HomeMy WebLinkAbout04 AWARD CONTRACT FOR BUSINESS LICENSE SOFTWARE REPLACEMENTMEETING DATE: NOVEMBER 5, 2019
TO: MATTHEW S. WEST, CITY MANAGER
FROM: JOHN A. BUCHANAN, FINANCE DIRECTOR
SUBJECT: AWARD CONTRACT FOR BUSINESS LICENSE SOFTWARE
REPLACEMENT
SUMMARY:
Staff requests that the City Council award the contract to HdL Software, LLC. for a new
Business License software solution. The Business License software solution replacement
is initiative #14 of the 5 -year IT Application Plan.
RECOMMENDATION:
It is recommended that the City Council award the contract to HdL Software, LLC. for the
Business License software solution replacement and authorize the City Manager to execute
the contract documents on behalf of the City.
FISCAL IMPACT:
Sufficient funds have been appropriated with the FY 2019-2020 budget for the Business
License software solution replacement. The HdL Companies solution's annual subscription
cost is $26,500, which does not include a one-time implementation cost of $55,000.
CORRELATION TO THE STRATEGIC PLAN:
The Business License software solution replacement implements strategy five (5) of Goal
E: Organizational Excellence and Customer Service.
BACKGROUND:
The existing Business License software solution no longer meets the City's needs. It was
identified during the IT Needs Assessment process as a high priority project. The Business
License software solution replacement is initiative #14 of the 5 -Year IT Application Plan.
Business License Software Solution
November 5, 2019
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The City posted the RFP for this project in April 2019 and received five (5) proposals from
the following vendors: Accela, Avocette, CitizenServe, HdL Companies, and Muniservices.
The staff reviewed each proposal and invited each vendor to demonstrate their solution. The
vendors were required to demonstrate a minimum set of functionalities, that was given to the
vendors in advance of their demonstration. The staff narrowed the solutions to three (3)
companies, which were Avocette, CitzenServe, and HdL Companies. Staff checked the
references that were provided by the top three vendors and had site visits with agencies that
have implemented their solution.
The solutions offered by all the vendors will meet the City's needs as it relates to replacing
the City's existing business license solutions, however staff selected the solution offered by
HdL Companies because its functionality, ease of use and setup, and proactive approach to
legislative changes aligns with the City's needs and requirements in the business license
solution.
Juli Interrante
Senior Management Assistant
A�10"4,rA
Glenda Babbitt
Management Analyst
Joh A. Buchanan
nce Director
Senior'Adcounting Specialist
Sean Tran
Deputy Director of Finance — Admin Services
Attachments: Business License Software RFP
HdL Companies' Business License Proposal
Request for Proposal (RFP)
for
Business license Software
April 1, 2019
11 Page
Table of Contents
PROJECTOVERVIEW...................................................................................................................................... 3
THECITY OF TUSTIN...................................................................................................................................... 3
SCHEDULE OF EVENTS...................................................................................................................................3
PROJECTSCOPE OF WORK............................................................................................................................4
USERTRAINING.............................................................................................................................................5
PROPOSALFORMAT......................................................................................................................................5
DEFINITIONS.................................................................................................................................................. 6
TERMSAND CONDITIONS............................................................................................................................. 6
ADMINISTRATION SPECIFICATIONS..............................................................................................................8
2 1 F a g e
PROJECT OVERVIEW
The City of Tustin ("City') is soliciting proposals from qualified vendors to provide a Business License
Software solution for the City that will rep►ace the existing solution. The objective of this project is to
identify a robust and easy to use system that'll meet the City's current and future needs associated with
issuing, managing, and renewing business licenses.
THE CITY OF TUSTIN
Incorporated in 1927, the City of Tustin is a General Law city. The Constitution of the State of California
establishes two types of cities: Charter and General Law. A General Law City, may exercise only those
powers expressly given under State law. All cities begin as General Law cities, and the City of Tustin has
chosen to remain such. Tustin is located in central Orange County and encompasses an area of 11.08
square miles. The City is bounded on the south by the cities of Irvine and Santa Ana, on the north by the
unincorporated portions of the County of Orange and the City of Orange, and on the east by
unincorporated County territory and the City of Irvine. Within the context of the larger Southern
California region, Tustin is located approximately two miles north of Orange County's John Wayne
Airport and is transected by two major regional freeways: the 1-5 (Santa Ana) Freeway, divides the City
into north and south; and the SR -55 (Costa Mesa) Freeway, divides westerly portions of the City.
SCHEDULE OF EVENTS
Request for Proposal published Monday, April 1, 2019
Addendums to the RFP may be distributed based on the needs of the City. Prospective bidders may
submit questions in writing via email to the following email address stran@tustinca.org or addressed to:
Sean Tran, 300 Centennial Way, Tustin, CA 92780, by Friday, May 3, 2019 @ 5:00 PM.
A unified response to all questions will encompass the questions and answers, distributed via email to all
bidders by Friday, May 10, 2019 @ 5:00 PM.
All proposals are due Friday May 31, 2019 by 10:00 AM.
Proposal evaluations will take place during June 3, 2019 and June 28, 2019 during which time the
evaluation team may invite the top candidates to make a presentation of their proposal.
The selection process will conclude with preliminary notification to occur on Monday, July 1, 2019.
It is anticipated that the City Council would award the contract at its July 16 meeting.
The proposed project planned to commence Thursday, August 1, 2019.
The City reserves the right to reject all proposals, disqualify nonconforming or incomplete proposals at
its sole discretion, waive deviations from the RFP, and determine whether proposers are qualified, or to
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make no award. The City reserves the right to issue addenda to the RFP, to modify the RFP, to modify
the franchise agreement, or to withdraw the RFP. The City may request clarification or additional
information from any of the proposers at any point in the RFP process. Proposals must comply fully with
the requirements detailed in this RFP. Required supporting documentation must be included as
attachments and be appropriately identified. All proposers should take whatever steps they believe are
necessary to reasonably establish the actual existing service information when preparing their proposals
PROJECT SCOPE OF WORK
The intent of the City is to seek a Business License software solution that meet or exceed the
specifications outlined in this Scope of Work. Currently, the City utilize a Business License software,
Knowles -McNiff, which unable to meet its current and future requirements. In general, the City is
seeking a software solution that provides greater usability and functionality that meets staff's needs and
requirements as well as business owners, the general public, and other public and private entities.
The proposed software solution should meet these minimum requirements:
• Must be updated regularly to be compliant with all State and Federal requirements as they
change, which includes Government Code 6254.21 & 6254.24
• Ability to submit new business license application, renew existing business licenses, close
existing license (with restrictions), and apply for address changes online without the need for
the applicant/business owner to submit any document(s) either by mail or in person, unless
otherwise required by the City
• Ability to effectively and efficiently manage business license processes, which include past due,
final notices, administrative citations, track code enforcement, in & out of City State License
Contractors, independent contractor, cosmetologist, and etc.
• Ability to enter reminders and receive notifications of reminders
• Ability to link independent contractors to a master license such as independent cosmetologist to
a Salon, Massage Establishments, etc. Ideal solution should include the ability to attach photos
and certifications, which are viewable in the field
• Ability to tailor the requirement(s) based on the applicant's business type
• A comprehensive tool for managing, accepting, and maintaining Massage Establishment permits
and massage technician business licenses. Ideal solution, should have a interface with California
Massage Therapy Council (CAMTC)
• A comprehensive tool for managing, accepting, printing, and maintaining Permits issued, which
include Live Entertainment, Mobil Detailing, etc.
• Ability to use the software in the field for inquiry and/or to issue Notice of Violations and
Administrative Citations
• Ability to allow citizens, businesses, and staff to lookup business licenses through a web
interface on the City's website
• Ability to convert Standard Industrial Classification system (SIC) codes to North American
Industry Classification System (NAICS) code. The solution should provide a mechanism to allow
the applicant to look up their NAISC code.
• Ability to interface or integrate with other software solutions, which include but are not limited
to State websites (State Licensed Contractors, Massage Therapist, Cosmetologists, etc.), Tyler
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Technology products (Energov, Munis, etc.), Accela Springbrook, State of California Franchise
Tax Board (FTB), etc.
• Ability to route approvals electronically and it would be preferred that approvals are routed to
multiple approvers at the same time
• Ability to block / restrict fields (like social security number, tax ID number, etc.) from being
viewable in the application based on security settings, including the ability to control which
fields are displayed on reports.
• Comprehensive set of tools that can be used to manage user access, security, and track changes
entered into the system by user
• Robust reporting capability which allow users to produce reports with the following information:
o New license activity
o License renewal activity
o Business listing by NAISC & SIC code
o Delinquent / past due
o Fee type activity
o Cash receipt detail & summary by batch and payment activity
o Aging report
o Label / mail merge export
o Ability to export and email reports
o Adhoc reporting to include reports by:
■ License number, business name, and/or status
■ Address range
■ In & Out of City
■ SIC / NAICS
USER TRAINING
User training —The vendor must include at least two (2) training sessions at the conclusion of the
implementation of the software solution prior to go -live date.
PROPOSAL FORMAT
Section 1: INTRODUCTION
A letter of introduction to include the history of the company and experience in the type of work being
proposed.
Section 2: EXPERIENCE
Explanation of specific qualifications, training and years of prior experience
Section 3: RECOMMENDED SOLUTION
Detailed explanation of the software solution, which include any hardware and infrastructure
requirements, if not included with the software solution.
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Section 4: REFERENCES
Include five (5) reference locations/Cities in California which the proposed vendor implemented a
Business License solution within the last five (5) years.
Section 5: COSTS
Pricing broken down into components
Section 6: MAINTENANCE AND SUPPORT
Priced annually with a two, three, and four year options. It is required that the first year be covered
under warranty.
DEFINITIONS
City — is defined as the City of Tustin, a municipal government
Project Manager -
For the City of Tustin, is defined as the person assigned by the City to oversee the project on
behalf of the City.
For the Vendor, is defined as the individual assigned to oversee the project on behalf of the
vendor.
TERMS AND CONDITIONS
1.1 Insurance Requirements
The Proposer shall be required to submit proof of the required insurance prior to the award of contract.
These minimum levels of coverage are required to be maintained for the duration of the project and
during the maintenance thereafter:
General Liability and Automobile Liability Coverage - $1,000,000 per occurrence for bodily
injury and property damage. If Commercial General Liability Insurance or other form with a
general limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence limit.
Professional Liability Coverage - $2,000,000 per occurrence (note: A "claims made" policy is
acceptable). If consultant provides "claims made" coverage, consultant shall also agree in
writing to either:
a) Purchase Tail Insurance in the amount required by the resulting agreement to cover claims
made within five years of completion of vendor's services under the agreement.
b) Maintain professional liability insurance coverage with the same carrier, or with an
equivalent carrier in the amount required by the resulting agreement five years after
completion of vendor's services under the agreement.
3. Worker's Compensation Coverage - State statutory limits.
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Deductibles, Self -Insurance Retentions, or Similar Forms of Coverage Limitations or
Modifications, must be declared to and approved by the City of Tustin, which reserves the
right to deny authorization to use such limitations.
The Proposer is encouraged to contact its insurance carriers during the proposal stage to
ensure that the insurance requirements can be met if selected for negotiation of a contract
agreement. All insurance shall be endorsed to be primary and the City's insurance shall not
be contributory. The City shall be named as Additional Insured and no policy may be
modified or cancelled prior to thirty (30) days written notice.
Certificates of insurance and insurer endorsements evidencing the required insurance shall
be provided. The worker's compensation policy shall be endorsed to waive subrogation
rights against the City and its officials, officers, employees, and agents.
1.2 Standard Form of Agreement
The vendor will enter into an agreement with the City based upon the contents of the RFP and the
vendor's proposal. The City's standard form of agreement is included as Attachment A. The Proposer
shall carefully review the agreement, and include with the proposal a description of any exceptions
requested to the standard contract. If there are no exceptions, a statement to that effect shall be
included in the proposal.
1.3 Disclaimer
This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of,
the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any
or all proposals received as a result of this request, to negotiate with any qualified vendor, or to cancel
this RFP in part or in its entirety. The City may require the selected vendor to participate in negotiations
and to submit such technical, fee, or other revisions of their proposals as may result from negotiations.
1.4 Assigned Representatives
The City will assign a responsible representative to administer the contract, and to assist the vendor in
obtaining information. The vendor also shall assign a responsible representative (project manager) and
an alternate, who shall be identified in the proposal. The vendor's representative will remain in
responsible charge of the vendor's duties from the notice -to -proceed through project completion. If the
vendor's primary representative should be unable to continue with the project, then the alternate
representative identified in the proposal shall become the project manager. The City's representative
shall first approve any substitution of representatives or subcontractors identified in the proposal in
writing. The City reserves the right to review and approve/disapprove all key staff and subcontractor
substitution or removal, and may consider such changes not approved to be a breach of contract.
1.5 City Business License
A city business license will be required of the vendor and any subcontractors for services performed in
connection with any agreement entered into through this RFP process.
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ADMINISTRATION SPECIFICATIONS
2.1 The City of Tustin's Rights to Proposals
All proposals, upon submission to the City of Tustin shall become its property for use as deemed
appropriate. By submitting a proposal, the Proposer covenants not to make any claim for or have any
right to damages because of any misinterpretation or misunderstanding of the specification, or because
of any misinformation or lack of information. The City of Tustin reserves the right to take one or more
of the following actions as determined in the best interest of the organization:
1. to accept or reject in whole or in part any or all proposals;
2. to cancel this RFP in whole or in part without prior notice. Thereafter, City may issue a
solicitation for new proposals;
3. City makes no guarantee as to the usage of the services by City;
4. to waive, at its discretion, any minor errors, informalities or irregularities, which the City deems
correctable or otherwise not warranting rejection of the RFP;
5. to correct any arithmetic errors in any or all proposals submitted;
6. to negotiate with any Proposer(s) as necessary to serve the best interest of the City and to
negotiate the final contract(s) with the most responsive, responsible Proposer
7. to investigate the qualifications of any Proposer under consideration;
8. to disqualify a proposal upon evidence of collusion with the intent to defraud or other illegal
practices on the part of the Proposer;
9. to require confirmation of information furnished by the Proposer;
10. to award one contract for the total SYSTEM, or make multiple awards if it is in the best interest
of the City.
11. to utilize any or all the ideas from proposals submitted;
12. to change the proposal's due date upon appropriate notification;
13. to adopt any or all of a vendor's proposal; and
14. to negotiate modifications to the scope and fee with selected Proposer(s) prior to contract
award.
2.2 Interviews/On-Site Demonstrations/Equipment Testing
City reserves the right to conduct interviews, and/or to require on-site demonstrations and/or product
testing with some or all of the Proposers at any point during the evaluation process. However, City may
determine that interviews/on-site demonstrations/equipment testing are not necessary. In the event
interviews/on-site demonstrations/equipment testing are conducted, information provided during the
interview/on-site demonstrations/equipment testing shall be taken into consideration when evaluating
the stated criteria. City shall not reimburse the Proposer for the costs associated with the interview/on-
site demonstrations/equipment testing process. Equipment testing will be held at a time and place
specified by the City. The Proposer's key project team members will be invited to attend the interview
and/or on-site demonstrations and/or equipment testing. The Proposers should be prepared to discuss
at the interview, their specific experience providing services and equipment similar to those described in
this RFP, project approach, estimated work effort, available resources, and other pertinent things
distinguishing the Proposer from others.
2.3 Proposal Instructions
Deadline for submitting proposals Friday May 31, 2019 by 10:00 AM. Hand delivery to City Hall, City
Clerk's Office, 300 Centennial Way, Tustin, CA 92780. Five (5) copies of each submission are required
along with one electronic copy on flash drive. All submissions must be sealed in a package with
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reference to "RFP for Business License Software" on the outside. Proposals received after the deadline
will be returned, unopened, to the Proposer.
2.4 Addendum and Supplements to the RFP
If it becomes necessary to revise any part of this RFP, an addendum or revision will be transmitted to all
prospective vendors by email and will be posted on the City's website. Questions concerning the RFP
document must be submitted in writing to City of Tustin, Attn: Sean Tran, 300 Centennial Way, Tustin,
CA 92780, or email at stran@tustinca.org. Questions will be received through Friday, May 10, 2019, by
5:00 PM. Responses to all questions will be distributed in writing via email to all known Proposers and
will be posted on the City of Tustin's website (www.tustinca.org) as an addendum by 5:00 PM on Friday
May 10, 2019. Proposers are cautioned that any statements made by the contact person that materially
change any portion of the RFP shall not be relied upon unless subsequently ratified by a formal written
amendment to this RFP.
2.5 Award of Contract
The City reserves the right to reject any and all Proposals. A formal contract award is anticipated for the
best overall vendor as determined by the Evaluation Committee and approved by City Council as a result
of this RFP. The City reserves the right, in its sole discretion, to waive minor irregularities in proposals. A
minor irregularity is a variation of the RFP, which does not affect the funding request, or gives one party
an advantage or benefit not enjoyed by the other parties, or adversely impacts the interest of the City.
Waivers, when granted, shall in no way modify the RFP requirements or excuse the party from full
compliance with the RFP specifications and other contract requirements, if the party is awarded the
contract.
2.6 False or Misleading Statements
Any submittals containing, in the opinion of the City, false or misleading statements will be rejected.
2.7 Prospective Vendor Costs
Costs for developing submittals are entirely the responsibility of the vendor and shall not be chargeable
in any manner to the City.
2.8 Evaluation Process
The City will form an Evaluation Committee to review all submittals received by the deadline. Any
submittal failing to meet any of the qualifications documented in this RFP may be rejected. The purpose
for the Evaluation Committee is to recommend which vendor is best able to provide, install, maintain
and support the SYSTEM, to the City's requirements, and within the City's budget. A submission in
response to this RFP indicates your acceptance of the City's evaluation criteria.
ORGANIZATION BACKGROUND
• Company's demonstrated capabilities and local staffing levels to meet the project's needs,
service requirements and the company's safety record
RECOMMENDED SOLUTION
• Understanding of requirements
• Project management methodologies
• Proposed approach
• Quality assurance plan
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TECHNICAL COMPETENCE AND EXPERIENCE
Project Manager and key personnel's demonstrated experience and expertise
Meets technical system requirements as outlined in the Request for Proposal
REFERENCES
• Vendor has completed three projects similar in scope, scale, and budget
COST
i The cost proposal is comprehensive and realistic to complete the project
2.9 Clarification of Proposals
The City reserves the right to obtain clarification information on any item in any vendor's submittal or to
obtain additional related information necessary to properly evaluate the submittal. Failure of a vendor
to respond to a request for more information may result in the proposal being rejected.
2.10 Confidential Information
All responses to this RFP become the property of City and will be kept confidential until such time as
recommendation for award of contract has been announced. Thereafter, proposals are subject to public
inspection and disclosure under the California Public Records Act (Cal. Government Code Section 6250,
et seq.). If a vendor believes that any portion of its proposal is exempt from public disclosure, such
portion may be marked "confidential." City will use reasonable means to ensure that such confidential
information is safeguarded but will not be held liable for inadvertent disclosure of such materials, data
and information. Proposals marked "confidential'' in their entirety will not be honored and City will not
deny public disclosure of all or any portion of proposals so marked. By submitting information with
portions marked "confidential", the Proposer represents it has a good faith belief that such material is
exempt from disclosure under the California Public Records Act and agrees to reimburse the City for,
and to indemnify, defend and hold harmless City, its officials, officers, employees and agents from and
against: (a) any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and
expenses including, (collectively, "Claims") arising from or relating to City's non -disclosure of any such
designated portions of a proposal if disclosure is deemed required by law or court order. Additionally,
City may request that the Proposer directly defend any action for disclosure of any information marked
confidential.
2.11 City Use of RFP Ideas
The City reserves the right to use any and all service and product ideas presented from prospective
vendors. Selection or rejection of a vendor does not affect this right.
2.12 Copyrights and Patents
The vendor shall hold the City of Tustin and its officers, agents, servants, and employees harmless from
liability of any nature or kind because of any copyrighted information, secret or proprietary process,
patented or unpatented invention, disclosed or used in response to this RFP, and agrees to defend, at its
own expense, any and all actions brought against the City of Tustin or its officers, agents, servants, or
employees or the Vendor alleging or arising from unauthorized use of such information, process or
invention.
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2.13 Reliance on Information
VENDORS MAY RELY ONLY UPON WRITTEN INFORMATION AND/OR INSTRUCTIONS FROM THE CITY
GIVEN HEREIN OR SUBSEQUENT TO THE ISSUANCE OF THIS RFP. VENDOR MAY NOT RELY ON ANY ORAL
INFORMATION AND/OR INSTRUCTIONS GIVEN WITH REGARD TO THIS RFP.
Any City response to a question or request for clarification by a vendor will be made in the form of an
addendum to the RFP, which will be sent via email to all parties to whom the RFP has been issued not
later than five (5) business days prior to the due date for receipt of the Proposal and will become part of
the RFP.
2.14 Replacement of Incompatible Staff
The City reserves the right to request and receive a replacement for any vendor staff member whom the
City, in its sole and absolute discretion, determines is not working effectively with the City's staff
assigned to this project, or who is inadequately qualified to perform the services to be provided, or who
is unsuitable to be performing services in secure areas.
2.15 Security Check
All vendor personnel and subcontractors may be required to pass an extensive security background
check before they are allowed to perform any services for the City. The vendor or individual employees.
of the vendor may be excluded from providing services based on the results of the background checks,
in the sole and absolute discretion of the City. All proposals should acknowledge this fact, and project
timelines should reflect this fact.
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PROFESSIONAL SERVICES AGREEMENT
This Agreement for Professional Services (herein "Agreement"), is made and
entered into this DATE ("Effective Date"), by and between the CITY OF TUSTIN, a
municipal corporation ("City"), and CONTRACTOR, a California Corporation
("Contractor").
WHEREAS, the City desires to retain CONTRACTOR to provide a Business
License Software for the City;
WHEREAS, Contractor submitted to City a proposal, dated DATE, a copy of
which is attached hereto as Exhibit "A" ("Proposal"), and which is incorporated herein
by this reference;
WHEREAS, Contractor is qualified to provide the necessary services and has
agreed to provide such services; and
WHEREAS, City desires to retain Contractor to provide the necessary
services subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual
agreements contained herein, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, City and Contractor agree as follows:
SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions
of this Agreement, Contractor shall provide those services specified in the Proposal
(the "Services" or the "Work"). Contractor warrants that all Services shall be
performed in a competent, professional, and satisfactory manner in accordance with
all standards prevalent in the industry. In the event of any inconsistency between the
terms contained in Proposal and specific terms set forth in the main body of this
Agreement, the terms set forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All Services rendered hereunder shall
be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and
regulations of the City of Tustin and of any federal, state or local governmental
agency of competent jurisdiction.
1.3 Licenses and Permits. Contractor shall obtain at its sole cost
and expense such licenses, permits and approvals as may be required by law for the
performance of the Services required by this Agreement.
1.4 Familiarity with Work. By executing this Contract, Contractor
warrants that Contractor (a) has thoroughly investigated and considered the Work to
be performed, (b) has investigated the site of the Work and become fully acquainted
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with the conditions there existing, (c) has carefully considered how the Work should
be performed, and (d) fully understands the facilities, difficulties and restrictions
attending performance of the Work under this Agreement. Should the Contractor
discover any latent or unknown conditions materially differing from those inherent in
the Work or as represented by the City, Contractor shall immediately inform City of
such fact and shall not proceed with any Work except at Contractor's risk until written
instructions are received from the Contract Officer.
1.5 Care of Work. Contractor shall adopt and follow reasonable
procedures and methods during the term of the Agreement to prevent loss or damage
to materials, papers or other components of the Work, and shall be responsible for
all such damage until acceptance of the Work by City, except such loss or damages
as may be caused by City's own negligence.
1.6 Additional Services. Contractor shall perform services in
addition to those specified in the Proposal when directed to do so in writing by the
Contract Officer, provided that Contractor shall not be required to perform any
additional services without compensation. Any additional compensation not
exceeding ten percent (10%) of the original contract sum must be approved in writing
by the Contract Officer. Any greater increase must be approved in writing by the City
Manager.
2. COMPENSATION
2.1 Compensation of Contractor. For the Services rendered
pursuant to this Agreement, the Contractor shall be compensated and reimbursed
only for such Services and such amounts as are expressly prescribed in the
Proposal, in an amount not to exceed AMOUNT (AMOUNT).
THE MAXIMUM AMOUNT OF CITY'S OBLIGATION UNDER THIS AGREEMENT
IS THE AMOUNT SPECIFIED IN THIS SECTION. IF THE CITY'S MAXIMUM
OBLIGATION IS REACHED BEFORE THE CONTRACTOR'S SERVICES
UNDER THIS AGREEMENT ARE COMPLETED, CONTRACTOR WILL
NEVERTHELESS COMPLETE THE SERVICES WITHOUT LIABILITY ON THE
CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT.
2.2 Method of Payment. In any month in which Contractor wishes
to receive payment, Contractor shall, no later than the first working day of such
month, submit to City in the form approved by City's Director of Finance, an invoice
for Services rendered prior to the date of the invoice. City shall pay Contractor for all
expenses stated thereon which are approved by City consistent with this Agreement,
no later than the last working day of said month.
2.3 Changes. In the event any change or changes in the Work is
requested by City, the parties hereto shall execute an addendum to this Agreement,
setting forth with particularity all terms of such addendum, including, but not limited
to, any additional Contractor's fees. Addenda may be entered into:
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1253025.1
A. To provide for revisions or modifications to documents or
other work product orwork when documents orotherwork product orwork is required
by the enactment or revision of law subsequent to the preparation of any documents,
other work product or work;
B. To provide for additional services not included in this
Agreement or not customarily furnished in accordance with generally accepted
practice in Contractor's profession.
2.4 Payment for Changes. Changes approved pursuant to an
Addendum shall be compensated at the personnel hourly rates prescribed in the
Proposal.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement.
3.2 Schedule of Performance. All Services rendered pursuant to
this Agreement shall be performed within any time periods prescribed in the
Proposal.
3.3 Force Majeure. The time for performance of Services to be
rendered pursuant to this Agreement may be extended because of any delays due
to unforeseeable causes beyond the control and without the fault or negligence of
the Contractor, including, but not restricted to, acts of God or of a public enemy, acts
of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, and unusually severe weather if the Contractor shall
within ten (10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary
delay, and extend the time for performing the Services for the period of the enforced
delay when and if in the Contract Officer's judgment such delay is justified, and the
Contract Officer's determination shall be final and conclusive upon the parties to this
Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections
7.6 or 7.7 of this Agreement, this Agreement shall continue in full force and effect
until satisfactory completion of the services but not exceeding AMOUNT from the
date hereof for one year, unless extended by mutual written agreement of the parties.
4. COORDINATION OF WORK
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4.1 Representative of Contractor. The following Principal of the
Contractor is hereby designated as being the principal and representative of
Contractor authorized to act in its behalf with respect to the Work specified herein
and make all decisions in connection therewith: NAME
It is expressly understood that the experience, knowledge,
capability and reputation of the foregoing Principal is a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing Principal shall be
responsible during the term of this Agreement for directing all activities of Contractor
and devoting sufficient time to personally supervise the Services hereunder. The
foregoing Principal may not be changed by Contractor without the express written
approval of City.
4.2 Contract Officer. The Contract Officer shall be the Director of
Finance. The Co -Contract Officer shall be the Deputy Director of Finance —
Administrative Services. It shall be the Contractor's responsibility to keep the
Contract Officer, or the Co -Contract Officer in the Contract Officer's absence, fully
informed of the progress of the performance of the Services and Contractor shall
refer any decisions, which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer or the Co -Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Contractor shall not contract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval of the
City. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of
City.
4.4 Independent Contractor. Neither the City nor any of its
employees shall have any control over the manner, mode or means by which
Contractor, its agents or employees perform the Services required herein, except as
otherwise set forth herein. Contractor shall perform all Services required herein as
an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of City. Contractor shall be solely responsible
for compliance with State and Federal Law with respect to the wages, hours, benefits,
and working conditions of its employees, including requirement for payroll deductions
for taxes. Employees or independent contractors of Contractor are not City
employees.
4
1253025.1
5. INSURANCE / INDEMNIFICATION
5.1 Insurance Requirements
A. Types of Required Coverages. Contractor shall
maintain in full force and effect during the term of this Agreement the following
insurance policies:
(1) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance
Services Office "occurrence" form CG 00 01, with minimum limits of at least
$1,000,000 each occurrence, and . if written with an aggregate, the
aggregate shall be double the each occurrence limit.
(2) Products -Completed Operations: Contractor shall
procure and submit to City evidence of insurance for a period of at least
three (3) years from the time that all Work under this contract is completed.
(3) Automobile Liability Insurance: Automobile Liability
Insurance with coverage at least as broad as Insurance Services Office
Form CA 0001 covering "Any Auto" (Code 1) with minimum limits of
$1,000,000 each accident.
(4) Professional Liability: Professional Liability insurance
with minimum limits of $2,000,000 each claim. Covered Professional
Services shall specifically include all Work to be performed under the
contract and delete any exclusion that may potentially affect the Work to be
performed.
(5) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability
Insurance with a limit of not less than $1,000,000 each accident for bodily
injury and $1,000,000 each employee for bodily injury by disease.
B. Endorsements
Insurance policies shall not be in compliance if they include
any limiting provision or endorsement that has not been submitted to the City for
approval.
(1) The insurance coverages required by Section (1)
Commercial General Liability; and (3) Automobile Liability Insurance shall
contain the following provisions or be endorsed to provide the following:
(a) Additional Insured: The City, its elected officials,
officers, employees, volunteers, boards, agents and representatives
1253025.1
shall be additional insureds with regard to liability and defense of
suits or claims arising out of the performance of the Contract.
Additional Insured Endorsements shall not:
i. Exclude "Contractual Liability"
ii. Restrict coverage to the "Sole" liability of
contractor
iii. Exclude "Third -Party -Over Action"
iv. Contain any other exclusion contrary to the
Contract
(b) Primary Insurance: This insurance shall be
primary and any other insurance whether primary, excess, umbrella
or contingent insurance, including deductible, or self-insurance
available to the insureds added by endorsement shall be in excess
of and shall not contribute with this insurance.
(c) The policy or policies of insurance required by
Section (5) Workers' Compensation shall be endorsed, as follows:
Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of
subrogation against the indemnified parties.
C. Notice of Cancellation
Required insurance policies shall not be cancelled or the
coverage reduced until a thirty (30) day written notice of cancellation has been
served upon the City except ten (10) days shall be allowed for non-payment of
premium.
D. Evidence of Insurance
The Contractor, concurrently with the execution of this
Agreement, and as a condition precedent to the effectiveness thereof, shall deliver
either certified copies of the required policies, or original certificates and
endorsements on forms approved by the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer to
bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any
such policy, evidence of insurance showing that such insurance coverage has
been renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Contractor shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has been
provided through another insurance company or companies.
E. Deductible or Self -Insured Retention
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1253025.1
Any deductible or self-insured retention must be approved in
writing by the City and shall protect the indemnified parties in the same manner
and to the same extent as they would have been protected had the policy or
policies not contained a deductible or self-insured retention.
F. Contractual Liability
The coverage provided shall apply to the obligations assumed
by the Contractor under the indemnity provisions of this contract.
G. Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations
hereunder during such period of time as the required insurance coverage is not in
effect and evidence of insurance has not been furnished to the City. The City shall
have the right to withhold any payment due Contractor until Contractor has fully
complied with the insurance provisions of this Contract.
In the event that the Contractor's operations are suspended
for failure to maintain required insurance coverage, the Contractor shall not be
entitled to an extension of time for completion of the Work because of production
lost during suspension.
H. Acceptability of Insurers
Each such policy shall be from a company or companies with
a current A.M. Best's rating of no less than A:VII and authorized to do business in
the State of California, or otherwise allowed to place insurance through surplus
line brokers under applicable provisions of the California Insurance Code or any
federal law. Any other rating must be approved in writing in accordance with the
City.
Claims Made Policies
If coverage is written on a claims -made basis, the retroactive
date on such insurance and all subsequent insurance shall coincide or precede
the Effective Date of the initial Contractor's Contract with the City and continuous
coverage shall be maintained or an extended reporting period shall be exercised
for a period of at least three (3) years from termination or expiration of this
Contract.
Upon expiration or termination of coverage of required
insurance, Contractor shall procure and submit to City evidence of "tail" coverage
or an extended reporting coverage period endorsement for the period of at least
three (3) years from the time that all Work under this contract is completed.
J. Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to
purchase the same types and limits of insurance in compliance with the terms of
this Agreement, including adding the City as an Additional Insured to the
Subcontractor's policies.
7
1253025.1
K. Insurance Obligations of Contractor
The insurance obligations under this Agreement shall be: (1)
all the insurance coverage and/or limits carried by or available to the Contractor;
or (2) the minimum insurance coverage requirements and/or limits shown in this
Agreement; whichever is greater. Any insurance proceeds in excess of or broader
than the minimum required coverage and/or minimum required limits, which are
applicable to a given loss, shall be available to the City. No representation is made
that the minimum insurance requirements of this Agreement are sufficient to cover
the obligations of the Contractor under this contract.
5.2 Indemnification. The Contractor shall defend, indemnify and
hold harmless the City, its officers and employees, from and against any and all
actions, suits, proceedings, claims, demands, losses, costs, and expenses, including
legal costs and attorneys' fees, for injury to or death of person or persons, for damage
to property, including property owned by City, arising from errors and omissions of
Contractor, its officers, employees and agents, or arising out of or related to
Contractor's performance under this Agreement, except for such loss as may be
caused by City's sole negligence.
The Contractor shall also defend, indemnify and hold the City
harmless from any claims or liability for City health and welfare, retirement benefits,
or any other benefits of part-time or fulltime City employment sought by Contractor's
officers, employees, or independent contractors, whether legal action, administrative
proceeding or pursuant to State statue.
Such indemnity shall extend, but not be limited to, claims,
damages and liabilities arising from injuries or damages to persons or property and
to workers' compensation claims and award of attorney's fees. Such indemnity shall
not apply to any injuries to persons or property, which result in the sole negligence of
Contractor.
6. RECORDS AND REPORTS
6.1 Reports. Contractor shall periodically prepare and submit to the
Contract Officer such reports concerning the performance of the Services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Contractor shall keep such books and records as
shall be necessary to properly perform the Services required by this Agreement and
enable the Contract Officer to evaluate the performance of such Services. The
Contract Officer shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit and make records and
transcripts from such records.
8
1253025.1
6.3 Ownership of Documents. All drawings, specifications, reports,
records, documents and other materials prepared by Contractor in the performance
of this Agreement shall be the property of City and shall be delivered to City upon
request of the Contract Officer or upon the termination of this Agreement, and
Contractor shall have no claim forfurther employment or additional compensation as
a result of the exercise by City of its full rights or ownership of the documents and
materials hereunder. Contractor may retain copies of such documents for its own
use. Contractor shall have an unrestricted right to use the concepts embodied
therein.
6.4 Release of Documents. All drawings, specifications, reports,
records, documents and other materials prepared by Contractor in the performance
of Services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and
interpreted both as to validity and to performance of the parties in accordance with
the laws of the State of California. Legal actions concerning any dispute, claim or
matter arising out of or in relation to this Agreement shall be instituted in the Superior
Court of the County of Orange, State of California, or any other appropriate court in
such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its contentions
by submitting a claim therefor. The injured party shall continue performing its
obligations hereunder so long as the injuring party cures any default within ninety
(90) days after service of the notice, or if the cure of the default is commenced within
thirty (30) days after service of said notice and is cured within a reasonable time after
commencement; provided that if the default is an immediate danger to the health,
safety and general welfare, the City may take immediate action under Section 7.6 of
this Agreement. Compliance with the provisions of this Section shall be a condition
precedent to any legal action, and such compliance, shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured.
7.3 Waiver. No delay or omission in the exercise of any right or
remedy of a non -defaulting party on any default shall impair such right or remedy or
be construed as a waiver. No consent or approval of City shall be deemed to waive
or render unnecessary City's consent to or approval of any subsequent act of
Contractor. Any waiver by either party of any default must be in writing and shall not
be a waiver of any other default concerning the same or any other provision of this
Agreement.
7.4 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the rights
9
1253025.1
and remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.5 Legal Action. In addition to any other rights or remedies, either
party may take legal action, in law or in equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy
consistent with the purposes of this Agreement.
7.6 Termination Prior to Expiration of Term. The City reserves the
right to terminate this Agreement at any time, with or without cause, upon thirty (30)
days written notice to Contractor, except that where termination is due to the fault of
the Contractor and constitutes an immediate danger to health, safety and general
welfare, the period of notice shall be such shorter time as the City's Contract Manager
in his or her sole discretion determines is appropriate. Upon receipt of the notice of
termination, Contractor shall immediately cease all Services hereunder except such
as may be specifically approved by the Contract Officer. Contractor shall be entitled
to compensation for all Services rendered prior to receipt of the notice of termination
and for any Services authorized by the Contract Officer thereafter.
7.7 Termination for Default of Contractor. If termination is due to
the failure of the Contractor to fulfill its obligations under this Agreement, City may
take over the Work and prosecute the same to completion by contract or otherwise,
and the Contractor shall be liable to the extent that the total cost for completion of the
Services required hereunder exceeds the compensation herein stipulated, provided
that the City shall use reasonable efforts to mitigate damages, and City may withhold
any payments to the Contractor for the purpose of set-off or partial payment of the
amounts owed to City.
8. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non -Liability of City Officers and Employees. No officer or
employee of City shall be personally liable to the Contractor, or any successor -in -
interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or its successor, or for breach of any obligation
of the terms of this Agreement.
8.2 Covenant Against Discrimination. Contractor covenants that,
by and for itself, its heirs, executors, assigns, and all persons claiming under or
through them, that there shall be no discrimination or segregation in the performance
of or in connection with this Agreement regarding any person or group of persons on
account of race, color, creed, religion, sex, gender, sexual orientation, marital status,
national origin, or ancestry. Contractor shall take affirmative action to insure that
10
1253025.1
applicants and employees are treated without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, or ancestry.
9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any
other person shall be in writing and either served personally or sent by pre -paid, first-
class mail to the address set forth below. Either party may change its address by
notifying the other party of the change of address in writing. Notice shall be deemed
communicated forty-eight (48) hours from the time of mailing if mailed as provided in
this Section.
To City: To Contractor:
CITY OF TUSTIN NAME
300 Centennial Way ADDRESS
Tustin, CA 92780 ADDRESS
Attention: Deputy Director of Finance Attention: NAME
9.2 Integrated Agreement. This Agreement contains all of the
agreements of the parties and cannot be amended or modified except by written
agreement.
9.3 Amendment. This Agreement may be amended at any time by
the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall
be interpreted to carry out the intent of the parties hereunder.
9.5 Corporate Authority. The persons executing this Agreement on
behalf of the parties hereto warrant that they are duly authorized to execute this
Agreement on behalf of said parties and that by so executing this Agreement the
parties hereto are formally bound to the provisions of this Agreement.
11
1253025.1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
"City"
Dated: CITY OF TUSTIN, a municipal corporation
APPROVED AS TO FORM:
David E. Kendig
City Attorney
Matthew S. West
Acting City Manager
"Contractor"
NAME
COMPANY NAME
ADDRESS
ADDRESS
0
12
1253025.1
Exhibit A
Proposal
13
1253025.1
0
SUBMITTED BY
HdL Companies
120 S. State College Blvd., Ste 200
Brea, CA 92821
hdlcompanies.com
CONTACT
George Bonnin
T: 714.879.5000
E: gbonnin@hdlcompanies.com
Proposal for Business License Software
City of Tustin, CA
TABLE OF CONTENTS
May 31, 2019
SECTION 1: INTRODUCTION.............................................................................................2
SECTION 2: EXPERIENCE................................................................................................. 5
SECTION 3: RECOMMENDED SOLUTION........................................................................7
SECTION 4: REFERENCES..............................................................................................10
SECTION5: COST............................................................................................................11
SECTION 6: MAINTENANCE AND SUPPORT..................................................................13
HdL Software, LLC 1
Proposal for Business License Software
City of Tustin, CA
SECTION 1: INTRODUCTION
May 31, 2019
Sean Tran
City of Tustin
300 Centennial Way
Tustin, CA 92780
Dear Sean,
May 31, 2019
HdL is pleased to submit a response to the City's published Request for Proposal for Business
License Software dated April 1, 2019 with a due date of May 31, 2019. HdL is proposing HdL's
Prime Business License Software System as a best of breed solution to best satisfy the City's
business licensing needs. Some unique aspects of HdUs solution:
Business License Provider of Choice by California Agencies — HdL has been partnering
with California local governments for over 35 years and is the preferred provider of business
license services, having been selected by more agencies than any other provider while
maintaining an over 99% customer retention rate. Our broad and informed customer base and
unmatched dedication to serving California's local governments have helped us to deliver
business license services of the highest quality.
• Exceptional Customer Support — Our staff represents hundreds of years of local government
experience, including CROs, business tax supervisors, finance directors and city
managers. We have a broad, deep and intimate understanding of the complex needs of
California local government. As former government professionals ourselves, our dedication to
local government is second to none.
Full -Service Provider — HdL is the only firm which also provides tightly integrated local tax
services as needed, including modernizing your municipal code and tax structure, discovery
and audit services, and consulting services which encompass any circumstance which may be
encountered in the realm of local government licensing and taxes. Our compliance services
integrate closely with our software, providing an electronic remittance package which
eliminates data entry.
Integrations — HdL Prime includes numerous integration capabilities for finance systems,
cashiering, lockbox processing, California FTB data, sales tax data, property tax data, and
more.
will serve as the key contact on matters relating to this proposal. Please feel free to call if you
have questions or need additional information.
Sincerely,
George Bonnin
Sales and Marketing Manager
gbonnin(a)hdlcompanies.com
HdL Software, LLC 2
Proposal for Business License Software
City of Tustin, CA
909.861.4335
COMPANY PROFILE
Firm Name: HdL Software, LLC
Firm Address: 120 S. State College Blvd., Suite 200
Brea, California 92821
Firm Telephone #: 714-879-5000
Firm Fax Number: 909-861-7726
Federal I.D. Number: 95-4627548
HdL is a national consulting services company
May 31, 2019
Management person responsible for direct contact with the City of Tustin for clarifications or any
additional information regarding this RFP:
Name: George Bonnin Title: Marketing and Sales Manager
Telephone #: 714.879.5000 Fax: 909-861-7726
Email: gbonnin(cD_hdlcompanies.com
Person responsible for day-to-day servicing of the account regarding this RFP:
Name: Darlyne Demeduk Title: Customer Service Director
Telephone #: 714.879.5000 Fax: 909-861-7726
Email: jdavis(a)_hdlcompanies.com
Management person authorized to obligate, negotiate and execute an Agreement with the City
of Tustin.
Name: Robert Gray Title: President
Telephone #: 714.879.5000 Fax: 909-861-7726
Email: rgray(o-)hdlcompanies.com
COMPANY HISTORY
A tradition of service to local government
HdL was established in 1983 to maximize local government revenues through a variety of audits,
analytical services and software systems. HdL is the only full-service local tax solution provider,
delivering the best software and support along with a comprehensive set of services including
tax discovery, audits, and municipal code modernization.
Properly administering local taxes is an important and specialized task. HdL's solution was
designed from the ground up for local taxes such as business license tax and transient occupancy
tax and is constantly enhanced by HdL with new functionality and improvements. Unlike
enterprise system providers, HdL is 100% focused on delivering support and results to benefit
your local tax team and your business community. As a result, HdL is the business license
software provider of choice by California agencies, partnering with California local governments
HdL Software, LLC 3
Proposal for Business License Software
City of Tustin, CA May 31, 2019
for over 26 years and having been selected by more agencies than any other provider while
maintaining an over 99% customer retention rate. Our staff represents hundreds of years of local
government experience, including CROs, business tax supervisors, finance directors and city
managers. We have a broad, deep and intimate understanding of the complex needs of California
local government. As former government professionals' ourselves, our dedication to local
government is second to none.
HdUs Prime local tax software solution has built in capabilities to cross reference with HdUs sales
tax and property tax databases, as well as business return data provided by the FTB data
exchange program. HdL provides a discovery list service which will meet this requirement. The
discovery list is a professional service provided by HdUs local tax compliance team. HdL will
incorporate data sources provided by the City, as well as records from HdUs proprietary data
warehouse. The leads can be updated annually, semi-annually, or quarterly.
HdUs local tax team spends 100% of its time on local tax solutions and support for our local
government clients. Over 160 local government agencies trust HdUs local tax solution to process
over $450 million in taxes annually. Guided by these client relationships, HdUs Prime local tax
solution continues to improve in ease of use and functionality. HdUs Prime solution will support
the City's identified core activities including business license fee collection, additional
taxes/assessments, monitoring current activity, auditing license activity, and improving operations
efficiency. Whether business license tax, TOT, parking facilities tax, or other similar locally
administered revenue programs, HdL Prime will provide an efficient platform for both City staff
and the City's business community. HdL also pro -actively monitors local and state legislation for
potential impacts on locally administered revenue programs, both to ensure our systems are
ready and to also shape potential legislation when possible to benefit California local
governments.
HdL Software, LLC 4
Proposal for Business License Software
City of Tustin, CA
SECTION 2: EXPERIENCE
Team expertise and Staff Bios
May 31, 2019
HdL's key staff has extensive local government experience, having previously held positions in
city management, finance, planning, economic development or revenue collection. The HdL team
includes several experienced business license tax department supervisors, certified revenue
officers (CROs), and prior CMRTA board members. HdL is a Corporate Partner of the League of
California Cities and California State Association of Counties and works extensively with the
County Auditor's Association of California, California Society of Municipal Finance Officers
(CSMFO) and California Municipal Revenue and Tax Association (CMRTA) on anticipation and
planning of programs to strengthen local government revenues. HdL's intimate understanding of
local government needs coupled with our extensive databases and advanced methodology
provides for the most relevant, productive, and responsive revenue solutions, software systems,
and customer service.
Josh Davis
Professional
Services Team
Darlyne
Dennis Lewis Demeduk
Systems Team Client Services
Team
Roi Kim
Software George Bonnin
Development Sales
Team
HdL Software, LLC 5
Proposal for Business License Software
City of Tustin, CA May 31, 2019
Robert Grav— President
Mr. Gray serves as President of HdL Software LLC and has been with the firm since 1996. He
has extensive experience in the design, development, implementation and support of software
systems for local government. He has played a key role in the design of 8 municipal software
systems and approximately 200 successful implementations of those systems. He introduced
HdL's local tax services, which provide tax administration and consulting services to an over-
growing number of municipalities. While leading HdL Software through a period of significant
growth, he has ensured that HdL maintains its commitment to providing excellent customer
service. He also oversees software development and IT for Hinderliter de Llamas. He earned a
Bachelor of Science degree in Computer Science and a Master's degree in Business
Administration from Azusa Pacific University,
Darlene Demeduk — Clients Services Manager
Ms. Demeduk has over 23 years of experience in Finance and Business Licensing, She previously
served as Business Program Specialist for the City of Pleasanton for over 20 years. While at the
City, Darlyne assisted HdL in developing the Business License Software system by serving as
one of the original Beta Testers. She has been an active member of the California Municipal
Revenue and Tax Association since 1989, serving the association on both the State and Local
Boards. She has held the offices of Secretary, 2nd VP, 1st VP, President, Past President and
Associate Member Chair. She is the recipient of the Bruno Marchetti Award for extraordinary
leadership and service to the organization in 2004. She has also earned the Certification of
Certified Revenue Officer from both the CMRTA and NBBLO (National Bureau of Business
Licensing Officials). After a distinguished career in local government business licensing, Ms.
Demeduk joined HdL Software in 2011. She serves as Client Services Manager, overseeing all
aspects of Client Relations, and Project Management, providing guidance during implementation
of new systems and services while ensuring Client support and satisfaction.
Connor Duckworth — Proiect Manager
Mr. Duckworth has over ten years of experience working for both State and local municipalities
and providing political consulting to candidates on a number of races and referendums. As a
project manager, he is responsible for the development and implementation of business license,
tax, and revenue related products and services. He has served as a lecturer and mentor to
municipalities nationwide and served as a Vice -President on both Division and State Boards for
the CMRTA. He has won the CMRTA Lighthouse Award of Excellence for creating the top
business license and revenue program in the State. Additionally, Mr. Duckworth is currently
elected to a county -wide office which serves the needs of over 200,000 residents.
HdL Software, LLC 6
Proposal for Business License Software
City of Tustin, CA May 31, 2019
SECTION 3: RECOMMENDED SOLUTION
Solution:
HdL Prime is HdL's 3rd generation local tax system, which is currently in use by over 170
municipalities to good effect. HdL has also successfully developed custom local tax systems
for other clients, such as a comprehensive fire inspection and billing system and a rent
stabilization system.
All systems are fully supported after delivery, ensuring effective and error free operation for all
clients. Initial user training is conducted during implementation to ensure the current user base
is knowledgeable regarding the system's capabilities and comfortable with its operation.
Subsequent training and assistance is readily available via a phone call, email, or support
session with HdL's client support team. Unique to. HdL, training and support are provided by
HdL's expert client services team which are trained in California local taxation. This expertise
ensures HdL staff have a solid understanding of the City's unique environment and needs, and
thus can provide more relevant training and support compared to an individual only
knowledgeable in the software itself.
General Overview:
Name: HdL Prime Business License Software System.
Solution type: HdL Hosted/SaaS and on -premise solutions are supported.
Database platform: Microsoft SQL Server 2012 or later.
Proposed modules: HdL Prime Business License Software System will satisfy the City's
business license needs and can be integrated as needed with other third
party modules.
On -premise Deployment: HdL will provide an HdL updater utility, which will streamline the
process of downloading the latest software update and applying it to
the City's deployment environment. City staff will occasionally need
to utilize standard Microsoft administrative tools such as IIS Manager
and SQL Server Management Studio.
Printer Specifications: The software is designed to work with all common business printers. A
PCL compliant laser printer is recommended. Each make and model of
printer has different drivers and therefore has slightly different results when
printing. We design forms/reports using HP LaserJet printers.
General Implementation/Installation Deployment:
The software and database will be installed on the City's network on hardware supplied by the
City. Any specifications provided below indicate minimum requirements. It is the City's
responsibility to ensure that any hardware used to host the software/database or run the client
application meets the specifications dictated by the operating system and any software/services
hosted by the hardware. For example, minimum operating system specifications will not be
sufficient if the file server is also hosting the City's email system.
HdL Software, LLC
Proposal for Business License Software
City of Tustin, CA May 31, 2019
Application Server Specifications — The application server will host the HdL Prime web service,
which serves as the HdL Prime business layer. The HdL Prime web service uses the Microsoft
Windows Server with IIS platform. The following versions are supported: MS Windows Server
2008 or later, with IIS v7.0 or later. The application server should have at least 200 megabytes
of space available.
Database Server Specifications — The database server will host all application data. The
database server should be dedicated to server related functions. Using a client's PC as the
database server in a multi-user environment is not supported. HdL Software systems use the
Microsoft SQL Server database platform. The following versions are supported: MS SQL Server
2008 R2 or later (SQL Express variants also supported). Any server operating system supported
by the selected version of SQL Server is supported as a database server; provided it meets the
hardware specifications indicated by both the operating system and the version of SQL Server.
The database server should have at least 50 gigabytes of space available to allow for the initial
database and growth.
Workstation Specifications — The software will be run on the client workstation. HdL Prime is
deployed to the workstation via a click once installer. The Crystal Reports and .NET 4.x runtimes
will also need to be installed on the workstation. The following hardware recommendations are
based on user feedback regarding performance levels: Intel Core i3 or equivalent CPU, 4+GB
Memory, 1280x1024 screen resolution, MS Windows 7/8/10 operating system.
Network Specifications — The software communicates via web services and is designed to operate
efficiently over the network. High-speed local area network connections are always helpful, but
Prime will also run without difficulty over slower WAN connections such as T1 or mobile
broadband.
Printer Specifications — The software is designed to work with laser printers. A PCL compliant
laser printer is recommended. Each make and model of printer has different drivers and therefore
has slightly different results when printing. We design forms/reports using HP LaserJet printers.
Mobile capabilities — HdL's website features, including the business portal and City staff portal,
support all major browsers on all devices — workstations, tablets, and mobile devices. HdL's
development processes regularly test compatibility using a variety of devices and a variety of
browsers, including Microsoft Internet Explorer, Microsoft Edge, Google Chrome, Apple Safari,
and Mozilla Firefox. HdL's staff operations application can be run on a mobile device but must
be run from a Windows operating system and is designed for a high-resolution device.
Application integration/interface — HdL can provide numerous integrations with many other
software platforms, if so desired by the City. Typical integrations include automated creation of a
nightly journal entry file for import into the core finance system, and ability for the City's building
department to check on a contractor's City license status. The following list of integrations is not
a comprehensive list of all integrations which can be developed. Rather, it is a list of potential
integrations based on the City's provided list of existing applications. The technology/method
used for each integration is dependent on the requirements for the integration, both the City's
functional requirements and the 3rd party application provider's technical requirements. Should
the integration require that non-public data be transmitted across an insecure medium (like the
internet), the web service facilitating the integration will be secured and encrypted. As a best of
breed solution provider, HdL is dedicated to providing cost effective integrations which meet the
City's needs.
HdL Software, LLC 8
Proposal for Business License Software
City of Tustin, CA May 31, 2019
Software Modifications — HdL Prime is a configurable off the shelf system (COTS). Although it is
not custom software, HdL frequently implements enhancements that are the result of a client
request. When the City submits an enhancement request, the City will designate the request as
a general enhancement request, or a special enhancement request. The request will then be
handled as described here:
Training — HdL's training plan generally consists of the following. City and HdL may however
agree to modifications of the training schedule as needed.
Session 1: Occurs mid -way through the implementation and will include training for super users
(typically the head of the department or key operational staff) and any users who will
administer the system after installation. This training will ensure attendees are able
to operate HdL Prime to facilitate the remaining configuration and verification
required to proceed toward go -live.
Session 2: Occurs close to the scheduled go -live and will include any remaining staff which
require training.
The length and number of attendees of each training session will be determined by the HdL and
City Project Managers. Training sessions are typically limited to 4 to 6 attendees and
approximately 2 to 3 hours in length. Multiple sessions can be conducted in order to train larger
numbers of staff. HdL can also facilitate a "train the trainer" approach, where -in designated City
"trainers" are given very thorough training, and those trainers are then tasked with training other
City staff as needed. Additional training is available on-site or online if needed at an additional
cost.
Product and customer support: We back our software solutions with the best customer support in
the business. Our staff represents hundreds of years of local government experience, including
CROs, business tax supervisors, finance directors and city managers. We have a broad, deep
and intimate understanding of the complex needs of California local government. As government
professionals ourselves, our dedication to local government is second to none.
HdL provides customer support by telephone, email and the web as needed by the City. In the
United States, there is no charge for support from HdL Software and is available as follows:
• For customer support between the hours of 8:00 am and 5:00 pm Pacific time, Monday
through Friday, email help@hdlcompanies.com or call HdL offices and ask for software
application support. All calls for support are handled immediately. Emails are answered
within the hour or sooner.
• For technical support before 8:00 am or after 5:00 pm Pacific time, Monday through Friday
(or anytime Saturday), email 911 @hdlcompanies.com and an HdL staff member will be
paged for an immediate reply. HdL will respond within 1 hour of notification or sooner.
HdL Software, LLC 9
Proposal for Business License Software
City of Tustin, CA
SECTION 4: REFERENCES
City of Beverly Hills, CA
Mark Brower, Utility Billing and Customer Services Manager
mbrower(aD-beverlyhills.org
310.285.2447
Prime software implemented 2014, business license and
specialized staff support services
May 31, 2019
transient occupancy tax software,
City of Concord, CA
Mike Snow, Business License Supervisor
michael.snow(cD,cityofconcord.org
925.671.3306
Prime software implemented 2016, business license software and d
City of Fremont, CA
John Kachmanian, Finance Operations Manager
jkachmania n(a-).fremont.gov
510.494.4693
Prime software implemented 2014, business license software
City of Oakland, CA
Margaret O'Brien, Revenue and Tax Administrator
mobrien(a),oaklandnet.com
510.238.7480
Prime software implemented 2014, software for business license,
and other tax types
City of Santa Clara, CA
Michelle Eglesia, Municipal Service Division Manager
meglesia(ac)santaclaraca.gov
408.615.2328
Prime software implemented 2014, business license and fire ins
City of Walnut Creek, CA
Sheri Lund, Revenue Supervisor
lund(cD-walnut-creek.org
925-943-5873
Engaged since: June 2000
services
TOT, UUT, Cannabis, Parking,
software
HdL Software, LLC 10
Proposal for Business License Software
City of Tustin, CA
SECTION 5: COST
One Time Project Costs
$36,000.00
Included
$2,500.00
$9,500.00
May 31, 2019
5 Named Users
Includes use of FIS Global payment
gateway. Use of a different gateway
will require a minimum software
development charge of $5,000.
End of day automated journal entry
file.
Project management, installation,
configuration, report design, training,
etc.
$7,000.00 Up to 40 hrs. of data conversion work.
Additional work at time and material
basis. We've converted several other
clients from the City's current vendor,
so do not anticipate any conversion
issues.
At Cost At Cost. Project personnel are local, so
costs will be minimal.
Included 2 days included
Additional days available at $2000/day
$55,000.00 Total one-time costs
Optional Services
$280.00/month 5 users included, billed annually.
Additional Users $15.00 each/month
TBD Additional information/specifications
needed
HA Software, LLC 11
Proposal for Business License Software
City of Tustin, CA
May 31, 2019
Recurring Costs
$9,700.00 Due at Prime core system "Go Live",
and annually thereafter + CPI
$10,039.50
$10,390.88
$10,754.56
HdL Software, LLC 12
Proposal for Business License Software
City of Tustin, CA
SECTION 6: MAINTENANCE AND SUPPORT
Ongoing Maintenance and Support
May 31, 2019
Support Services - HdL will provide customer support by telephone, email and the web during the
term of an active Agreement.
In the United States, no charge support is available as follows: For customer support
between the hours of 8:00 am and 5:00 pm Pacific time, Monday through Friday, email
support@hdlcompanies.com or call the HdL offices at (909) 861-4335 and ask for software
support. For technical support before 8:00 am or after 5:00 pm Pacific time, Monday
through Friday (or anytime Saturday), email 911@hdlcompanies.com and an HdL staff
member will be paged. Please only include your name, agency and contact # in emails to
911@hdlcompanies.com. You will be contacted as soon as possible.
• Once a support request is received, a support ticket is created and assigned to HdUs
client support team for immediate review. Based on the information presently available,
support requests are initially assigned one of the following categories:
"A" Priority — software error/issue that renders the entire system inoperable. HdL shall
assign resources within the first hour of notification and shall continue to work on the
problem until it is resolved.
"B" Priority — software error/issue which seriously impairs system operations but does
not render it "down". HdL shall assign resources within four hours during published
support hours, excluding weekends and holidays, and continue to work on the problem
until it is resolved.
"C" Priority — software error/issue which is relatively minor, but of sufficient severity to
warrant correction before the next production software release. HdL's triage team will
review the issue and provide a response to the City within 1 week, indicating how and
when the issue will be addressed.
"D" Priority — software error/issue/request which does not severely affect the operation
of the system. HdL's triage team will review the issue to determine if it will be addressed
and provide a response to the City within 4 weeks.
If desired, the City can request escalation of the issue to a higher priority. HdL's support
team will maintain in communication with the City's point of contact until the issue is
addressed, typically using a combination of phone and email communications.
Post implementation City roles and responsibilities:
After completion of the implementation project, the project enters the client support phase
and will remain there for the duration of the Agreement. During this phase, City staff will
have the following roles and responsibilities:
Primary Support Contact — Though issues/requests may be reported by any City staff,
one member of the City's team should be designated as HdL's primary support contact.
This individual will be our primary contact point for periodic client check -ins, will be
included in communications regarding open support cases and notifications of software
HdL Software, LLC 13
Proposal for Business License Software
City of Tustin, CA
May 31, 2019
enhancements, and will be responsible for securing and providing authoritative
responses regarding City business practices and needs. This individual is often the
Finance Director, Revenue Manager, or Business License Supervisor. Filling this role
requires minimal effort by the designated individual, estimated at a few hours per month
depending on the City's needs.
Primary IT Contact — Though any members of the City's IT team can coordinate with
HdL as needed to achieve City objectives, one member of the City's IT team should be
designated as HdL's primary IT contact. Should any support cases require the
assistance of City IT, this will be the individual with whom we first establish contact. For
SaaS deployments, this role requires almost no ongoing effort. For On -Premise
deployments, the role requirements are still quite modest. Most of the time required is
spent maintaining server hardware/software, workstations, and network systems. Prime
software updates are provided every two months and require approximately %2 hourto
install.
City Invoicing Contact — HdL invoices are either addressed to the generic City Accounts
Payable, or to a specific individual. Should the City desire invoices to be sent to a
specific individual, they will then be responsible for approving invoices for payment.
Software maintenance plan:
Software updates are typically available every two months, with 5 to 6 software releases each
year. The City's primary support and IT contacts will be notified when an update is available,
and City IT will be responsible for downloading and applying the update. Most updates are
optional, allowing the City's primary support contact to determine if the updates included are
of interest to warrant an update. In the event that HdL releases a patch for a critical
vulnerability, the City will be notified that a priority update is available and should be installed
at the City's earliest convenience. HdL technical support staff are available to assist with
software update rollouts as required.
HdL Software, LLC 14