Verify the new service record types configured in environment , based on Agency feedback . Agency Responsibilities : • Provide timely and appropriate responses to Avocette 's requests for information . • Arrange for the availability of appropriate Agency staff to read through the Accela Best Practice Template Datasheet documents. • Agency staff must provide a list of the new service record types (up to 10) to Avocette , which include record type levels , record name and the applicable record components , like fee schedule , inspection group , workflow process , record ID sequence , available in Citizen Access , document code , record status result , etc ., based on Avocette and Cupertino 's agreed upon project plan timeline • Agency staff must review and test all service record type configuration and provide feedback to Avocette based on the agreed upon project plan timeline o Any additional changes identified during review and testing beyond the scope identified above may be subje ct to a Change Order reque st • Staff participants have successfully read and completed the recommended online course content • Schedule appropriate Agency staff part icipants and meeting locations for activities. © 2 01 6 Vers ion 4 .0 Page 12 85 Statement of Work Acceptance Criteria : • Confirmation of configured service record types by logging into Civic Platform wi th valid credentials . DELIVERABLE 8: AGENCY DEFINED DATA FIELDS CONFIGURATION The Agency can request up to thirty (30) updates/or new agency defined data fields configured and associate the data elements to specific record types to ensure information is tracked according to the Agency business process and municipal reports , such as Elevator ID or Roof Color. Avocette will configure each agency defined data field using one of nine (9) data types : text, date , yin radio button , number, dropdown list , comment text area , time , money or check box. In terms of specific output , the following will be executed for this deliverable : Avocette Responsibilities : • Provide timely and appropriate responses to Agency 's request for information. • Provide the Agency with the Accela Best Practice Template Datasheet documents • Configure up to thirty (30) agency defined data fields and associate the data elements to the specific record types , based on Agency feedback • Verify the agency defined data fields configured in environment, based on Agency feedback. Agency Responsibilities : • Provide timely and appropriate responses to Avocette 's requests for information . • Arrange for the availability of appropriate Agency staff to read through the Accela Best Practice Template Datasheet documents . • Agency staff must provide a list of the agency defined data fields (up to 30) to Avocette , which include data field label , data field type , flagged as required , available in Citizen Access , indicate which service record type to associate to , etc., based on Avocette and Cupertino's agreed upon project plan timeline • Agency staff must review and test all agency defined data fields configuration and provide feedback to Avocette based on the agreed upon project plan timeline o Any additional changes identified during review and testing beyond the scope identified above may be subject to a Change Order request • Staff participants have successfully read and completed the recommended online course content. • Schedule appropriate Agency staff participants and meeting locations for activities . Acceptance Criteria : • Confirmation of configured agency data fields by logg ing into Civic Platform with valid credentia ls. DELIVERABLE 9: EXISITING USER GROUP PERMISSION DISTINCT UPDATES Avocette will provide up to ten (10) dist inct updates to the existing user group permissions configured in the deployed Accela Best Practice Templates. Using the Accela Roles and Functions Matrix document , the Agency will indicate which permissions need to be updated for the user group role . For example , if the Agency wants the inspector role to collect fees and payments, this will be an update to allow add itional access to the current role defined . Each permission update , add or removal of access for a defined user role is considered a distinct single action change . In terms of specific output , the following will be executed for this deliverable : Avocette Respons ibilities : © 20 16 Ve rsion 4 .0 Page 13 86 Statement of Work • Provide timely and appropriate responses to Agency 's request for information . • Deliver and provide instructions on the Accela Roles and Functions Matrix document • Configure up to ten ( 10) distinct updates to the existing user group permissions , based on Agency feedback • Verify the upda ted user group permissions configured in environment , based on Agency feedback . Agency Responsibilities : • Provide timely and appropriate responses to Avocette 's requests for information. • Arrange for the availability of appropriate Agency staff to read through the Accela Roles and Functions Matrix document. • Agency staff must provide a list of the user group permission updates (up to 10) to Avocette , which include function name and identified role based on Avocette and Cupertino's agreed upon project plan timeline • Agency staff must review user group configuration and provide feedback to Avocette based on the agreed upon project plan timel ine o Any additional changes identified during review and testing beyond the scope identified above may be subject to a Change Order request • Staff participants have successfully read and completed the recommended online course content • Schedule appropriate Agency staff participants and meeting locations for activities. Acceptance Criteria : • Confirmation of configured user group permissions by logging into Civic Platform with valid credentials . DELIVERABLE 10 : NEW USER GROUP PERM ISS ION WITH DIST INCT UPDATE CONFIGURATION The Agency can request up to five (5) new user group permissions created , by copying or cloning an existing , defined user group deployed from the Accela Best Practice Template with up to three (3) distinct updates per new user group permission created , such as add or removal of access for the defined user role . The newly defined user group can be associated to a named staff user account login. For example, if the Agency would like to define a new user role , such as cashier or supervisor, the Avocette will copy/clone an existing user group and create a new role with permission updates if needed. Each permission update , add or removal of access for a defined user role is considered a distinct single action change. In terms of specific output , the following will be executed for this deliverable : Avocette Responsibilities : • Provide timely and appropriate responses to Agency 's request for information . • Deliver and prov ide instructions on the Accela Roles and Functions Matrix document • Configure up to five (5) new user group permissions by copying/cloning existing user groups deployed from Accela Best Practice Template with up to three (3) distinct updates per new user group role created , based on Agency feedback • Verify the new user group permissions configured in environment , based on Agency feedback. Agency Responsibilities : • Provide timely and appropr iate responses to Avocette 's requests for informat ion . • Arrange for the availability of appropriate Agency staff to read through the Accela Roles and Funct ions Matr ix document. © 201 6 Vers ion 4 .0 Page 14 87 Statement of Work • Agency staff must provide a list of the new user group permissions (up to 5) and the permission updates per user group role (up to 3) to Avocette , which include name of new user group role, which user group to copy, the function names to update based on Avocette and Cupertino's agreed upon project plan timeline • Agency staff must review user group permission configuration and provide feedback to Avocette based on the agreed upon project plan timeline o Any additional changes identified during review and testing beyond the scope identified above may be subject to a Change Order request • Staff participants have successfully read and completed the recommended online course content • Schedule appropriate Agency staff participants and meeting locations for activities. Acceptance Criteria: • Confirmation of configured user group permissions by logging into Civic Platform with valid credentials. DELIVERABLE 11: CITIZEN ACCESS CONFIGURATION This deliverable includes setup and configuration of the Agency municipal website branding, the online payment processing gateway for the supported payment vendors (Official Payments, PayFlow Pro 4.3 (PayPal) and Virtual Merchant for Citizen Access, and up to ten (10) distinct updates to the citizen portal pages to make the pages more in line with the Agency processes per the best practice configurations . Distinct updates to the citizen portal pages include, adding a pageflow component , like attachments to an existing defined pageflow setup , updating the section instructional text with agency language, including descriptive help instructions for specific agency defined data fields, or updating the online disclaimer text. Each update to the citizen portals and sections are considered a single action change . Note: If the Agency is working with another payment vendor, the Avocette team can scope the level of effort as a separate deliverable item and may result in a Change Order request . In terms of specific output, the following will be executed for this deliverable: Avocette Responsibilities : • Provide timely and appropriate responses to Agency's request for information. • Setup Citizen Access branding by loading two (2) banner files provided by the Agency • Update the specific Accela ePayment SOK with the Agency provided merchant account attributes and deliver completed Accela ePayment SOK to Accela IT. Currently, the Civic Platform inherently supports Official Payments, PayFlow Pro 4.3 (PayPal) and Virtual Merchants. • Configure up to ten ( 10) distinct updates to the citizen portal pages, based on Agency feedback • Verify the loaded citizen access branding, citizen portal pages and sections updated and payment acceptance in environment, based on Agency feedback . Agency Responsibilities: • Provide timely and appropriate responses to Avocette's requests for information. • Provide website branding files, which include the top and side banner • Arrange for the availability of appropriate Agency staff to review the branding on Citizen Access • Agency staff is responsible to work with the supported payment vendor (Official Payments, PayFlow Pro 4.3 (PayPal) and Virtual Merchant) to collect the necessary information for the payment processing gateway. For example, the staff will need to provide the Avocette information such as the Product ID, Convenient Fee values, the Payment gateway URLs and other vital information to successfully implement the payment processing gateway. © 2016 Version 4.0 Page 15 88 Statement of Work • Agency staff must provide web branding, a list of distinct updates (up to 10) and supported payment vendor information based on Avocette and Cupertino's agreed upon project plan timeline. • Agency staff must review and test all Citizen Access configuration and provide feedback to Avocette based on the agreed upon project plan timeline o Any additional changes identified during review and testing beyond the scope identified above may be subject to a Change Order request • Staff participants have successfully read and completed the recommended online course content • Schedule appropriate Agency staff participants and meeting locations for activities . Acceptance Criteria : • Verify the operational Citizen Access functionality such as login/logout, the updated citizen portal pages and sections , and payment acceptance DELIVERABLE 12: PROPERTY DATA UPLOAD Avocette will provide an initial , one-time load of the Agency reference property data set. This means , that upon go live and when the data is provided by the agency , staff will have an initial reference property data set loaded in the system ready for use , with updates to that data handled by Agency staff using Accela screens. When changes occur regarding property, such as ownership changes or a new set of addresses are added to the agency , staff would manually enter those changes directly within the solution. The Agency must provide the valid property data set in the acceptable pipe delimited text file format. The conversion effort will occur a maximum of three (3) times . Avocette Responsibilities: • Provide timely and appropriate responses to Agency's request for information . • Convert the provided acceptable pipe delimited text file format into Civic Platform , maximum of up to 3 times . • Provide and explain the Accela APO Conversion Guide document Agency Responsibilities: • Provide timely and appropriate responses to Avocette's requests for information. • Arrange for the availability of appropriate Agency staff to review the Accela APO Conversion Guide document • Provide property data in acceptable pipe delimited text file format • Agency staff must review property data conversion and provide feedback to Avocette based on the agreed upon project plan timeline o Staff have a total of two (2) times to review and make the necessary changes/updates to the converted property data. The third property data conversion will be the final conversion effort before the go-live promotion to the production environment. • Schedule appropriate Agency staff participants and meeting locations for activities . Acceptance Criteria: • Successfully search for and retrieve loaded Address Parcel and Owner information by logging into the Civic Platform with valid credentials DELIVERABLE 13: LICENSED PROFESSIONAL DATA UPLOAD Avocette will provide an initial, one-time load of the Agency reference licensed professional data set. This means, that upon go live and when the data is provided by the agency , staff will have an initial reference licensed professional data set loaded in the system ready for use , with updates to that data handled by Agency staff using Accela screens . When changes occur regarding licensed professional information , such as name changes or a new address , staff © 2016 Ve rsion 4.0 Page 16 89 Statement of Work would manually enter those changes directly within the solution. The Agency must provide the valid licensed professional data set in the acceptable pipe delimited text file format. The conversion effort will occur a maximum of three (3) times. Avocette Responsibilities: • Provide timely and appropriate responses to Agency's request for information . • Convert the provided acceptable pipe delimited text file format into Civic Platform , maximum of up to 3 times . • Provide and explain the Accela Licensed Professional Conversion Guide document Agency Responsibilities: • Provide timely and appropriate responses to Avocette 's requests for information. • Arrange for the availability of appropriate Agency staff to review the Accela Licensed Professional Conversion Guide document • Provide licensed professional data in acceptable pipe delimited text file format • Agency staff must review property data conversion and provide feedback to Avocette based on the agreed upon project plan timeline o Staff have a total of two (2) times to review and make the necessary changes/updates to the converted licensed professional data . The third licensed professional data conversion will be the final conversion effort before the go-live promotion to the production environment. • Schedule appropriate Agency staff participants and meeting locations for activities . • Historic completed permits are to be converted into a single record in the Civic Platform called "Historic". A single historic record can be available per module implemented, with the following data populated when provided : o Base record information such as permit number, work description, date opened, date closed o Record based data items o Transactional property and people , including Addresses , Parcels , Owners, Licensed Professionals, and Contacts o Inspection History o Total invoiced, total paid, and balance All other historic data is not converted, e Acceptance Criteria : • Successfully search for and retrieve loaded Licensed Professional information by logging into the Civic Platform with valid credentials DELIVERABLE 14: EXPRESS HISTORICAL DATA CONVERSION Avocette will provide an initial, one-time load of the Agency historical, legacy transaction record types , such as completed permits, completed applications or closed violation incidents . Avocette will provide and explain the Accela Express Historical Data Conversion Document which details the data conversion process , the required data source format of pipe delimited text file format, and resulting data properties . The conversion effort will occur a maximum of three (3) times. Note : ff the Agency would like assistance creating an acceptable pipe delimited text data file(s), the Avocette team can scope the level of effort as a separate deliverable item and may result in a Change Order request . © 2016 Version 4 .0 Page 17 90 Statement of Work In terms of specific output, the following will be executed for this deliverable : examples include reference people and property and relationships of those items to records , workflow and history, detailed fees and payment. Avocette Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Convert the provided acceptable pipe delimited text file into Civic Platform , maximum of up to 3 times . • Maintain an on premise Civic Platform Sandbox to convert the provided client data and send the generated . dpdmp file and expdplog file as a Customer Support request to load the data into the specified client agency in the Accela Cloud Support environment. • Provide and explain the Accela Express Historical Data Conversion Document Agency Responsibilities: • Provide timely and appropriate responses to Avocette 's requests for information. • Arrange for the availability of appropriate Agency staff to review the Accela Express Historical Data Conversion document • Provide historical data in acceptable pipe delimited text file format • In process permits are to be entered manually into Civic Platform or finished in current system before cut off of last conversion effort . Only completed and/or closed service records will be converted . • Agency staff must review and test historical transaction conversion in the Cloud Support environment and provide feedback to Avocette based on the agreed upon project plan timeline o Staff have a total of two (2) times to review and make the necessary changes/updates to the converted historical data. The third historical data conversion will be the final conversion effort before the go-live promotion to the production environment. • Schedule appropriate Agency staff participants and meeting locations for activities. Acceptance Criteria: • Historical data has been converted to Civic Platform in a single record type according to the Accela Express Historical Data Conversion Document. DELIVERABLE 15: WEBEX CIVIC PLATFORM ADMINISTRATIVE TRAINING Avocette will provide instructor lead training via WebEx engagement for Agency staff that focuses on the administration, maintenance and augmentation of its Civic Platform configuration. The platform includes access to a large library of training materials in Accela 's Success Community system . Each agency staff user should request login credentials and gain access to the video tutorials, how-to documents and administrator user guides. Access the Accela Success Community link to view Administrative User training content https ://accela .force .com/success/artic les/Train inq/Tra ining-System-Adm inistrators-lndex?popup=true Agency staff is expected to read and review the online content in advance to better prepare for the instructor lead WebEx training . In terms of specific output , the following will be executed for this deliverable: • Access to Accela Success Community online training content • Instructor lead Civic Platform Administrative Training (agenda provided) via WebEx engagement © 2016 Version 4.0 Page 18 91 Statement of Work Avocette Responsibilities : • Provide timely and appropriate responses to Agency 's request for information . • Provide Agency the Accela Success Community website, provide instruction on how to register and login , along with how to search for and find the online training content. • Coordinate with Agency and schedule the appropriate day/time to deliver the Civic Platform Administrative Training content outlined in the provided agenda . • Provide Civic Platform Administrative Training Agenda training content • Provide Agency the WebEx engagement information for the Civic Platform Administrative training. Agency Responsibilities : • Provide timely and appropriate responses to Avocette requests for information . • Provide the Accela Success Community website to the staff users who will require the online training content. • Ensure that users are proficient in using PC's as a prerequisite before accessing the online training content. • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. • Ensure that users have appropriate hardware/software for successfully viewing online video content. • Ensure that users are successfully reading and completing the recommended online course content throughout project implementation . • Schedule appropriate Agency staff participants and meeting locations for training activities. Acceptance Criteria : • Access Accela Success Community online training • Deliver the Civic Platform Administrative Training (agenda provided) DELIVERABLE 16: WE BEX CIVIC PLATFORM DAILY END USER TRAINING Avocette will provide instructor lead training via WebEx engagement for Agency staff that focuses on the daily end user activities , such as basic software navigation , record creation and updates, workflow progression , fee invoicing , processing payments , scheduling and resulting inspections. The aim is to educate Agency resources on how to successfully process a record (permit, license or work order). Avocette will focus the training on what the Agency normally does operationally, the services that take up the majority of the Agency staff time . Therefore , the Agency will select 2 - 4 record processes and Avocette will focus the training on the selected record types. In terms of specific output, the following will be executed for this deliverable: • Access to Accela Success Community online training content • Instructor lead Civic Platform Daily End User Training (agenda provided) via WebEx engagement • Avocette will focus training content on the 2 -4 record processes selected by the Agency Avocette Responsibilities : • Provide timely and appropriate responses to Agency 's requests for information . • Provide Agency the Accela Success Community website , provide instruction on how to register and login , along with how to search for and find the online training content. • Coordinate with Agency and schedule the appropriate day/time to deliver the Civic Platform Daily End User Training content outlined in the provided agenda. • Provide Civic Platform Daily End User Training Agenda training content and focus on the 2 - 4 record processes identified by Agency • Provide Agency the WebEx engagement information for the Civic Platform Daily End User training . © 2016 Version 4.0 Page 19 92 Statement of Work Agency Responsibilities: • Provide timely and appropriate responses to Avocette requests for information . • Provide the Accela Success Community website to the staff users who will require the online training content. • Identify and provide specific Agency procedural details on 2 - 4 record processes in which Avocette will teach for the instructor lead training session . • Ensure that users are proficient in using PC 's as a prerequisite before accessing the online training content. • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. • Ensure that users have appropriate hardware/software for successfully viewing online video content. • Ensure that users are successfully reading and completing the recommended online course content throughout project implementation. • Schedule appropriate Agency staff participants and meeting locations for training activities. Acceptance Criteria : • Access Accela Success Community online training • Deliver the Civic Platform Daily End User Training (agenda provided) DELIVERABLE 17 : GIS DEPLOYMENT Avocette will coordinate the setup and configure Accela GIS to link and leverage existing City GIS information , including assistance with establishing the map service to be used in conjunction with Accela GIS . The following are the main objectives being pursued through the implementation of the Accela GIS: • Look up permit information and parcel information from the Permitting system • View selection, location , and associated GIS information • Select one or more parcels and add new applications to the permit system During GIS installation, Avocette's technical staff will work with Agency IT staff to ensure that the components for hardware, software, database , network, and Internet are in place for the Accela GIS test and production environments. Avocette technical staff will validate the proper installation and configuration of the Accela GIS environment. In terms of specific output, the following will be executed for this deliverable : ~ Accela GIS setup ~ Attribute Mapping to 1 group of Application/Record data fields Avocette Responsibilities: • Demonstrate Accela GIS applications are operational thus communicating with the Accela Civic Platform system • Assist the Agency in identifying and developing additional Attribute Mappings, Proximity Alerts and Dynamic Themes Agency Responsibilities: • Arrange for the availability of appropriate staff for setup , testing , and quality assurance throughout the setup process • Provide people and physical resources based on the dates outlined in the project schedule © 2016 Version 4 .0 Page 20 93 Statement of Work • Provide Avocette with network access for remote installation and testing • Provide information and data in the formats specified by Avocette that will be needed for the GIS implementation Acceptance Criteria : • Demonstration of operating Avocette GIS in test environment DELIVERABLE 18: DOCUMENT MANAGEMENT SYSTEM INTERFACES For each interface, the Avocette technical lead will work together with City 's technical lead and/or business leads to document functional requirements and technical specifications of the interface in an Interface Specifications Document. Interface development begins upon written approval of the specifications . It is expected all interfaces will use Accela's GovXML, web services or batch engine. No custom or third party integration tool will be used to accomplish input or output of data to/from the Accela system. In other words , data coming into Accela and data coming from Accela will use the existing integration technology. Cupertino 's responsibilities include obtaining permission for level/type of integration from appropriate application owners (including on premises or cloud/hosted, etc.). The City will also ensure Avocette resources have access to a Development or Test version of the 3rct party system for interface development and unit testing . All interfaces will be developed against 1 (one), agreed upon version of the J ct party system. Avocette will conduct Analysis and Development for each system that will be interfaced with Accela within the scope of this implementation. IN TERFACE ANALYSIS In order to determine the City requirements for each interface, analysis sessions will be conducted as a portion of this deliverable . The findings will then be documented in the Interface Specifications Document(s) for use by Avocette in building the interface code . The implementation of the interface is dependent on the assistance of the City's staff, specifically, interface analysis, data mapping, and data manipulation as required in the source system . Avocette will provide a program to integrate Jct Party data to/from Accela Civic Platform. Business Process Anal sis & Pro ·ect Mana ement Oversi ht In terms of specific output, the following will be executed for this deliverable : >" Interface Specification Document(s) >" Configuration & Testing of Project Dox and Laserfiche Interface Avocette Responsibilities: • Provide timely and appropriate responses to the Cupertino's request for information • Conduct Interface Analysis sessions • Work with the City staff to develop interface specifications document Agency Responsibilities : • Provide timely and appropriate responses to Avocette's request for information • Provide system and access to individuals to provide required details of system interface © 2016 Version 4 .0 Page 21 94 Statement of Work • Assist in the interface specification development and data mapping process . • Review and approve the interface specification documents . • Work with Third Party Data Sources to determine best methods of interfacing to Accela system . Acceptance Criteria : • Review and approve the Interface Specifications document. Acceptance Review Period : • The City will have 5 business days to conduct an initial review of the Interface Specification document(s .) If no changes or comments are requested within the 5 days , the Interface Specification document(s .) is considered approved by the City. Upon delivery of initial feedback , Avocette will complete the necessary changes and updates . The second and final review will have 3 business days for acceptance . If no changes or comments are requested with in the 3 days, the Interface Specification document(s .) is considered approved and eligible for invoicing . DELIVERABLE 19: NEW WORLD FINANCIAL SYSTEM INTERFACE For th is interface , the Avocette technical lead will work together with County 's technical lead and/or business leads to document functional requirements and technical specifications to draft an Interface Specifications Document. Interface development begins upon written approval of the specifications . It is expected that this interface will use a batch engine that extracts data from the Accela Platform and creates a flat file for consumption by the New World system . The importat ion of the flat file into New World will be the responsibility of the agency . No custom or third party integration tool will be used to accomplish input or output of data to/from the Accela system . In other words , data coming into Accela and data coming from Accela will use the existing integration technology . Cupertino 's responsibilities include obtaining permission for level/type of integration from appropriate application owners (including on premises or cloud/hosted , etc .). Cupertino will also ensure Avocette resources have access to a Development or Test version of the J d party system for interface development and unit testing if required. The interface will be developed against 1 (one), agreed upon version of the J d party system . Avocette will conduct Analysis and Development for the system to be interfaced with Accela within the scope of this implementation. 19 .1 INTERFACE ANALYS IS In order to determine Cupertino 's requirements for the New World interface , an analysis session will be conducted as a part of this deliverable. The findings will then be documented in the Interface Specifications Document(s) for use by Avocette in building the interface code. The implementation of the interface is dependent on the assistance of the City 's staff, specifically , interface analysis , data mapping , and data manipulation as required in the source system . In terms of specific output , the following will be executed for this deliverable : >" Interface Specification Document(s) >" Data extract batch job and associated flat file based on the agency approved specification Avocette Responsibilities: • Provide timely and appropriate responses to the San Benito's request for information • Conduct Interface Analysis sessions • Work with the County staff to develop interface specifications document • Create and unit test the batch job and file creation © 2 0 16 V ersion 4 .0 Page 22 95 Statement of Work Agency Responsibilities : • Provide timely and appropriate responses to Avocette's request for information • Provide system and access to individuals to provide required details of system interface • Assist in the interface specification development and data mapping process. • Review and approve the interface specification documents . • Work with Third Party Data Sources to determine best methods of interfacing to Accela system . DELIVERABLE 20 : OUT-OF-SCOPE BPT CONFIGURATIONS & RECEIPT REPLICATION Avocette will configure the following items identified as being out-of-scope from standard Best Practice Template deployment. Scenario 1: Process Permit Application Submitted Online -Out of the box messages do not leverage deep links; For this scenario deep links are hyperlinks embedded in the body of the email that, when clicked , takes the user to that application in the web portal. This would require a notification template and scripting to send the email with the appropriate links -ESTIMATE = 10 hours/email. Scenario 2: Electronic Document Review -Third party document review software to be identified and could handle correction letter or could be developed with additional configuration based on city needs . Notification letters can be configuration and automated -ESTIMATE= 10 hours/record type. Scenario 3: Amend an Existing Permit Applicants can add documents at any time after submission, however if actual amendment records are required , they can be added to the project with additional configuration. [MB] Amendment Records are non BPT new records that typically require configuration and scripting to build -ESTIMATE = 10 hours/amendment record. Scenario 4: Customer Views Inspection Results Targeted messages can be managed by the agency administration or added to the project with additional configuration . Scripting would be required for targeted messaging -ESTIMATE= 10 hours/record type . Scenario 5: Replication of Agency Building Permit Placard versus standard report issued via Civic Platform http ://64.165.34 .13/WebLink/DocView .aspx?dbid=O&id=359352&paqe=1 &cr=1 -ESTIMATE = 35 hours/permit type. Meeting the requirements of the City of Cupertino Demonstration Scripts The following lists the scenarios in the Cupertino demonstration script with an indication as to the Civic Platform meeting the requirement with the current proposal from Accela and Avocette, which is the Accela Civic Platform with Best Practice Templates combined with the Avocette Project Scope of Work. The Civic Platform fully supports every scenario and capability , and in the five cases where the current project scope does not, the additional configuration have been added to the SOW as detailed (highlighted) below. © 2016 Version 4.0 Page 23 96 • Statement of Work Meets the Requirement J Civ ic Delivery Name Scenario Platform Services as Comments with Best outlined in Practices Scope of d Work Scenar io 1: An HVAC contractor comes into ,/ -/ the office ... Out of the box messages do not leverage deep links, however they could be included with additional configuration based on city needs . [MB] For this scenario deep links are Scenario 2: Process permit application hyperlinks embedded in the body of ,/ -/ the ema il that, when cl icked , takes the submitted online user to that application in the web Permit portal. This would require a Management notification template and scripting to send the email with the appropriate li nks-EST IMATE= 10 hours/email. Th ird party document review software to be identified and cou ld handle correction letter or could be developed Scenario 3: Electronic document review ,/ -/ with additional configuration based on city needs . [MB] Notification letters can be configuration and automated - ESTIMATE = 10 hours/record type. Scenario 1: An Engineering Planner is ,/ ,/ interested in conducting ... If the city chooses XAPO integration, parcel genealogy would be managed GIS Fu nct io na lity in ArcGIS [MB] Acceta GIS (AGIS) Scenario 2: Maintain Addresses and Parcels ,/ -/ configuration is included -D17 -GIS Deployment. In the SOW we also commit to 1 attribute mapping -so we could map historical parcel ID . Scenario 1: Scheduling Inspections ,/ ,/ Inspectio n Scenario 2: Manaqe Inspector workload ./ ./ Ma nag e ment Scenario 3: Individual Inspector management toots ,/ ,/ Mobile Inspe ct io ns Scenar io 1: Day in the life of an Inspe ctor ,/ ,/ Scenario 1: Applicant comes in to counter or ,/ ,/ calls on the phone ... Dynamically presenting fields according to agency rules can be Plan Manage ment Scenario 2: General application creation added to the proje ct with additional ,/ -/ configuration [MB] We do not commit process to scripting or expression builders (EBs) in the SOW. We could use Deliverable 15--Admin Training to © 2016 Version 4 .0 Page 24 97 Statement of Work train them on this -they can do it themselves. Scenario 3: Applicant wants to apply for / / permit on line or apply ... Scenario 4: Planner takes in online permit / / and requires revisions ... Scenario 5: Staff needs to create mail ing / / labels . Scenario 6: Staff receives application and / / needs to manaQe ... Scenario 7: Show how fees auto generate , / / how deposits are .... Scenario 1: Applicant comes in to counter or / / calls on the phone ... Scenario 2: General application creation / / process Scenario 3: Applicant wants to apply for / / permit online ... Scenario 4: Planner takes in online permit / / and requires revisions ... Scenario 5: Staff needs to create mailing / / labels . Scenario 6: Staff receives application and / / needs to manaQe ... Scenario 7: Show how fees auto generate , / / how deposits are dealt ... Scenario 1: A large subdivision construction / / project with multiple ... Scenario 2: A residential contractor is / / submitting an ... Applicants can add documents at any time after submission , however if actual amendment records are required , they can be added to the Scenario 3: Amend an existing permit / ,/ project with additional configuration. [MB] Amendment Records are non BPT new records that typically require Residentia l Self configuration and scripting to build - Service ESTIMATE = 10 hours/amendment record . Scenario 4: Request an Inspection against / / an existing permit Scenario 5: Submit an anonymous code / / enforcement complaint online Scenario 6: Allow customers to run reports / / online Targeted messages can be managed by the agency administration or added Scenario 7: A customer views inspection / / to the project with additional results and receives ... configuration . [MB] Scripting would be required for targeted messaging - ESTIMATE = 10 hours/record type. © 2016 Version 4 .0 Page 25 98 Statement of Work Scenario 1: 1. Customer visits the online ../ ../ portal and realizes ... Scenario 1 :2. Customer wishes to manage ../ ../ his/her account information . Scenario 1 :3 . Customer wishes to obtain a ../ ../ fee estimate ... Scenario 1 :4 . Submit an application for a ../ ../ new Subdivision Plan Scenario 2: Submit an application for a ../ ../ Single Family ... Scenario 3: 1. Logged in as another ../ ../ contractor that already ... Scenario 3: 2. Demonstrate how a customer ../ ../ could amend details of an ... Scenario 4: 1. Logged in as another ../ ../ contractor that already has permit ... Scenario 4: 2. Request an optional ../ ../ inspection against a permit Scenario 4: 3. Reschedule the requested ../ ../ inspection Scenario 4: 4. Cancel the requested ../ ../ inspection Scenario 5: 1. Without being logged into the ../ ../ web porta ... Scenario 6:1. Show where online customers ../ ../ can access reports ... Scenario 6:2. Show how reports can be ../ ../ tarqeted to specific .. Agency specific alerts to online users can be managed by the agency administration or added to the project Scenario 7:a. Show how an online user ../ .,/ with additional configuration. [MB] views inspection results ... This is outs ide of the scope. Will need to do some investigating on effort/cost if they want to move forward with this feature. DELIVERABLE 21 : REMOTE USER ACCEPTANCE TESTING (UAT) Avocette will provide of support for training, oversight, answering questions and addressing issues discovered during 3 Days of Remote User Acceptance Testing. It should be noted that it is critical that the Agency devote ample time and resources to his effort to ensure that the system is operating per signed specifications and ready for the move to production. The testing effort will require a significant time investment by the Agency, and coordination of resources is critical. At this point in the implementation process, the Agency should test individual components of functionality of the solution (i .e., functional and/or unit testing), and also test to ensure that the interrelated parts of the Accela Civic Platform solution are operating properly (i.e., integration testing). © 2016 Version 4 .0 Page 26 ·, 99 Statement of Work DELIVERABLE 22 : ONSITE ENGAGEMENT & PROJECT QUALITY ASSURANCE Upon Initiation of professional service work Avocette will visit Cupertino for a Project Kick-Off session to orientate agency personnel with the online tutorials and engage with the City's Project Manager and related stakeholders to refine roles/responsibilities, and review business processes to align with configuration of Accela Civic Platform Best Practice Templates. The Project Kickoff Visit will entail 2 Days (up to 16 hours) onsite at start of project. The second crucial stage of implementation is just prior to "Go-Live" -Avocette will conduct a second visit for a duration of 3 Days (up to 24 hrs.) wherein our assigned Project Manager will provide assistance to the Agency ensure the solution meets the requirements as documented in all the deliverables. Avocette will work with the Agency in the testing and validation of the solution and its readiness to be migrated to production for active use at time of deployment. DELIVERABLE 22 A: ON SITE ADMINISTRATIVE TRAINING Avocette will provide training for Agency staff that focuses on the administration, maintenance , and augmentation of its Accela Civic Platform configuration . Our aim at Avocette is to educate Agency resources on all aspects of Accela Civic Platform in an effort to enhance the Agency 's self-sufficiency. This allows the Agency to best react to changing requirements and ongoing maintenance , which can allow the Agency to be proactive and significantly reduce system maintenance costs over time. In terms of specific output, the following will be executed for these deliverables (22 & 22A): >-2 Days Project Kickoff & Business Process Review >-1 Day Agenda Planning & Course Prep >-4 Day Administrative Training Course (Up to 32 hrs .) >-3 Days Onsite Production Deployment Support Avocette Responsibilities : • Coordinate with the Agency to define training schedule and logistics. • Deliver training per the specific requirements listed above. Agency Responsibilities : • Select and prepare the power-users who will be participating in the training and subsequently training end users. • Arrange the time and qualified people for the training who are critical to the project success. • Provide suitable Agency facilities to accommodate various training classes . • Ensure that users are proficient in using PC's in a Windows environment as a prerequisite for the course . • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. Acceptance Criteria: • Execution of listed training courses © 2016 Version 4 .0 Page 27 100 Statement of Work COST SCHEDULE Avocette will perform the Services below based on the deliverables outlined in this SOW. The pricing is based on the expected staffing requirements, project schedule , Avocette's and Customer's roles and responsib ilities and the other assumptions set forth in this SOW. Avocette's total price to perform the Services and provide the Deliverables described is $_137,465.00 _ exclusive of taxes and travel expenses (the "Fixed -Fee"). The Fixed-Fee price is based on the information available at the time of signing and !he assumptions , dependencies and constraints , and roles and responsibilities of the Parties , as stated in this SOW . Avocette will invoice the City of Cupertino on a monthly basis for each of the completed deliverables . For the purposes of this SOW , Avocette will invoice $2,783.33 for each of deliverable 1 to 16 completed (with the exception of Deliverable 2: Self-Directed Online Training) which is assigned to Agency personnel and is non-billable . Avocette will invoice $12,420.00 upon acceptance of deliverable 17 (GIS Deployment) and $33,750.00 upon acceptance of deliverable 18-A/B (Document Interfaces-Laserfiche & ProjectDox) Avocette will invoice $13,500.00 for deliverable 18C (Business Process Analysis & Project Management) upon project completion . Avocette will invoice $11,880 upon acceptance of deliverable 19 (New World Interface) and Avocette will invoice $10,125 upon acceptance of deliverable 20 (Out-of-Scope BPT Configurations) Avocette will invoice $3,240 for Deliverable 21 (Remote User Acceptance Testing) upon completion , and Avocette will invoice $5,400 for Del iverable 22 (Onsite Engagement & Quality Assurance) upon completion . Lastly, Avocette will invoice $5,400 for Deliverable 22A (Onsite Administrative Training) Total Amount of Invoices $137,465 for deliverables depicted in this SOW. The Agency is responsible for any Change Order Costs and Travel Expenses per actual for onsite engagement (see expenses) for this project. © 201 6 Version 4 .0 Page 28 '· 101 Statement of Work Premium Package Deliverable Price AA System Setup 1 Self-Directed Online Traininq (Non-Billable) 2 Setup of Land Manaqement best practice configurations 3 Setup of Agency Staff User Accounts 4 Workflow and Inspection D istinct Updates 5 Fee Schedule Configuration 6 $41 ,750.00 Service Record Types 7 *Note .Billed Per Agency Defined Data Fields 8 Deliverable User Group Perm ission Distinct Updates 9 Completed@ New User Group Permission with Distinct Updates 10 $2, 783. 33/ea Citizen Access Configuration 11 15 deliverables Property Data Upload 12 Licensed Professional Data Upload 13 Express Historical Data Convers ion 14 Citizen Access Configurat ion 15 WebEx (Remote) Admin & End-User Training 16 GIS-ESRI Deployment (92 Hours) 17 $12 ,420 Document Management Interfaces (250 Hours) 18 A ,B $33 ,750 Project Manaqement Oversiqht (100 Hours) 18 C $13 ,500 .00 New World Financial Interface (88 Hours) 19 $ 11 ,880 Out-of-Scope BPT Items & Permit Replication (75 Hours) 20 $10 ,125 Remote User Acceptance Testinq (UAT 3Days) (24 Hours) 21 $3 ,240 Onsite Engagement Project Kick-Off & QA (40 Hours) 22 $5 ,400 Onsite Adm inistrative Tra ininq (40 Hours) 22A $5 ,400 Total Avocette Services $137,465.00 CHANGE TO AGREED TO SCOPE The price above is based on the information available at the time of signing and the assumptions , dependencies constraints , roles and respons ibilities of the Parties , as stated in this SOW . Should there be changes to the scope , timeline or resources that increases the hours or costs needed to complete the project , a Change Order may be issued to address the increase in scope or costs . Avocette will endeavor not to exceed the total estimate amount without the prior approval of Customer; however should the Customer request additional work outside of the scope defined above , then Avocette will calculate the value of any change orders requ ired to address the additional work at a rate of $135 .00 per hour plus applicable expenses if any . Should the Customer and Avocette agree that any of the assumptions used to provide the fixed price quotation are invalid resulting in additional costs , then Avocette reserves the right to negotiate with the Customer to address these cost overages . © 20 16 Ve rsion 4 .0 Pag e 29 102 Statement of Work EXPENSES: Actual amounts of any reasonable and customary travel expenses incurred during the performance of services under this SOW will be billed to Agency, according to Avocette 's expense policy. Avocette will bill Customer for actual expenses incurred for travel and lodging/living , as well as other approved out-of-pocket expenses (such as mileage , park ing , tolls and telecommunications charges). Avocette will work with Customer to manage and control its expenses in accordance with Avocette travel pol icy guidelines and will not incur expenses in excess of the initial contracted budget below without Customer's prior written consent. Expense receipts will be made available as requested by Agency. Total estimated expenses are based on past engagement experience . Based on the assumption that there will only need to be 3x onsite trips at an estimated $_3 ,500 .00_ each , the travel expense budget estimate is $_10 ,500 .00_ Acceptance : Accepted By : Avocette Technologies ~ A~ Scott Ross Name -Type or Print Ch ief Executive Officer Title June 23rd 2017 Date © 201 6 Vers ion 4 .0 Accepted By : City of Cupertino Authorized Signature xS,u /\1rt:.Htt.L Name -Type or Print C-hl_.:" ~#P.t'~~t #//CEA' Title ~ ~f. Zv/}- Date Page 30 103 Contract No. __ _ Exhibit D Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured. Consultant shall maintain the following minimum insurance coverage: A . COVERAGE: (I) (2) (3) D (4) Workers' Compensation: Statutory coverage as required by the State of California. Liability : Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1 ,000,000 aggregate -all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$ I ,000 ,000 will be considered equivalent to the required minimum limits shown above. Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury : $500,000 each occurrence Property Damage : $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence Professional Liability Professional liability insurance which includes coverage for the professional acts , errors and omissions of Consultant in the amount of at least $ I ,000 ,000. I I Cupe rtino Sta nda rd Fonn Con1rncl-upJ111cd 2/2015 104 ACORDTM CERTIFICATE OF LIABILITY INSURANCE I D A TE (MM/DD/YY) 06/15/2017 PRODUCER Serial# 115260 THIS CERTIFICATE IS ISSUED AS A M A TTER OF INFORMATION WILLIS CANADA INC. OBA WILLIS TOWERS WATSON ONLY AND CONFERS NO RIGHTS UPO N THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES N OT A MEND, E X TEND OR 1500-1095 WEST PENDER STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. VANCOUVER.BC V6E2M6 TEL: 604-683-6831 INSURERS AFFORDING COVERAGE NAIC# INSUR ED INSURER A : C ONTINENTAL C ASUAL TY COMPAN Y AVOCETTE TECHNOLOGIES INC . INS URER B: 2ND FLOOR -42 2 SIXTH STREET INSU RER C: NEW WESTMINSTER , BC V3L 3B2 INSURER D: I INS URER E: COVERAGES THE PO LICIE S OF IN S UR AN CE LI S TED BELOW H AVE BEEN ISS UED TO THE INS URED NA MED ABOV E FOR THE POLICY PERIOD INDICATED. NOTWITHSTA NDING A NY REQ UIREMENT, TER M O R CO NDITION OF A N Y C ONTRACT O R O THER D OC UMENT WITH RESP EC T T O WHI C H THIS C ERTI FICATE M A Y BE ISSUED O R M AY PERTA IN , THE INSURAN CE A FFO RDED B Y THE P O LI C E S DESCRIBED HEREIN IS S UBJEC T T O A LL THE TERMS, E XC LUS ION S AND C ONDITI O NS O F SUC H PO LI C IES , A GG REGATE LI M ITS S HOWN M AY HAV E BEEN REDU C ED B Y PAID CLA IMS . JNSR ~%rii~ TYPE OF INSURANCE POLICY NUMBER p8k!fl,F!J,~1i}(,'<,1 p8k!f/r~~~~N LIMITS LTR GENERAL LIABILITY EACH OCCURRENC E -$ 1,000 ,000 s~~~*i Jq[aE~c~~~ncel A X COMMERC IAL GENERAL LIAB ILITY MPR 2755219 09/30/16 09/30/17 $ ,__ 0 CLA IMS MADE [8J OCC UR MED EXP (Any one perso n) $ ,__ (IN CLUDIN G BODILY INJUR Y & PERSONA L & ADV INJURY s -PROPERTY DAMAGE LI ABILIT Y) GE NERAL AGGREGATE s 1,000 ,000 - GEN'L AGGREGATE LIMI T APPLIES PER: PRO DU CTS • COMP/O P AGG $ xl n PRO-POLICY JECT n LOC AUTOMOBILE LIABILITY MPR 2755 219 09/30/16 09/30/17 COMBIN ED SINGLE LIMIT -s 500 ,000 A ANY AU TO (Ea accident) -ALL OW NED AUTOS BODILY INJURY -$ SCHEDULED AUTOS (Per person) -HI RED AUTOS BODILY INJURY x $ NON-OWNED AUTOS (Per accident) -PROPERTY DAM AGE (Per acci dent) s GARAGE LIABILITY AUTO ON LY • EA ACCIDENT s R ANY AUTO OTHER TH AN EAACC $ AUTO ON LY: AGG $ EXCESS/UMBRELLA LIABILITY EAC H OCC URRENC E s O occuR D CLAIMS MADE AGGR EGATE s $ ~ DEDUC TIBL E $ RETE NT ION s s WORKER'S COMPENSATION AND I T~~4'IfilrYs I IOTH-ER EMPLOYERS ' LIABILITY ANY PROPR IETOR/PAR TNER/EXECUTIVE EL EAC H ACCIDEN T $ OFF ICER/MEM BE R EXC LU DED? EL DISEASE· EA EMPLOY EE S Jf yes, describe un der SPEC IAL PROV ISIONS below EL DISEAS E -POLICY LIMIT $ OTHER A PROFESSIONAL LIABILITY PLP 2878253 09/30/16 09/30/17 $1,000,000 PER CLAIM $1 ,000,000 PER AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED B Y ENDORSEMENT/SPECIAL PROVISIONS CITY OF CUPERTINO, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, EMPLOYEES AND VOLUNTEERS ARE ADDE D AS AN ADDITI ONAL INSURED S, BUT ONL Y WITH RE SPE CT TO LI ABILIT Y ARI SING VI CA RI OUSLY OUT OF THE OPER ATI ONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION SHOU LD ANY OF TH E ABOVE DESCR IBE D POLICIES BE CANCELLE D BE FOR E TH E EX PI RAT ION DAT E THER EOF , THE ISS UIN G INS URER WILL ENDEAVOR TO MAIL~DAYS WR ITIEN NOTICE TO THE CER TIFICATE HOLDER NAMED TO THE LEFT . BUT FA IL URE TO DO SO SHA LL CITY OF CUPERTINO IMPOSE NO OB LI GATI ON OR LIABILI TY OF ANY KIND UPON THE INSURER. IT S AGEN TS OR 10300 TORRE AVE . REPRESEN TATI VES. AUTHORIZED REPRESENTATIVE WILLIS CANADA INC. DBA WILLIS TOWERS WATSON CUPERTINO CA 95014 -=l=?a.,,.a..:.,. I ACCOUNT MANAGER ACORD 25 (2001/08) © ACORD CORPORATION 1988 105 Agency: The City Of Cupertino Project Code: Date: 09/13/2018 Contract ID: PO #2017-00000599 Initiating Department: Building Initiated By: The City of Cupertino PROJECT CHANGE ORDER DESCRIPTION/TASK SUMMARY: At the request of the City of Cupertino, Avocette will be conducting additional end-user and administrative training. The training will be through WebEx sessions and on-site at the time of Go-Live. It is expected that training will occur not only for Cupertino staff but also local contractors and citizens who be using the system regularly. Avocette will provide the following training: 1.Up to 20 hours of WebEx sessions a.Each session will last one to two hours b.Sessions can occur prior to or up to one month following Go-Live 2.20 hours of on-site training a.Sessions will be at the discretion of Cupertino i.Cupertino will be responsible for the organization of the sessions 1.Communicating timing and organization of the location In addition to training Avocette will be updating configuration of the building module to align with Cupertino requirements. The listing of configuration updates and cost is summarized in the table below (a listing of the full deliverables is provided in Appendix A). Configuration Updates Estimated Effort (hours) Estimated Cost ($135/hr) Building over-the-counter (OTC) Permits 100 13,500 Planning OTC Permits 80 10,800 Remove Checkboxes that Create Subcase Permits 2 270 Add ASI Group for Required Permit Information 4 540 Electrical ASIs Associated to Fees will need be Updated 16 2,160 Certain Electrical Fees will need Manually Calculations 2 270 Mechanical ASIs Associated to Fees will need be Updated 24 3,240 Plumbing ASIs Associated to Fees will need be Updated 16 2,160 Certain Plumbing Fees will need Manually Calculations 2 270 Exhibit B 106 MISC Fees will need be Updated 24 3,240 Project Management 16 2,160 Total 286 38,610 This change order will also extend the project end date to March 31st 2019. Total Project Schedule Impact: The requested configuration updated have extended the project schedule with the total impact yet to be determined. Total Project Resource Impact: Cupertino will need to ensure team members, contractors, and regular users are available for training. Total Project Cost Impact: $44,010 Current deliverable pricing Description Price n/a Proposed deliverable pricing Description Price CO#002a – Additional end-user and admin training $5,400 CO#002b – Configuration updates $38,610 CO#002c – Contract extension - Total $44,010 EXPIRATION: 1 Year from Execution of this Change Order. ESTIMATE DESCRIPTION/TASK SUMMARY: At the request of the City of Cupertino, Avocette has prepared a cost estimate for the Pentamation data conversion, implementation of the Accela Licensing module, and the Building Eye interface. The following summarizes the tasks, deliverables, and costs (using a rate of $135/hour) for the three projects. Pentamation Data Conversion The Pentamation data conversion will involve migrating data from the legacy Pentamation system to the Cupertino Accela system. Cupertino staff will be providing the Pentamation in an agreed to database export (SQL Server or Oracle) format. Avocette will then import the data to staging tables, map to the Accela system configuration, and then convert into the SUPP, TEST, and PROD environment (3 runs in total). The following are the tasks and deliverables for this project. Also indicated are the time and cost estimates. 1.Data conversion analysis and documentation – 120 hours - $16,200 a.WebEx meetings to discuss Pentamation export data formats and Accela staging table requirements b.Import of Pentamation data to Accela staging tables i.There may be more that 3 attempts to ensure data can be moved correctly from Pentamamtion to Accela c.Mapping of Accela configuration to staging tables 107 d.Preparation of Accela tables 2.Data conversion development – 180 hours - $24,300 a.Finalization of Accela tables and data dumps i.Three runs will be made in total – run into SUPP, TEST, and PROD b.Export to Accela for load into the environment c.Data validation BuildingEye This project will involve developing an interface between BuildingEye and Accela. It is expected that the interface will involve updating Accela and BuildingEye configuration settings. 1.Meetings, configuration, and testing – 40 hours - $5,400 The table below summarizes the total estimate for the two projects. Proposed deliverable pricing for the estimate Description Price Pentamation Data Conversion $40,500 BuildingEye Interface $5,400 Total $45,900 EXPIRATION: 1 Year from date of this Estimate. The total cost summary for the change order and two estimates is presented below. Description Price Project Change Order $44,010 Pentamation Data Conversion $40,500 BuildingEye Interface $5,400 Total $89,910 108 Appendix A. Configuration Update Deliverables 1. Building over-the-counter (OTC) Permits Basic permits – termed over-the-counter (OTC) will be configured to allow for permit issuance following submission through ACA. The basic permit types are the following: 1.Water Heater 2.Furnace 3.AC 4.Re-roof 5.Remove and Replace Siding/Stucco 6.Whole House Re-pipe 7.Electrical Panel upgrade (same location) The permits will share the same fee schedule, workflow, and inspections. Depending on permit type the fee will be auto-assessed and invoiced forcing the person applying in ACA to pay before the permit is accepted and issued. Triggers will be applied to stop the permit from issuance: 1.Eichler a.GIS based data 2.HOA a.GIS based data 3.Historical a.GIS based data 4.Project Value/Construction Valuation > $50,000 a.ASI/data field 5.Owner Builder a.ASI/data field 6.Licensed Contractors a.Need valid State License, Business License, and worker’s comp data. Will update the CSLB script and apply to these records types. Once the permit is accepted an email will go out with the permit attached. As part of this updated we expect further analysis sessions. Analysis documents will be developed and signed off on prior to configuration. 2. Planning OTC Permits Basic permits – termed over-the-counter (OTC) will be configured to allow for permit issuance following submission through ACA. The basic permit types are the following: 1.Temporary signs 2.Zoning verification 3.Special events 109 The permits will share the same fee schedule, workflow, and inspections. Depending on permit type the fee will be auto-assessed and invoiced forcing the person applying in ACA to pay before the permit is accepted and issued. Triggers similar to the building OTC permits can be applied. Once the permit is accepted an email will go out with the permit attached. As part of this updated we expect further analysis sessions. Analysis documents will be developed and signed off on prior to configuration. 3.Remove Checkboxes that Create Subcase Permits Applicable Permits/Records All building permits including: o Commercial/multi-family/residential addition o Commercial/multi-family/residential alteration o Commercial/multi-family/residential demolition o Commercial/multi-family/residential electrical o Commercial/multi-family/residential mechanical o Commercial/multi-family/residential new o Commercial/multi-family/residential plumbing o Commercial/multi-family/residential pool-spa o Commercial/multi-family/residential re-roof o Commercial sign o Commercial/multi-family/residential solar o Commercial tiprep Configuration Updates Remove the following checkbox data fields - SUB-PERMITS REQUIRED data fields group: Mechanical Required? Electrical Required? Plumbing Required? MISC Required? 4.Add ASI Group for Required Permit Information Applicable Permits/Records All building permits including: o Commercial/multi-family/residential addition o Commercial/multi-family/residential alteration o Commercial/multi-family/residential demolition o Commercial/multi-family/residential electrical 110 o Commercial/multi-family/residential mechanical o Commercial/multi-family/residential new o Commercial/multi-family/residential plumbing o Commercial/multi-family/residential pool-spa o Commercial/multi-family/residential re-roof o Commercial sign o Commercial/multi-family/residential solar o Commercial tiprep Configuration Updates Add a data field group called – REQUIRED PERMIT INFORMATION. Add the following numeric data fields: Photovoltaic System – unit is Kilowatts Electrical Vehicle Charging Station – unit is Amperage Solar Water Heater – unit is Quantity Telecom Facility (New Antenna Site) – unit is Quantity 5.Electrical ASIs Associated to Fees will need be Updated Applicable Permits/Records Electrical permit records: Residential/Electrical Commercial/Electrical Multi-Family/Electrical Fee Schedule Only the V(2018-19) fee schedule will be updated. Configuration Updates Certain electrical fees are associated to ASIs. If these fees are manually added then the amount will always be $0. The fees will need to be configured in the following manner: Update the formula from FEE_MULTIPLIER to CONSTANT – the fee amount will be the Calc Variable and Quantity will be defaulted to 1 (the user will enter Quantity) o if manually entered the fee amount will be the fee * Quantity entered o if it is an electrical permit and a value is entered into the corresponding ASI the fee amount will be ASI value * fee since ASIs are defaulted to 0 the fee will be $0 unless an ASI value >= 1 is inputted 111 The fees that will need to be updated are the following – corresponding scripts will also be required to use the ASI values: Pole or platform-mounted lighting fixtures (each) – ELC_090 Theatrical-type lighting fixtures or assemblies (each) – ELC_100 Fixed residential appliances or receptacle outlets not exceeding 1(HP) in rating (each) –ELC_110 Residential appliances and self -contained factory-wired, nonresidential appliances – ELC_120 Residential appliances/self-contained nonresidential appliances <=1 (HP), (kW), or (kVA) in rating – ELC_130 Signs, Outline Lighting, or Marquees supplied from one branch circuit (each) – ELC_160 Additional branch circuits within the same sign, outline lighting system, or marquee (each) – ELC_170 Services of 600 volts or less, up to 200 amperes in rating (each) – ELC_180 Services of 600 volts or less, 201 to 1000 amperes in rating (each) – ELC_190 Services over 600 volts or over 1000 amperes in rating (each) – ELC_200 Electrical apparatus, conduits, and conductors for which a permit is required and fees not stated – ELC_220 6. Certain Electrical Fees will need Manual Calculations Applicable Permits/Records Electrical permit records: Residential/Electrical Commercial/Electrical Multi-Family/Electrical Fee Schedule Only the V(2018-19) fee schedule will be updated. Configuration Updates When the electrical fees below are manually added to an addition/alteration/new permit (or any permit other than those listed above) the value will amount to $1 unless the total fee amount is entered correctly. Residential Rewire o If ASI “Residential Rewire” is <2500 sq ft, add fee of $329 - * If ASI “Residential Rewire” is >2500 sq ft, add fee of $164/1000 sq ft Receptacle, Switch, and Lighting Outlets, except services/feeders/meters 112 o If ASI “Receptacle, Switch, and Lighting Outlets, except services/feeders/meters (First 20)” is between 1 and 19, charge $56 - * Each Additional = $5 Lighting Fixtures, sockets, or other lamp-holding devices o If ASI “Lighting Fixtures, sockets, or other lamp-holding devices (First 20)” is between 1 to 20, charge $82 - * Each Additional = $7 Motors, generators, transformers, rectifiers, cooking or baking equipment, and other apparatus o If a permit is for 1 motor then the fee should be $164+$41. If a permit is for 2 -5 motors, then the fee should be $164+$41(first motor)+$41(2-5 motors). If the permit is for 6 or more motors, then the fee should be $164+$41(first motor)+$41(2-5 motors)+$41(6+motors) Trolley and plug-in-type busways o Calculate based on SQ FT in ASI “Trolley and plug-in-type busways” – add fee of $82 for each 100 feet or fraction thereof 7.Mechanical ASIs Associated to Fees will need be Updated Applicable Permits/Records Electrical permit records: Residential/Mechanical Commercial/Mechanical Multi-Family/Mechanical Fee Schedule Only the V(2018-19) fee schedule will be updated. Configuration Updates Certain mechanical fees are associated to ASIs. If these fees are manually added then the amount will always be $0. The fees will need to be configured in the following manner: Update the formula from FEE_MULTIPLIER to CONSTANT – the fee amount will be the Calc Variable and Quantity will be defaulted to 1 (the user will enter Quantity) o if manually entered the fee amount will be the fee * Quantity entered o if it is an electrical permit and a value is entered into the corresponding ASI the fee amount will be ASI value * fee since ASIs are defaulted to 0 the fee will be $0 unless an ASI value >= 1 is inputted The fees that will need to be updated are the following – corresponding scripts will also be required to use the ASI values: Install/Relocate forced air or gravity-type furnace/burner up to and including 100,000 Btu/h (each) – MECH_060 113 Install/Relocate forced air or gravity-type furnace/burner over 100,000 Btu/h (each) – MECH_070 Install/Relocate floor furnace, including vent (each) - MECH_080 Install/Relocate suspended heater, recessed wall heater, or floor-mounted unit heater – residential - MECH_090 Install/Relocate suspended heater, recessed wall heater, or floor-mounted unit heater – commercial - MECH_100 Install/Relocate/Replace appliance vent installed; not included in an appliance permit – residential - MECH_110 Install/Relocate/Replace appliance vent installed; not included in an appliance permit – commercial - MECH_120 Repair/Alter/Add heating appliance, refrigeration, cooling, absorption unit/system – Residential - MECH_130 Repair/Alter/Add heating appliance, refrigeration, cooling, absorption unit/system – commercial - MECH_140 Install/Relocate boiler/compressor <= 3HP; absorption system <= 100,000 Btu/h - MECH_150 Install/Relocate boiler/compressor >3HP <=15 HP; absorption system >100,000 Btu/h <= 500,000 Btu/h - MECH_160 Install/Relocate boiler/compressor >15 HP <=30 HP; absorp system > 500,000 Btu/h, <= 1,000,000 Btu/h - MECH_170 Install/Relocate boiler/compressor >30 HP <=50 HP; absorp system >1,000,000 Btu/h <=1,750,000 Btu/h - MECH_180 Install/Relocate boiler/compressor > 50 HP; absorption system > 1,750,000 Btu/h - MECH_190 Air-handling unit, including attached ducts – Residential - MECH_200 Air-handling unit, including attached ducts – Commercial - MECH_210 Air-handling unit over 10,000 CFM (each) - MECH_220 Ventilation fan connected to a single duct (each) - MECH_230 Ventilation system that is not a part of any heating/ air-conditioning system authorized by a permit - MECH_240 Hood installation served by mechanical exhaust, including the ducts for such hood – Residential - MECH_250 Hood installation served by mechanical exhaust, including the ducts for such hood – Commercial - MECH_260 Appliance/equipment not classed in other appliance categories, or for which no other fee is listed - MECH_270 114 8. Plumbing ASIs Associated to Fees will need be Updated Applicable Permits/Records Plumbing permit records: Residential/Plumbing Commercial/Plumbing Multi-Family/Plumbing Fee Schedule Only the V(2018-19) fee schedule will be updated. Configuration Updates Certain plumbing fees are associated to ASIs. If these fees are manually added then the amount will always be $0. The fees will need to be configured in the following manner: Update the formula from FEE_MULTIPLIER to CONSTANT – the fee amount will be the Calc Variable and Quantity will be defaulted to 1 (the user will enter Quantity) o if manually entered the fee amount will be the fee * Quantity entered o if it is an electrical permit and a value is entered into the corresponding ASI the fee amount will be ASI value * fee since ASIs are defaulted to 0 the fee will be $0 unless an ASI value >= 1 is inputted The fees that will need to be updated are the following – corresponding scripts will also be required to use the ASI values: Plumbing fixture/trap/one trap fixtures, including water, drainage piping, and backflow protection - PLM_060 Building or trailer park sewer (each - Residential) - PLM_070 Building or trailer park sewer (each - Commercial) - PLM_080 Rainwater system inside building (per drain) - PLM_090 Private sewage disposal system (each) - PLM_100 Water Heater and/or vent (each) – Residential - PLM_110 Water Heater and/or vent (each) – Commercial - PLM_120 Industrial waste pretreatment interceptor, except kitchen grease interceptors used as fixture traps - PLM_130 Install/Alter/Repair water piping and/or water treating equipment (each) - PLM_140 Repair/Alter drainage or vent piping (each fixture) - PLM_150 Lawn sprinkler system on any one meter, including b ackflow protection devices therefore (each) - PLM_160 Backflow devices not included in other fee services, e.g., building/trailer park sewer (each) - PLM_170 Water Service - PLM_220 115 Re-pipe per fixture - Residential - PLM_230 Re-pipe per fixture - Commercial - PLM_240 9. Certain Plumbing Fees will need Manual Calculations Applicable Permits/Records Electrical permit records: Residential/Plumbing Commercial/Plumbing Multi-Family/Plumbing Fee Schedule Only the V(2018-19) fee schedule will be updated. Configuration Updates When the plumbing fees below are manually added to an addition/alteration/new permit (or any permit other than those listed above) the value will amount to $1 unless the total fee amount is entered correctly Atmospheric-type vacuum breakers not included in other fee services o If ASI “Atmospheric-type vacuum breakers not included in other fee services (1 - 5 units)” is between 1 and 5, charge $82 - each unit over 5 units, charge $82/unit For each gas piping system outlets o If ASI “For each gas piping system of 1-4 outlets” is 1 to 4, charge $82 - 5 or more outlets (each is >1, charge $82 each) 10. MISC Fees will need be Updated Applicable Permits/Records All building permits including: o Commercial/multi-family/residential addition o Commercial/multi-family/residential alteration o Commercial/multi-family/residential demolition o Commercial/multi-family/residential electrical o Commercial/multi-family/residential mechanical o Commercial/multi-family/residential new o Commercial/multi-family/residential plumbing o Commercial/multi-family/residential pool-spa 116 o Commercial/multi-family/residential re-roof o Commercial sign o Commercial/multi-family/residential solar o Commercial tiprep Fee Schedule Only the V(2018-19) fee schedule will be updated. Configuration Updates Certain miscellaneous fees are associated to ASIs. If these fees are manually added then the amount will always be $0. The fees will need to be configured in the following manner:  fee amount will be the fee * quantity o Will update the formula from FEE_MULT IPLIER to CONSTANT – the fee amount will be the Calc Variable and Quantity will be defaulted to 1 (the user will enter Quantity) The fees that will need to be updated are the following:  Acoustical Review-Single Family Home/Duplex—New - MISC_030  Acoustical Review-Single Family Home/Duplex—Addition/Alteration - MISC_040  Acoustical Review-Multi-Family/Commercial - MISC_050  Additions (Non Hillside R3 Occupancy) - Plan Check Fees-Over the counter (conventional framing) - MISC_060  Antenna—Telecom Facility-Radio - MISC_120  Antenna—Telecom Facility- Cellular/Mobile Phone, free-standing - MISC_130  Antenna—Telecom Facility- Cellular/Mobile Phone, attached to building - MISC_140  Arbor/Trellis - MISC_150  Awning/Canopy (supported by building) - MISC_160  Balcony Addition - MISC_170  Carport - MISC_180  Field Evaluation Certification - MISC_190  Special Inspector Qualifications (initial review) - MISC_200  Special Inspector Qualifications (renewal / update) - MISC_210  Special Inspector Certification Application - MISC_220  Materials Testing Lab Certification - MISC_230  Chimney (new) - MISC_240  Chimney Repair - MISC_250  Close Existing Openings-Interior wall - MISC_260  Close Existing Openings-Exterior wall - MISC_270  Commercial Coach (per unit) - MISC_280  Covered Porch - MISC_290  Deck (wood) - MISC_300 117  Deck Railing - MISC_310  Demolition- Swimming Pool Residential - MISC_350  New door (non structural) - MISC_380  New door (structural shear wall/masonry) - MISC_390  Duplicate / Replacement Job Card - MISC_400  Electric Vehicle Charging Station - MISC_410  Fireplace – Masonry - MISC_490  Fireplace - Pre-Fabricated/Metal - MISC_500  Flag pole (over 20 feet in height)\ - MISC_510  Foundation Repair - MISC_520  Garage / Agricultural Buildings - Wood frame up to 1,000 sf - MISC_530  Garage / Agricultural Buildings - Masonry up to 1,000 sf - MISC_540  Green Building Deposit - Third Party Certification Process - Single-Family Residential - MISC_550  Green Building Deposit - Third Party Certification Process - Multi-Family Residential - MISC_560  Green Building Deposit - Third Party Certification Process - Non-Residential - MISC_570  Life Safety Report - MISC_660  Lighting pole - MISC_670  Lighting pole - each additional pole - MISC_680  Modular Structures - MISC_690  Occupancy - Certificate of Occupancy/Completion - MISC_710  Photovoltaic System – Residential - MISC_790  Re-roof - Residential (maximum $500 per building) - MISC_910  Re-roof - Multi-Family Dwelling (maximum $500 per building) - MISC_920  Revisions - Commercial (New and Tenant Improvement) - MISC_990  Revisions - Single Family Dwelling (New and Additions) - MISC_1000  Revisions – Remodel - MISC_1010  Sauna—steam - MISC_1020  Signs – Directional - MISC_1050  Signs - Each additional Directional Sign - MISC_1060  Signs - Ground/Roof/Projecting Signs - MISC_1070  Signs - Master Plan Sign Check - MISC_1080  Signs - Rework of any existing Ground Sign - MISC_1090  Signs - Other Sign - MISC_1100  Signs - Reinspection Fee - MISC_1110  Signs - Wall/Awning Sign, Non-Electric - MISC_1120  Signs - Wall, Electric - MISC_1130  Shed over 120 square feet - MISC_1140  Skylight - 50 sf or less (cumulative area) - MISC_1150 118  Skylight - Greater than 50 sf or structural - MISC_1160  Solar Water Heating - MISC_1170  Swimming Pool/Spa - Spa or Hot Tub (Pre-fabricated) - MISC_1260  Temporary Structures MISC_1270  Tenant Improvement Preparation - MISC_1280  Window or Sliding Glass Door - New Window (non structural) - MISC_1300  Window or Sliding Glass Door - New window (structural shear wall/masonry - MISC_1310  Window or Sliding Glass Door - Bay Window (structural) - MISC_1320 119 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION _______DAYS WRITTENDATETHEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. CYBER LIABILITY ACCOUNT MANAGER WILLIS CANADA INC., A WILLIS TOWERS WATSON COMPANY DATE (MM/DD/YY) POLICY EXPIRATIONPOLICY EFFECTIVE CANCELLATION INSRLTR © ACORD CORPORATION 1988 $ $ $ $ $ $ $$ $ $ $ $ $ $ $ $ $ $ $ AC ORD 25 (2001/08) INSURER A: COVERAGES CERTIFICATE HOLDER THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER LIMITS PRODUCER INSURED GENERAL AGGREGATE EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE BODILY INJURY EACH OCCURRENCE AGGREGATE COMBINED SINGLE LIMIT PROPERTY DAMAGE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE DAMAGE TO RENTED MED EXP (Any one person) AUTO ONLY - EA ACCIDENT OTHER THAN AGG WC STATU-TORY LIMITS OTH-ER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS OCCUR DEDUCTIBLE EXCESS/UMBRELLA LIABILITY WORKER'S COMPENSATION AND OCCUR COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS MADE ANY AUTO ANY PROPRIETOR/PARTNER/EXECUTIVE EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? If yes, describe under GARAGE LIABILITY DATE (MM/DD/YY) DATE (MM/DD/YY) AUTHORIZED REPRESENTATIVE INSURER B: INSURER C: INSURER D: INSURER E: ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSURERS AFFORDING COVERAGE NAIC# AD D'LINSRD POLICY LOCPRO-JECT CLAIMS MADE RETENTION $ SPECIAL PROVISIONS below OTHER PREMISES (Ea occurence) (Ea accident) (Per person) BODILY INJURY (Per accident) (Per accident) AUTO ONLY: EA ACC $ $ $ ACORDTM MPR 2755219 10/03/2018 09/30/18 CITY OF CUPERTINO, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, EMPLOYEES AND VOLUNTEERS ARE ADDED AS AN ADDITIONAL INSUREDS, BUT ONLY WITH RESPECT TO LIABILITY ARISING VICARIOUSLY OUT OF THE OPERATIONS OF THE NAMED INSURED. A WAIVER OF SUBROGATION IS GRANTED IN FAVOUR OF THE CERTIFICATE HOLDER. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY 09/30/19 WILLIS CANADA INC., A WILLIS TOWERS WATSON COMPANY 1500 - 1095 WEST PENDER STREET VANCOUVER, BC V6E 2M6 TEL: 604-683-6831 PLP 2878253 09/30/18 09/30/19 $2,000,000 PER CLAIM $2,000,000 PER AGGREGATE A AVOCETTE TECHNOLOGIES INC. 2ND FLOOR - 422 SIXTH STREET NEW WESTMINSTER, BC V3L 3B2 MPR 2755219 (INCLUDING BODILY INJURY & PROPERTY DAMAGE LIABILITY) 09/30/18 09/30/19 2,000,000 1,000,000 2,000,000 2,000,000 2,000,000 X X X X X X 30 CITY OF CUPERTINO 10300 TORRE AVE. CUPERTINO CA 95014 CONTINGENT EMPLOYERS LIABILITY A A CONTINENTAL CASUALTY COMPANY CERTIFICATE OF LIABILITY INSURANCE 115260Serial # REVISED 120 Paula Hardie, BA, CIP, CAIB Account Manager 1500 –1095 West Pender St. Vancouver, BC V6E 2M6 Canada T +604.683.6831 D +604.605.3654 E paula.hardie@willistowerswatson.com W willistowerswatson.com Page 1 of 1 October 3, 2018 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 To Whom It May Concern: Subject:Avocette Technologies Inc. Willis Towers Watson is the insurance broker for Avocette Technologies Inc. (Avocette). This letter is to confirm that Avocette has Contingent Employers Liability insurance under their Commercial General Liability as evidenced on the attached certificate. In British Columbia, Canada, Primary Worker ’s Compensation insurance, including Employer s Liability,is provided by the Provincial WorkSafe BC Program. The Contingent Employer s Liability coverage will provide coverage for any employee who is ineligible for the WorkSafe BC coverage. Should you have any questions please do no t hesitate to contact the undersigned. Sincerely, Paula Hardie, BA, CIP, CAIB Account Manager 121 Avocette Technologies Inc.October 03, 2018 422 Sixth Street NEW WESTMINSTER, BC V3L 3B2 Person/Business : Account number : AVOCETTE TECHNOLOGIES INC 497718 We confirm that the above-mentioned account is currently active and in good standing. This firm has had continuous coverage with us since January 01, 1994 and has satisfied assessment remittance requirements to October 01, 2018. The next payment that will affect this firm's clearance status is due on October 20, 2018. This information is only provided for the purposes of Section 51 of the Workers Compensation Act, which indicates that a person using a contractor or subcontractor to perform work may be responsible for unpaid assessments of the contractor or subcontractor. Employer Service Centre Assessment Department Clearance Reference # : C130486537 CLRA1A 6951 Westminster Highway Richmond BC V7C 1C6 www.worksafebc.com Telephone 604 244 6380 Toll Free within Canada 1 888 922 2768 Fax 604 244 6390 Assessment Department Mailing Address Location Clearance Section PO Box 5350 Station Terminal Vancouver BC V6B 5L5 To alter this document constitutes fraud. Please refer to your account number in your correspondence or when contacting the Assessment Department. Now you can report payroll and pay premiums online. Visit www.worksafebc.com - 1 - 122 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4507 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/18/2018 City Council On agenda:Final action:11/5/2018 Title:Subject: Application for Alcohol Beverage License for Qin-Tang Charm Restaurant, Inc (dba Qin-Tang Charm Restaurant), 10271 Torre Avenue Sponsors: Indexes: Code sections: Attachments:Staff Report A-Application Action ByDate Action ResultVer. City Council11/5/2018 1 Subject: Application for Alcohol Beverage License for Qin-Tang Charm Restaurant, Inc (dba Qin-Tang Charm Restaurant), 10271 Torre Avenue Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Qin-Tang Charm Restaurant, Inc (dba Qin-Tang Charm Restaurant), 10271 Torre Avenue CITY OF CUPERTINO Printed on 10/31/2018Page 1 of 1 powered by Legistar™123 CITY COUNCIL STAFF REPORT Meeting: November 5, 2018 Subject Application for Alcoholic Beverage License for Qin-Tang Charm Restaurant Inc (dba Qin-Tang Charm Restaurant), 10271 Torre Avenue. Recommended Action Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Qin-Tang Charm Restaurant Inc (dba Qin-Tang Charm Restaurant), 10271 Torre Avenue. Description Name of Business: Qin-Tang Charm Restaurant Location: 10271 Torre Avenue Type of Business: Restaurant Type of License: 41 – On-Sale Beer & Wine – Eating Place (Restaurant) Reason for Application: Annual Fees, Original Fees Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed. Therefore, staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and wine for consumption on or off the premises where sold. The tenant space was previously occupied by JS Stew House. Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Jeffrey Tsumura, Assistant Planner, Planning Division Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: Amy Chan, Interim City Manager Attachment: A - Application COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org 124 125 126 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4519 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/23/2018 City Council On agenda:Final action:11/5/2018 Title:Subject: Application for Alcohol Beverage License for Alchena Capital, LLC (dba Kiku Sushi), 1655 S. De Anza Boulevard Sponsors: Indexes: Code sections: Attachments:Staff Report A-Application Action ByDate Action ResultVer. City Council11/5/2018 1 Subject: Application for Alcohol Beverage License for Alchena Capital, LLC (dba Kiku Sushi), 1655 S. De Anza Boulevard Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Alchena Capital, LLC (dba Kiku Sushi), 1655 S. De Anza Boulevard CITY OF CUPERTINO Printed on 10/31/2018Page 1 of 1 powered by Legistar™127 CITY COUNCIL STAFF REPORT Meeting: November 5, 2018 Subject Application for Alcoholic Beverage License for Alchena Capital, LLC (dba Kiku Sushi), 1655 S. De Anza Boulevard, Suite #7. Recommended Action Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Alchena Capital, LLC (dba Kiku Sushi), 1655 S. De Anza Boulevard, Suite #7. Description Name of Business: Kiku Sushi Location: 1655 S. De Anza Boulevard Type of Business: Restaurant Type of License: 41 – On-Sale Beer & Wine – Eating Place (Restaurant) Reason for Application: Annual Fees, Original Fees Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed. The business has an existing separate bar facility approved under U-1999-20 and had a Type 47 ABC license under previous ownership. Therefore, staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and wine for consumption on or off the premises where sold. This business is located on the northwest corner of S. De Anza Boulevard and Prospect Road. Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Jeffrey Tsumura, Assistant Planner, Planning Division Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: Amy Chan, Interim City Manager Attachment: A - Application COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org 128 129 130 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4477 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/8/2018 City Council On agenda:Final action:11/5/2018 Title:Subject: Mitigation Fee Act - Annual and Five-Year Report - Fiscal Year 2017-2018 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Developer In-Lieu Fee Report B - Draft Resolution Action ByDate Action ResultVer. City Council11/5/2018 1 Subject: Mitigation Fee Act - Annual and Five-Year Report - Fiscal Year 2017-2018 Accept the Five-Year and Annual Review of the City of Cupertino's Development Impact Fees (Government Code Section 66000 et seq.); and Adopt Resolution No. 18-105 entitled "A Resolution of the City Council of the City of Cupertino, California, Approving the Five-Year and Annual Development Impact Fee Reports and Making Required Findings." CITY OF CUPERTINO Printed on 10/31/2018Page 1 of 1 powered by Legistar™131 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 5, 2018 Subject Mitigation Fee Act - Annual and Five-Year Report – Fiscal Year 2017-2018. Recommended Action Accept the Five-Year and Annual Review of the City of Cupertino’s Development Impact Fees (Government Code Section 66000 et seq.); and Adopt Resolution No. 18-____ entitled “A Resolution of the City Council of the City of Cupertino, California, Approving the Five-Year and Annual Development Impact Fee Reports and Making Required Findings.” Description The Mitigation Fee Act (Government Code Section 66000 et seq.) requires public agencies to account for and make findings when imposing development impact fees as a condition of development approval. The law also requires that the agency annually review and make available to the public a report accounting for the development impact fees held by the agency. Additional reporting is required at least every five years. There are several impact fees that the City has required as a condition of development approval in lieu of requiring the construction of certain public improvements. These fees are subject to this annual and five-year reporting requirement. Most of these fees are “ad- hoc” fees which were imposed to mitigate the impacts of a particular development and were based on the development’s fair share of a larger improvement project. Discussion The Mitigation Fee Act requires the City to make available to the public, on an annual basis, the following information concerning development impact fees each fiscal year:  Type of fee  Amount of the fee  Beginning and ending balances of the account or fund  Fees collected that year and interest earned  An identification of each public improvement for which fees were expended and the amount of the expenditures related to each improvement (including the total percentage of the cost of the public improvement that was funded with in‐lieu fees); 132  An identification of an approximate date by which the construction of the public improvements will commence for those improvements where sufficient funds have been collected to complete financing of the improvement;  A description of each inter-fund transfer or loan, if any, including the public improvement on which the transferred or loaned fees will be expended and the date upon which any loan will be repaid with the amount of interest on the loan; and,  The amount of any refunds made pursuant to Government Code section 66001(e) and any allocations made pursuant to Government Code section 66001(f). The City also must make certain findings with regard to unfinished improvements every five years following the first deposit of impact fees into a fund. The agency must identify the purpose for which the fee was expended and demonstrate a reasonable relationship between the amount of the fee and the purpose for which it was used. The agency also must identify all sources and amounts of funding anticipated to complete the financing of incomplete improvements and designate the approximate dates on which this funding is expected to be deposited into the account. Fees received through a development agreement are exempt from the five-year report. The attached report includes the annual report for the fiscal year ending June 30, 2018 and a five-year report for all fees. All construction projects listed have or will commence within the next five years, as shown in the report. Although the City provided a five-year format as of last fiscal year, so a new five-year report is not required, the five-year format provides additional detail, so the City voluntary provides such data to better inform the public. Sustainability Impact None Fiscal Impact As all of the subject fees were collected exclusively for a specific purpose of design and constructing certain improvements, as long as these fees are programmed they will be retained until used. ____________________________________ Prepared by: Chad Mosley, City Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: Amy Chan, Interim City Manager Attachments: A - Developer In-Lieu Fee Report - Annual and Five-Year B – Draft Resolution 133 City of Cupertino AB 1600 ‐ Mitigation Fee Act Annual & Five Year Report for the fiscal year ending June 30, 2018 Dept.: Community Development Project: Below Market Rate (BMR) Housing Mitigation Fee Local Authority: Information on the City’s BMR Housing Mitigation Fee is provided as a courtesy. The City of Cupertino has collected BMR mitigation fees from commercial and residential developments since 1992 based on nexus studies conducted at that time. On May 5, 2015, the City Council adopted Resolution 15-036, accepting three reports from Keyser Marston Associates, Inc. (KMA) Summary and Recommendations BMR Housing Mitigation Program, Non-Residential Jobs- Housing Nexus Analysis, and Residential BMR Housing Nexus Analysis) which collectively form the City’s Nexus Study justifying the current residential and non-residential Housing Mitigation Fees. Per Resolution 17-052, the City Council adopted the updated BMR residential and non-residential (office, research and development, industrial, hotel, retail and commercial) Housing Mitigation Fees for purposes of this reporting year (July 1, 2017 – June 30, 2018). The fiscal year 2017-18 BMR Housing Mitigation Fee amounts are being reported below. Voluntary Five Year Reporting & Findings Requirement: 1. The purpose of the BMR Housing Mitigation Fee is to help mitigate the need for affordable housing as a result of new residential and non-residential development within the City of Cupertino. The requirements for applicability to the BMR Housing Mitigation Fees are set forth in the City’s adopted BMR Housing Mitigation Program Procedural Manual. The BMR Housing Mitigation Fee schedule is as follows: Residential (per sq. ft.) - Detached Single Family Residence $16.01 Small Lot Single Family Residence or Town home $17.62 Multi-Family Attached Town home, Apartment or Condo $21.35 Multi-Family Apartment (1 to 35 du/ac) $21.35 Multi-Family Apartment (over 35 du/ac) $26.69 Non-Residential (Per sq.ft.) – Office, Research & Development, or Industrial $21.35 Hotel $10.68 Commercial or Retail $10.68 BMR Housing Mitigation Fees were used to fund staff and administrative time, legal and professional services, BMR housing placement services, rental mediation, contract services, Nexus Study update and a Consolidated Plan. In addition, $3,672,000 was allocated to The Veranda, an affordable housing site by Charities Housing. 134 The fees in the BMR Fund include funds paid to the City as conditions of development agreements. Although these fees are included in the tables below, there is no requirement to prepare a five-year report regarding fees obtained through a development agreement. Fees collected through Development Agreements: Apple Campus 2 - Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.2 ($5,008,050 collected) 2. A reasonable relationship exists between the BMR Housing Mitigation Fee and the purpose for which the fee was charged. The need for the BMR Housing Mitigation fees, as they were identified when the fee was enacted, remains. See, Keyser Marston Associates, Inc.’s Summary and Recommendations Below Market Rate Housing Mitigation Program. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost* Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Below Market Rate Housing Mitigation fee $160,300,000 $6,902,773 100% Additional Developer Contributions State and Federal tax credits, loans and grants As projects develop/ redevelop Ongoing Ongoing * Based on RHNA allocation and affordability gaps estimated in the nexus study: Very low income units (356) x $241,000/unit = $87.8 million. Low income units (207) x $213,000/unit = $44.1 million. Moderate income units (231) x $123,000/unit = $28.4 million. Total = $160.3 million. 135 Annual Report Amount of Fee: Based on adopted Fee Schedule FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Balance at 7/1/2017 $10,867,642 Fees Collected $165,324 * Interest $46,912 Expended Subtotal ($57,266) ($144,028) ($137,018) ($44,528) ($122,265) ($3,672,000) ($4,177,105) Staff and administration Legal and professional services Housing placement services Rental mediation services/contract services Housing Renovation Housing Loan for purchase of affordable housing site by Charities Housing Refunded 0 Unrestricted balance at 6/30/2018 $6,902,773 *- Includes funds collected by Development Agreement 136 Dept.: Public Works Project: Park Dedication In-Lieu Fee Local Authority: City of Cupertino: Municipal Code, Chapter 13.08 Five Year Reporting & Findings Requirement: 1. The purpose of the Park Dedication Fee is to help mitigate the need for additional outdoor recreational area for new residential development within the City of Cupertino. The requirements for applicability to the Park Dedication Fees are set forth in the City’s Municipal Code, Chapter 13.08, and the fee was adopted under the provisions of the Mitigation Fee Act. The Parkland Dedication Fee is based on the fair market value of land within the City of Cupertino. Land values are appraised bi-annually, and the Park Dedication Fees are updated accordingly. Park Dedication Fees are used to fund parkland acquisitions and improvements to park and recreational facilities. The fees in the Park Dedication table below include funds paid to the City as a condition of development agreements. Although these fees are included in the tables below, there is no requirement to prepare a five-year report regarding fees obtained through a development agreement. In addition, this table includes adopted fees imposed as a condition of development. Fees collected through Development Agreements: Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.7 ($8,270,994 collected) 2. A reasonable relationship exists between the Park Dedication Fee and the purpose for which the fee is charged, as additional parkland and facilities are needed to offset the increase in population that additional residential units impacts. The need for the Park Dedication fees, as they were identified when the fee was enacted, remains, as the City’s current park area per resident does not yet meet the park acreage standard in the Park Dedication Fee ordinance and as development continues to occur. 3. The sources and amounts of funding anticipated to complete the financing of the Park Dedication are identified below:  Developer Fair-Share Contributions from all projects that add residences. 4. The approximate dates on which the funding for the needed park acquisition and improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report on the next page. 137 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Lawrence- Mitty Park $8,270,994 $1,448,359 100% Project is fully funded Fall 2018 Spring 2015 Summer 2020 Annual Report Amount of Fee: Based on Fair-Market Value of land, through land appraisal FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Balance at 7/1/2017 $9,293,520 Fees Collected $363,750 * Interest $62,271 Expended Subtotal ($19) ($169) ($188) Staff and Administration Contract Services Refunded 0 Reserved ($8,270,994) Reserved for purchase and construction of Lawrence-Mitty Park Balance at 6/30/2018 $1,448,359 *- Includes funds collected by Development Agreement and other developments 138 Dept.: Public Works Project: N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades Local Authority: EXC-2007-06: Condition of Approval No. 21 TM-2007-02: Condition of Approval No. 24 Five Year Reporting & Findings Requirement: 1. The purpose of the N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades fee is to enhance the pedestrian walkway along the east and west side of the North Stelling Road bridge that crosses over Interstate 280. Public facilities to be funded with the fees were described in: a. Villa Serra Apartments: ASA-2007-03: Condition of Approval No. 21, dated July 13, 2007 for Architectural Site Approval ($25,000 collected) b. Las Palmas Subdivision: TM-2007-02: Condition of Approval No. 24, dated July 18, 2007 for Tentative Map Application ($25,000 collected) 2. A reasonable relationship exists between the North Stelling fee and the purpose for which the fee was charged in that new development in the vicinity of the bridge increases pedestrian traffic across the bridge. The need for improvements to the bridge, that were identified during the review of the two projects, remains, as the bridge experiences increased pedestrian traffic due to the two projects. 3. The sources and amounts of funding anticipated to complete the financing of the bridge improvements are identified below:  It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Pedestrian Lighting & Upgrades – N. Stelling/ I280 Bridge $100,000 $ 50,124 50% Anticipated that City will fund the remaining cost of the project Spring/2019 Summer/2019 Fall/2019 139 Annual Report Amount of Fee: 25% Contribution to the total cost, based on estimated four projects contributing to improvement. FY 2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $ 49,578 Amount $ - Fees Collected 0 $ 50,000 Repayment Date (est.) na Interest $546 $3,674 Expended 0 ($3,550) Refunded 0 0 Balance at 6/30/2018 $ 50,124 $ 50,124 140 Dept.: Public Works Project: De Anza/McClellan/Pacifica signal modification Local Authority: TM-2002-02: Condition of Approval No. 23 Five Year Reporting & Findings Requirement: 1. The purpose of the De Anza/McClellan/Pacifica signal modification is to study and redesign the traffic signal to improve the efficiency of the intersection. Public facilities to be funded with the fees were described in: a. Cupertino Town Square: TM-2002-02: Condition of Approval No. 2, dated July 15, 2003 for Tentative Map application ($145,700 collected) 2. A reasonable relationship exists between the De Anza/McClellan/Pacifica signal modification contribution and the purpose for which the fee was charged, in that the new development introduces additional vehicular and pedestrian traffic to the intersection. The need for improvements to the intersection and the traffic signal, as they were identified during the review of the project, remains. The intersection continues to run less efficiently than other intersections in the area. 3. The sources and amounts of funding anticipated to complete financing of the intersection improvements are identified below:  Developer Fair-Share Contributions from other projects that contribute traffic to the intersection. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic Signal & Intersection Improvements De Anza Blvd/ McClellan Rd/ Pacifica Ave $600,000 $160,556 100% Additional Developer Contribution s are needed to complete the project Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2021 Fall/2021 Winter/2022 141 Annual Report Amount of Fee: 25% Contribution to the total cost based on estimated contribution of four projects. FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $158,809 Amount $ - Fees Collected 0 $ 145,700 Repayment Date (est.) na Interest $1,748 $14,856 Expended 0 0 Refunded 0 0 Balance at 6/30/2018 $160,556 $160,556 142 Dept.: Public Works Project: Stevens Creek Blvd. and Bandley Drive Signal Improvements Local Authority: ASA-2011-12: Condition of Approval No. 43 Five Year Reporting & Findings Requirement: 1. The purpose of the Stevens Creek Blvd and Bandley Drive Traffic Signal Improvement fee is to partially fund upgrades to the traffic signal in order to improve the efficiency of the intersection. Public facilities to be funded with the fees were described in: a. Cupertino Crossroads: ASA-2011-12: Condition of Approval No. 43dated November 17, 2011 for Architectural Site Approval ($25,000 collected) 2. A reasonable relationship exists between the Stevens Creek Blvd. and Bandley Drive Signal Improvements fee and the purpose for which the fee was charged, in that the new development has a driveway that connects directly to the signalized intersection and the development will introduce additional vehicular and pedestrian traffic to the intersection. The need for the improvements to the intersection, which were identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the signal upgrades improvements are identified below:  Developer Fair-Share Contributions from other projects in the vicinity of the intersection. 4. The approximate dates on which the funding for the signal improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Stevens Creek Blvd and Bandley Drive Signal Improvements $185,000 $ 25,940 100% Additional Developer Contributions are needed to complete the project Fall/2020 Spring/2021 Summer/2021 143 Annual Report Amount of Fee: Contribution from expected nearby developments, based on estimated addition of traffic to intersection. FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $25,658 Amount $ - Fees Collected 0 $ 25,000 Repayment Date (est.) na Interest $282 $940 Expended 0 0 Refunded 0 0 Balance at 6/30/2018 $ 25,940 $ 25,940 144 Dept.: Public Works Project: Traffic Mitigation at Homestead Rd and Lawrence Expressway Local Authority: TM-2012-04: Condition of Approval No. 87 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee is to fund improvements to the intersection in order to address traffic impacts from the project. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 87, dated September 20, 2012 for Tentative Map application ($400,000 collected) 2. A reasonable relationship exists between the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee and the purpose for which the fee was charged, in that the development, in the vicinity of the intersection, introduces additional traffic to the intersection. The County of Santa Clara has estimated a cost to upgrade the intersection, and the Environmental Impact Report assessed a fair share contribution from the project to address its portion of the impact. The need for improvements to the intersection, as they were identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the intersection improvements are to be identified by the County of Santa Clara. 4. The approximate dates on which the funding for the intersection improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expecte d to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic Mitigation at Homestead Rd and Lawrence Expressway Bridge $4,000,000 $413,547 100% To be determined by the County of Santa Clara When adequate funds have been acquired by the County to begin the project. Anticipated Summer/ 2020 Fall/2020 Summer/2021 145 Annual Report Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $409,047 Amount $ - Fees Collected 0 $400,000 Repayment Date (est.) na Interest $4,500 $13,547 Expended 0 0 Refunded 0 0 Balance at 6/30/2018 $413,547 $413,547 146 Dept.: Public Works Project: Traffic Calming to Mitigate Impacts from Main Street Cupertino Local Authority: TM-2012-04: Condition of Approval No. 93 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic Calming to Mitigate Impacts from Main Street Cupertino fee is to help mitigate traffic impacts in the adjacent neighborhoods resulting from the project, for a period of 5 years following project occupancy. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 93 dated 9/20/2012 for Tentative Map application ($100,000 collected). 2. A reasonable relationship exists between the Traffic Calming fee and the purpose for which the fee was charged, in that the development introduces additional traffic to the surrounding neighborhoods. The City will utilize the funds as needed to address traffic impacts to the surrounding neighborhoods, for a period of 5-years after occupancy. 5. The sources and amounts of funding anticipated to complete financing of the traffic calming mitigations were collected with the project ($100,000). 3. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic Calming along Rodrigues Ave. and Pacifica Dr. $102,262 $103,387 100% Project fully funded Fees have been collected. Anticipated initiation of project is Summer/2018 Fall/2018 Summer/2022 147 Annual Report Amount of Fee: Estimated Full Cost of the Study and potential improvements. FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $102,262 Amount $ - Fees Collected 0 $100,000 Repayment Date (est.) na Interest $1,125 $3,387 Expended 0 0 Refunded 0 0 Balance at 6/30/2018 $103,387 $103,387 148 Dept.: Public Works Project: Creek Trail Improvements along Calabazas Creek Local Authority: TM-2012-04: Condition of Approval No. 47 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Creek Trail Improvements along Calabazas Creek contribution is to administer a creek trail plan, the necessary approvals and improvements for a new trail along Calabazas Creek from Vallco Parkway to Interstate 280. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 47 dated September 20, 2012 for Tentative Map application ($65,000 collected) 2. A reasonable relationship exists between the Creek Trail Improvements along Calabazas Creek Fee and the purpose for which the fee was charged in that development in the vicinity of the proposed creek trail introduces additional pedestrian traffic to the area, causing the need to provide additional and alternative means of pedestrian access and recreation to new residents and visitors to the development. The need for a new creek trail, as it was identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the project are identified below:  Developer Fair-Share Contributions from other projects in the vicinity of the proposed creek trail location 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report on the next page. 149 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Creek Trail Improvements along Calabazas Creek $195,000 $67,203 100% Additional Developer Contributions are needed to complete the project Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2020 Spring/2021 Summer/2021 Annual Report Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $ 66,471 Amount $ - Fees Collected 0 $ 65,000 Repayment Date (est.) na Interest $732 $2,203 Expended 0 0 Refunded 0 0 Balance at 6/30/2018 $ 67,203 $67,203 150 Dept.: Public Works Project: Parking Conversion Fund along Vallco Parkway Local Authority: TM-2012-04: Condition of Approval No. 67 Five Year Reporting & Findings Requirement: 1. The purpose of the Parking Conversion Fund along Vallco Parkway is to enable the City to convert the angled parking spaced along the south side of Vallco Parkway to parallel parking spaces and an additional east-bound traffic lane. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 67 dated 9/20/2012 for Tentative Map application ($450,000 collected) 2. A reasonable relationship exists between the Parking Conversion Fund along Vallco Parkway and the purpose for which the fund was collected in that new development is adjacent to this section of Vallco Parkway, and the development reduced the number of east-bound lanes a part of their project. The Fund will permit the City to reestablish the east-bound lane that was lost, due to the development, should it be found that the additional lane is necessary to serve the public. The fund is based on the estimated cost to perform the work. The need for the funds, that were identified when the funds was imposed, remain, as the development project has not yet been completed, and the full impact of traffic to this portion of road has not yet materialized. 3. The sources and amounts of funding anticipated to complete financing of the conversion were collected with the project ($450,000). 4. The approximate dates on which the funding for the conversion is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimate d Cost Fund Balance 6/30/2018 % Expecte d to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Parking Conversion Fund along Vallco Parkway $460,178 $465,240 100% No additional funds needed at this time. Fees have been collected. Anticipated initiation of project is Fall/2017 Fall/2017 Fall/2022 151 Annual Report Amount of Fee: Estimated Full Cost of the potential improvements. FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $460,178 Amount $ - Fees Collected 0 $450,000 Repayment Date (est.) na Interest $5,062 $15,240 Expended 0 0 Refunded 0 0 Balance at 6/30/2018 $465,240 $465,240 152 Dept.: Public Works Project: Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring Local Authority: TM-2011-03: Condition of Approval No. 49 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring Fee is to monitor and address traffic and parking intrusion, in neighborhoods adjacent to the project site, due to the practices of employees who will work at the project site. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.13 and TM 2011-03: Condition of Approval No. 49 dated 10/15/2013 for Tentative Map Application ($850,000 collected) 2. A reasonable relationship exists between the Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring fee and the purpose for which the fee was charged in that the traffic from the development, for which the fee is to be used to monitor, has not yet materialized because the development has not been fully constructed or occupied. The City will begin monitoring activities in the fall of 2017. The $850,000 fee was based on an estimate of the cost to perform the monitoring and make minor modifications to address traffic and parking intrusion concerns. The need for traffic and parking intrusion monitoring, as it was identified during the review of the project, remains. The traffic, for which the fees are to be used to monitor, has not yet materialized. 3. The sources and amounts of funding anticipated to complete monitoring and improvements were collected with the project ($850,000). 4. The approximate dates on which the funding for the monitoring is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring $869,223 $856,060 100% No additional funds needed at this time. Fall/ 2017 Summer/2017 Winter/2020 153 Annual Report Amount of Fee: Estimated Full Cost of the Study and potential improvements. FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $869,223 Amount $ - Fees Collected 0 $850,000 Repayment Date (est.) na Interest $9,562 $28,785 Expended ($22,725) Stantec Consulting Contract ($22,725) Refunded 0 0 Balance at 6/30/2018 $856,060 $856,060 154 Dept.: Public Works Project: Implement a Traffic-Adaptive Traffic Signal System along De Anza Blvd Local Authority: TM-2011-03: MitigationTRANS-13c Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic-Adaptive Traffic Signal System along De Anza Blvd fee is to implement traffic-adaptive technology to the traffic signals along DeAnza Blvd within the jurisdiction of the City of Cupertino. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.13 and TM-2011-03: Mitigation TRANS-13c, dated 10/15/2013 for Tentative Map application ($50,000 collected) 2. A reasonable relationship exists between the traffic-adaptive traffic signal system along De Anza Blvd fee and the purpose for which the fee was charged in that new development will introduce additional traffic to DeAnza Boulevard, and more efficient traffic signal timing will be needed to address the additional traffic. The fee was based on a fair-share contribution of the estimated total cost to install the traffic-adaptive technology. The need for traffic-adaptive technology, as it was identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete the traffic-adaptive technology upgrades will be provided through fair-share contributions from other developers that impact the corridor. 4. The approximate dates on which the funding for the traffic adaptive technology is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Traffic- Adaptive Traffic Signal System along De Anza Blvd $250,000 $51,693 100% Fair share contributions from other developers Developer contributions obtained when adjacent Fall/2020 Winter/2021 155 that impact the corridor properties redevelop. Anticipated Summer/2020 Annual Report FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $ 51,131 Amount $ - Fees Collected 0 $ 50,000 Repayment Date (est.) na Interest $562 $1,693 Expended 0 0 Refunded 0 0 Balance at 6/30/2018 $ 51,693 $51,693 156 Dept.: Public Works Project: Interstate 280/Junipero Serra Channel Trail Improvements Local Authority: TM-2011-03: Mitigation PLAN-3 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Interstate 280/Junipero Serra Channel Trail Improvements fee is to partially fund a feasibility study for a new trail along I-280/Junipero Serra Channel from N. De Anza Blvd to Calabazas Creek. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.13 and TM-2011-03: Mitigation PLAN-3, dated 10/15/2013 for Tentative Map application ($250,000 collected) b. Cupertino Property Development – Hyatt House – 10380 Perimeter Rd: DP-2014-04: Condition of Approval No. 21, dated October 21, 2014, for Development Permit application ($66,000 collected). 2. A reasonable relationship exists between the I-280/Junipero Serra Channel Trail Improvements fee, and the purpose for which the fee was charged, in that the development in the vicinity of the proposed trail will introduce additional pedestrian and bicycle traffic between the new campus and the existing campus, causing the need to provide additional and alternative routes between the developments. The need for a new trail study, as it was identified during the review of the project, remains, as the study has not yet completed. 3. The sources and amounts of funding anticipated to complete financing of the study are identified below:  Developer Fair-Share Contributions from other projects in the vicinity of the proposed trail location. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified on the next page. 157 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Interstate 280/Junipero Serra Channel Trail Improvements $500,000 $181,711 100% Additional Developer Contributions are needed to complete the project Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2017 Fall/2017 Winter/2019 Annual Report Amount of Fee: Contribution equivalent to approximately 60% of the estimated cost of implementation FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $322,846 Amount $ - Fees Collected 0 $ 316,000 Repayment Date (est.) na Interest $3,552 $10,398 Expended ($144,687) ($144,687) Refunded 0 0 Balance at 6/30/2018 $181,711 $181,711 158 Dept.: Public Works Project: Contribution towards Planned Transportation Project Local Authority: TM-2011-03: Mitigation TRANS-22 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Planned Transportation Project fair-share contribution is to fund planned transportation project that would improve traffic operation of the impacted freeway segments and provide added transportation capacity on other freeway facilities. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement – Section 3.13 and TM-2011-03: Mitigation TRANS-22, dated 10/15/2013 for Tentative Map application ($1,292,215 collected) 2. A reasonable relationship exists between the Planned Transportation Project fair-share contribution and the purpose for which the fee was charged, in that development will introduce additional traffic to freeways in the surrounding areas. Valley Transit Authority has established guidelines for estimating fair-share contributions for these types of impacts, and the established fee for this project conforms to those guidelines. The need remains for improvements to the surrounding freeways, as they were identified during the review of the project. The needed improvements have not yet been completed. Below is a list of the Planned Transportation Projects:  Eliminating the existing bottleneck on southbound I-280 between El Monte Road and Magdalena Avenue.  SR 85 Express Lane project (converting the existing HOV lane to a toll lane to allow single occupant vehicles to drive in the HOV lane for a fee) between Mountain View and San Jose.  Either the Bus Rapid Transit (BRT) stations proposed within Cupertino, or an alternative improvement or study towards the improvement of the impacted I-280 corridor or a parallel corridor that would provide capacity. 3. The sources and amounts of funding anticipated to complete financing of the necessary improvements will be identified by Valley Transportation Authority. 4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified on the next page. 159 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Planned Transportation Project fair- share contribution To be identified by VTA $598,059 100% To be identified by VTA When adequate funds have been acquired by the VTA to begin the project. Anticipated Summer/ 2018 Fall/2018 Fall/2019 Annual Report Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $906,093 Amount $ - Fees Collected 0 $1,292,215 Repayment Date (est.) na Interest $9,967 $38,810 Expended ($318,001) ($732,966) Per Agreement with VTA Refunded 0 0 Balance at 6/30/2018 $598,059 $598,059 160 Dept.: Public Works Project: Contribution towards Monta Vista Street Improvement Project Local Authority: Installation Agreement – 10104 Byrne Avenue: Santa Clara County Recorded Document 23316184, Exhibit C, Part G Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the contribution toward the Monta Vista Street Improvement Project is to enable the City to construct improvements along the property frontage in conjunction with the overall Capital Improvement Project being undertaken by the City. Public facilities to be funded with City’s General Fund and the contribution described in: a. Installation Agreement – 10104 Byrne Ave: Santa Clara County Recorded Document 23316184, Exhibit C, Part G, dated 5/25/2016, for Building Permit Application ($34,395 collected) 2. A reasonable relationship exists between the Monta Vista Street Improvement Project and the purpose for which the contribution was accepted, in that the development of 10104 Byrne Avenue is required to construct the improvements as a condition of the Building Permit, per Cupertino Municipal Code Section 14.04. The contribution was accepted by the City in order to allow the developer to share in the construction cost savings that a larger project, such as the City’s Capital Improvement Project, offers. 3. The sources and amounts of funding anticipated to complete financing of the Monta Vista Street Improvement Project are anticipated to be funded by the Cupertino General Fund. 4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below. 161 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Total Estimated Cost Fund Balance 6/30/2018 % Expected to be Funded by Fees Sources and Amounts of Funding Anticipated to Complete the Project Estimated Date for Funding to be Deposited in Fund Estimated Beginning Date Estimated Completion Date Monta Vista Street Improvement Project $1,880,000 $35,402 2% Cupertino General Fund is anticipated to complete project funding Summer/2017 Summer/2019 Fall/2019 Annual Report Amount of Fee: Based on Fair-Share Contribution assessed by engineer’s cost estimate FY2017-18 Trust Fund Activity Fiscal Year Purpose of Expenditure Inception To Date Loans/Transfers Balance at 7/1/2017 $35,017 Amount $ - Fees Collected 0 $34,395 Repayment Date (est.) na Interest $385 $1,077 Expended 0 0 Refunded 0 0 Balance at 6/30/2018 $35,402 $35,402 162 RESOLUTION NO. 18-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FIVE YEAR AND ANNUAL DEVELOPMENT IMPACT FEE REPORT FOR FY ENDING JUNE 30, 2018 AND MAKING REQUIRED FINDINGS WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et seq.) requires that an annual report regarding development impact fees be submitted to the City Council at a regularly scheduled public meeting; and WHEREAS, Government Code Section 66001(d) further provides that the City must, on a five- year basis, make certain findings with respect to unexpended development impact fees; and WHEREAS, the City of Cupertino - AB 1600 ‐ Mitigation Fee Act Annual & Five Year Report for the fiscal year that ended June 30, 2018 (the “Annual and Five-Year Report”), comprises the annual and five-year reports required by the Mitigation Fee Act and contains substantial evidence in support of the findings required by Section 66001(d). Said report is included as Attachment A and incorporated into this Resolution by this reference. NOW, THEREFORE, BE IT RESOLVED: 1. The foregoing recitals are true and correct and incorporated into this resolution by this reference. 2. The City Council hereby approves the Annual and Five-Year Report for FY ending June 30, 2018 in accordance with the Mitigation Fee Act, and incorporates by reference said Report (Attachment A). 3. The City Council further adopts the findings required by Government Code 66001(d) as stated in the Five-Year Reporting and Findings Requirement section of the Annual and Five -Year Report (Attachment A), which demonstrate that, for each account or fund: a. The purpose of each fund is described in the Annual and Five-Year Report. b. A reasonable relationship exists between the fee charged to development projects and the purpose for which it is charged, based on the substantial evidence contained in the Annual and Five-Year Report. c. For each fund, the Annual and Five-Year Report identifies all sources and amounts of funding anticipated to complete the financing of incomplete improvements. 163 d. For each fund, the Annual and Five-Year Report designates the approximate date on which the funding needed is expected to be deposited into the fund. PASSED AND ADOPTED this 5th day of November 2018, at a Regular Meeting of the City Council of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Grace Schmidt Darcy Paul City Clerk Mayor, City of Cupertino 164 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:118-4455 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/3/2018 City Council On agenda:Final action:11/5/2018 Title:Subject: Notice of Intent to Vacate an Easement for Storm Drain Retention Basin Purposes located on 23500 Christo Rey Drive Sponsors: Indexes: Code sections: Attachments:Staff Report A - Storm Drain Retention Easement Area B - New Storm Drain Easement C - Draft Resolution Action ByDate Action ResultVer. City Council11/5/2018 1 Subject: Notice of Intent to Vacate an Easement for Storm Drain Retention Basin Purposes located on 23500 Christo Rey Drive Adopt Resolution No. 18-106 to notice the public of the intent to vacate an easement for storm drain retention basin purposes located on 23500 Cristo Rey Drive, and set a public hearing on December 4, 2018, at 6:45 p.m. CITY OF CUPERTINO Printed on 10/31/2018Page 1 of 1 powered by Legistar™165 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 5, 2018 Subject Notice of Intent to Vacate an Easement for Storm Drain Retention Basin Purposes located on 23500 Cristo Rey Drive Recommended Action Adopt Resolution No. 18-XXX (Attachment C) declaring the City Council’s intent to vacate an easement for storm drain retention basin purposes located on 23500 Cristo Rey Drive, setting a public hearing on December 4, 2018, at 6:45 p.m., and providing for public notice thereof Discussion On April 17, 2018, the City Council approved the Development Permit DP -2017-01 to allow additions and renovations to the existing facilities, a new memory care building, and 23 new independent living units, submitted by the Forum at Rancho San Antonio (Applicant). A portion of the proposed memory care building will encroach upon an existing storm drain retention basin easement (Existing Easement) for a retention pond. The purpose of the retention pond is to temporarily capture and store storm water runoff for major storm events. The Applicant submitted a request to vacate the existing easement, reconstruct the retention system to ensure adequate storage capacity, and record a new storm drain retention basin easement (Attachment B). In order to ensure a clean title is conveyed, staff recommends vacating the entire existing easement, and concurrently recording the new easement. The City intends to record both documents, the existing easement vacation and the new easement dedication, in subsequent order. See Attachment A for the location of the existing and new easement areas. The project’s civil engineer has performed the necessary hydraulic calculations to ensure the New Easement area has sufficient capacity to detain a 100-year storm event. Actions for the vacation of the subject easement are: 166 1. November 5, 2018 at 6:45 p.m.: City Council considers adopting a resolution with the intent to vacate an easement for Storm Drain Retention Basin Purposes which: a. Declares its intention to vacate the subject storm drain retention basin easement; b. Sets a public hearing on December 4, 2018 at 6:45 p.m. to adopt said vacation; c. Directs the City Clerk to post a certified copy of the resolution along the line of said property and to publish a certified copy of the resolution in the manner prescribed by law. 2. December 4, 2018 at 6:45 p.m.: the City Council will conduct a public hearing to consider a resolution to adopt the vacation, which vacates the subject storm drain retention basin easement. Staff has determined that adoption of the resolution declaring its intention to order vacation of a storm drain retention basin easement can occur without adverse effect. Sustainability Impact No sustainability impact. Fiscal Impact No fiscal impact. _____________________________________ Prepared by: Winnie Pagan, Senior Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: Amy Chan, Interim City Manager Attachments: A – Storm Drain Retention Basin Easement Area B – New Storm Drain Easement C - Draft Resolution 167 168 GRANT OF EASEMENT FOR STORM DRAIN RETENTION BASIN PURPOSES 23500 Cristo Rey Drive, Cupertino, CA 95014 The Roman Catholic Bishop of San Jose, a California corporation sole, hereinafter called GRANTOR, hereby grants to the CITY OF CUPERTINO, a California municipal corporation, hereinafter called GRANTEE, the right to excavate for, install, replace, maintain, and use for storm drain purposes as GRANTEE shall from time to time elect within the real property described in Exhibit A and shown in Exhibit B, which is situated in the City of Cupertino, County of Santa Clara, State of California. GRANTOR hereby further grants to GRANTEE the right and privilege to enter upon his lands contiguous to and along the line of the said hereinabove described real property for the purpose of locating, constructing, repairing, maintaining, or replacing any public storm pipe or appurtenances thereto, and for the purpose of doing any necessary or lawful act in connection with the construction or maintenance of said storm drain; there is also granted the right of the use of sufficient land contiguous to said real property on either or both sides thereof for the purpose of excavation of and deposit of earth and necessary construction material during the time of constructing said storm drain and public storm pipe, and any repair thereof. The foregoing is subject to the following express conditions: 1. The GRANTOR shall retain the obligation to keep the area within the easement free and clear of buildings, debris, silt and non approved vegetation or structures. The GRANTOR shall annually maintain and clear the basin area in order to insure the proper functioning of the basin. 2. The GRANTOR shall be responsible for relocating any facilities other than those specifically related to the retention basin and public stormwater conveyance at the sole discretion of the GRANTEE. 169 3. The GRANTOR also shall have signs posted at all times in the easement area to warn of a potential flood hazard. The Grantee agrees to restore the ground surface and any improvements thereon to its original grade or condition, unless approved otherwise by the GRANTOR, insofar as it is practicable and reasonable to do so. IN WITNESS WHEREOF, executed this day of , 2018. The Roman Catholic Bishop of San Jose, a California corporation sole: _______________________________ Rev. Msgr. Francis V. Cilia Attorney in Fact City of Cupertino: Timm Borden, PE Director of Public Works (Notary acknowledgment to be attached) 170 171 172 RESOLUTION NO. 18-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER VACATION OF AN EASEMENT FOR STORM DRAIN RETENTION BASIN PURPOSES LOCATED ON 23500 CRISTO REY DRIVE AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FIXING TIME AND PLACE FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF WHEREAS, an easement for storm drain retention basin purposes located on 23500 Cristo Rey Drive, and more particularly described per Document No. 10533472, recorded on May 23, 1990, attached hereto and made part hereof as Exhibit “A”, is to be vacated; and WHEREAS, the City Council elects to proceed pursuant to the provisions of Section 8320 et seq. of the Streets and Highways Code of the State of California; and WHEREAS, a new storm drain retention basin easement is to be dedicated superseding the existing storm drain retention basin easement; and WHEREAS, it is deemed to be in the public interests that the City Council elects to proceed to order said vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby declares its intention to vacate the aforesaid storm drain retention basin easement. BE IT FURTHER RESOLVED: 1. That the 4th day of December, 2018, at 6:45 p.m., in the Community Hall, 10350 Torre Avenue, Cupertino, California, is the time and place fixed for hearing on the above proposed vacation; 2. That the aforesaid date is not less than 15 days from passage of this resolution pursuant to law; 3. That the City Clerk shall cause a certified copy of this resolution to be published in the manner prescribed by law, and shall cause certified copies to be posted along the line of said property proposed to be vacated at least 10 days before the date of hearing and no more than 300 feet apart with a minimum of 3 being posted. ATTACHMENT C 173 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of November, 2018, by the following vote: Vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Darcy Paul, Mayor City of Cupertino 174 175 176 177 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3278 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:11/13/2017 City Council On agenda:Final action:11/5/2018 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council11/5/2018 1 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 10/31/2018Page 1 of 1 powered by Legistar™178