HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 04/04/2023 (2) 4^* Operations and Public Safety
• Committee
KEN T Tuesday, April 4, 2023
WASH I NGTON 4:0 0 PM
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID: 847 5462 6835
Passcode: 141437
Chair Bill Boyce
Councilmember Brenda Fincher Councilmember Satwinder Kaur
Councilmember Marli Larimer Councilmember Zandria Michaud
Councilmember Les Thomas Councilmember Toni Troutner
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of Minutes
Approval of March 21, 2023 YES Chair 01 MIN.
Minutes
B. Payment of Bills - Approve YES Paula Painter 01 MIN.
C. Voice Permits License YES Tara Duckworth 05 MIN.
Agreement with Selectron
Technologies, Inc. -
Authorize
5. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Operations and Public Safety Committee CC Ops and April 4, 2023
PS Regular Meeting
Unless otherwise noted, the Operations and Public Safety Committee meets at 4 p.m. on the first and
third Tuesday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent,
WA 98032
For additional information please contact Kim Komoto at 253-856-5728, or email
Kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
Pending Approval
Operations and Public Safety
KENT Committee
WA9H... CC Ops and PS Special Meeting
Minutes
March 21, 2023
Date: March 21, 2023
Time: 5:00 p.m.
Place: Chambers
Members: Bill Boyce, Chair
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Zandria Michaud, Councilmember
Les Thomas, Councilmember o
Toni Troutner Councilmember
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Agenda: C
1. Call to Order 5:00 p.m. a
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Council President Boyce called the meeting to order.
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2. Roll Call o
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Attendee Name Title Status Arrived L
Bill Boyce Chair Present
Brenda Fincher Councilmember Present 0
Satwinder Kaur Councilmember Present a
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Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Toni Troutner Councilmember Present
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3. Agenda Approval Q
1. I move to approve the agenda as presented.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
4. Business
A. Approval of Minutes
Approval of Minutes dated March 7, 2023
MOTION: Move to approve the Minutes dated March 7, 2023
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Operations and Public Safety Committee CC Ops March 21, 2023
and PS Special Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through
3/15/2023 and paid on 3/15/2023, and approve the checks issued
for payroll 3/1/2023-3/15/2023 and paid on 3/20/2023, all audited
by the Operations and Public Safety Committee on 3/21/2023. 3
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RESULT: MOTION PASSES [UNANIMOUS] Next: 4/4/2023 7:00 PM
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MOVER: Les Thomas, Councilmember i
SECONDER: Satwinder Kaur, Councilmember o
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner a
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C. Medical, Stop Loss and Wellness Vendor Contracts - Authorize
Human Resources Manager, Lora Horea provided details on each of the o
contract renewals. LO
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Medical: Kaiser Permanente is the City's fully-insured health maintenance N
organization plan. The renewal has a 4.9% rate increase for 2023. N
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Stop Loss: LifeWise Assurance Company covers individual and aggregate 4-
stop loss insurance coverage. The best offer received for 2023 was from
LifeWise with a 10.5% increase. Contracting with LifeWise provides us an
additional discount from Premera on the stop loss integration fee.
This stop loss policy provides added coverage to the City for individual
medical claims exceeding $200,000 per employee or dependent for each
calendar year. Medical costs exceeding this amount are reimbursed to the
City under this policy. a
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Wellness: Employee health and well-being continues to be a priority for the
City. Vitality's Wellness platform offers a solid plan design and meets the
functionality needs of our employees and is critical for our Wellness Program.
The renewal has a 4.3% increase ($1,686 annual increase)
MOTION: I move to authorize the Mayor to approve renewal of the
following contracts:
• Medical plan with Kaiser Permanente for one year
• Stop Loss Insurance with LifeWise for one year
• Wellness platform with Vitality Group for 3 years and 9 months
with the option to renew automatically for a successive period of 1
year each,
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Operations and Public Safety Committee CC Ops March 21, 2023
and PS Special Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
all subject to approval of final terms and conditions acceptable to the
Interim Human Resources Director and the City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 4/4/2023 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner
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5. Adjournment 5:06 p.m. 3
Council President Boyce adjourned the meeting.
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Kim Ley K&moto- °
Committee Secretary 'o
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4.B
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: April 4, 2023
TO: Operations and Public Safety Committee
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
SUMMARY:
BUDGET IMPACT:
Packet Pg. 6
4.0
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
KENT Kent, WA 98032-5895
WAS"'N G T O N 253-856-4600
DATE: April 4, 2023
TO: Operations and Public Safety Committee
SUBJECT: Voice Permits License Agreement with Selectron
Technologies, Inc. - Authorize
MOTION: I move to authorize the IT Director to sign a renewal of the Voice
Permits License Agreement with Selectron Technologies, Inc. in the
amount of $11,632.07, to sign all future annual renewals that are within
established budgets, subject to final terms and conditions acceptable to
the IT Director and City Attorney, and to ratify past actions consistent with
this motion.
SUMMARY: For over twenty years, the City has purchased Interactive Voice
Response services from Selectron for use by the Economic and Community
Development Inspectors and the Permit Center. These services allow the public to
call in to schedule inspections. The City receives over 1,000 calls per month.
This long-standing agreement allows successive yearly renewals so long as the City
does not provide notice of termination. The City continues to renew this contract
under the original terms because they are favorable to the City. The form of the
annual renewal is a purchase order and the price for the current renewal term is
$11,632.07. The original agreement, addendum, and purchase order for the 2023-
2024 term are attached.
To date, the total cost of purchases through this contract with Selectron has been
$238,330.26. Because this has exceeded the Mayor's authority, staff is also seeking
ratification of these previous renewals.
The annual renewal cost of $11,632.07 is included in the IT Operating and
Maintenance budget. Subsequent annual renewal costs are expected to increase
slightly each year, but to remain within the IT Operating and Maintenance budget.
BUDGET IMPACT: The annual cost of $11,632.07 is being funded by the IT
Operating and Maintenance budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 7
4.0
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Selectron-IVR Exhibits (PDF)
Packet Pg. 8
4.C.a
EXHIBIT 1:
Voice Permits License Agreement with Selectron (2001)
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FIRST ADDENDUM TO the SOFTWARE; You may not Make a copy of the
VOICE PERMITSTxi SOFTWARE LICENSE AGREEMENT, SOFTWARE, except as permitted above, Install the
VOICE PERMIT SYSTEM AND INSTALLATION SOFTWARE in such a way that it can be used on more than
AGREEMENT;and one work station at a time without purchasing a separate
IVR MAINTENANCE AGREEMENT, license for each workstation, Modify, decoirtpile,dissemble,
THIS FIRST ADDENDUM is made and entered into by and or reverse-engineer the SOFTWARE
between the CITY OF KFNT, a Washington municipal corporation You agree to obtain prior Selectron approval for multi-
(hereinafter"Customer"),and Selectron,TNC,a duly qualified Oregon worksLmon usave
corporation in good standing, with offices located at 7225 SE Bonita y
Road,Portland,Oregon 97224(hereinafter"Selectron") You agree to use your best efforts to see that any user of the L
SOFTWARE licensed hereunder complies with the terms and t
RECITALS conditions of the License Agreement and refrains from taking
any steps such as reverse assemble or reverse compilation,to Q
WHEREAS, the Customer and Selectron have entered into the derive a source code equivalent of the SOFTWARE �
following agreements (1) Voice PermitsTM Software License >
Agreement, executed on or about B Section 2 of the Voice PermitsT"i Software License r
.�Pf7Y1JaP � c�DO� �, (2) Voice Permit System and Agreement is hereby amended to read as follows O
siallatiun Agreement, executed on or about v
1- 000 and (3) IVR 2. LIMITED WARRANTY
Maintenance Agreerricnt, executed on or about m
L,°<I7111' ~7.fDDCn
1" ,and A Selectron warrants that the SOFTWARE will operate in t
conformance with Selectron's specifications and 3
WHEREAS,as additional consideration,the parties have agreed to functionality described in Exhibit C — Selectron's +.
enter into this First Addendum which amends portions of each of the "Interactive Voice Response Presentation" dated y
above agreements, September 10, 2001, and in Exhibit A for a period of E
one(l)year
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NOW THEREFORE,the parties agree as follows �
B Selectron has used reasonable efforts to minimize Q
AGREEMENT defects or errors in the SOFTWARE N
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I VOICE PERMITS' SOFTWARE LICENSE C Unless a separate agreement for SOFTWARE v
AGREEMENT maintenance is entered into between you and Selectron, J
Selectron bears no responsibility for supplying +�
A Section I of the Voice Permits"' Software License assistance for fixing or for communicating known errors E
Agreement is hereby amended to read as follows to you pertaining to the SOFTWARE supplied `m
hereunder, after expiration of the one-year warranty d
1 SELECTRON'S TITLE AND LICENSE GRANT The period
SOFTWARE is copyrighted and/or contains proprietary vE
inforination protected by law All SOFTWARE, and all >
copies thereof, are and will remain the sote property of Selectron retains title to [he SOFTWARE and manual Any M
Selectron Selectron hereby grants you a personal, non- breach of the above reAnctions is a violation of copyright in
transferable and non-exclusive right to use, in the United law and writ cause the immediate termination of this license
States, Puerto Rico, and Canada, all SOFTWARE, in rn
whatever form recorded,which is furnished to you under or C Section 3 of the Voice PerimtsTM Software License
in contemplation of this Agreement This
p gr grant is limited to Agreement is hereby amended to read follows �
use on a single workstation at a time Any other use of this X
SOFTWARE or removal of the SOf I'WARE from a country 3. GOVERNING LAW This agreement is governed by the w
in which use is licensed shall automatically terminate this law of the State of Washington W
license >
D Section 4 of the Voice PermitsTM Software License O
You may Use the SOFTWARE on a single workstation(or Agreement is deleted in its entirety
its replacement, Load the SOFTWARE into your computer's y
temporary memory (RAM), Install the SOFTWARE into a II VOICE PERMIT SYSTEM AND INSTALLATION ai
U)
permanent storage device (such as a hard [Fisk drive) and AGREEMENT
make backup copies from that device, connect to the
SOFTWARE via remote access for the purpose of A Section 3 1 of the Voice Permit System and Installation t
E
administering (administrator routines and reporting) the Agreement is hereby amended to read as follows
SOFTWARE, Make one working copy of the SOFTWARE
(if the working copy becomes inoperable, you may make Q
another working copy if the inoperable copy is erased),Make 3 CONNECTION DATE.
copies of manuals provided, Transfer (but not rent, lease, 3 1 The term "Final Acceptance" means the first (1") business
lend, or sublicense) the SOFTWARE and manual if the day after which installation and System Acceptance has been
recipient agrees to the terms of this license and registers with completed System Acceptance occurs when the customer
Scicelron,provided you transfer or destroy all copies made of has had the opportunity to carefully test all functions and
ADDENDUM -Page I of 14
Packet Pg. 10
requirements as defined by the contract and agreed upon call exclusive remedy All expenses incidental to repair,
flows It is the customer's responsibility to supply adequate maintenance or replacement under warranty, including all
staff to ensure full testing is completed in a period not to labor and material,shall be borne by Selectron Replacement
exceed thirty(30) days The warranty period begins on the parts may be new or reconditioned at Selectron's option
date of Final Acceptance If delays in testing prevent System
Acceptance to occur following the completion of the on-site 8 2 Regular maintenance service {non-emergency} during
installation that are not due to Selectron issues thereby the warranty period will be provided without charge to
preventing acceptance to occur within the thirty (30) day Customer during normal business hours (8 00 a in to 5 00
allotted rime,then payment will become immediately due and p in,Pacific time,Monday through Friday,except holidays)
the warranty period begins if delays in testing prevent Final Non-emergency service outside of normal busyness hours will N
Acceptance to occur following the completion of the on-site be provided during the warranty period at Selectron's then
installation that are due to Selectron issues, then the Final current surcharges for such services Emergency service
Acceptance period will be extended one day for each day the during the warranty period (service required due to the
customer is unable to complete Final Acceptance testing System's inability to function) will he provided without Q
charge to Customer seven (7) days a week and twenty-four
B Section 4 of the Voice Permit System and Installation (24)hours a day Service after Selectron's normal business >
Agreement is hereby amended to read as follows hours is dispatched by an answering service O
O
4 CHANGES CANCELLATIONS 8 3 Except for the warranty of title, Selectron makes no v
warranties with respect to the Equipment, either express or m
4 1 Customer may, at any ltrric prior to preplanning the implied,except as provided in this Agreement if any labor, to
System,request changes in,additions to or deletions from the repair or parts replacement is required because of any
System, provided that the requested changes do not, in accident, negligence, misuse, theft, vandalism, Fire,water or 3
Selectron's judgment, significantly the system other peril,or because of conditions outside nFspecifications, +,
Preplanning is that point at which Selectron performs system including, but not limited to, electrical power, temperature, 4)
documentation,work scheduling or orders Equipment After humidity or dust, Or third patty provided parts, material, E
system preplanning is completed, a fifteen percent (15%) software or labor,or by any cause other than normal use,the
restocking fee will be charged for customer requested wairanues and maintenance obligations otherwise providedtM
changes No credit will he allowed for equipment herein shall not apply However, Selectron makes its Q
specifically ordered for this System or for labor and shipping maintenance services available in accordance with the price N
costs already incurred If practicable, in Selectron's schedule shown in Exhibit A and guarantees these prices for c
judgment,Selectrun shall implement the requested change(s) a period of one year after customer's final acceptance of the v
or deletions) prior to installation Date, otherwise, system _J
implementation shall occur after Installation Date E Section 9 of the Voice Permit System and installation
Agreement is hereby amended to read as follows
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4 2 In the event of any change, addition or deletion, the
purchase price shall be adjusted by an amount deternuned in 9 SECURITY INTEREST AND DEFAULT IN ti
accordance with Selectroii's standard pricing practices, PAYMENT Customer hereby grants to Selectron a security v
attached hereto as Exhibit A for changes, additions, and interest in the Equipment Default in payment or p
deletions In the event that any change,addition or deletion performance in any of the obligation imposed upon Customer >
results in any delay in completion of installation, the by the Agreement shall constitute a default and a breach of
Installation Date shall be appropriately extended this Agreement Upon such default, Selectron may declarein
all obligations immediately due and payable and shall have
C Section 7 of the Voice Permit System and installation the remedies of a secured party under the Uniform in
Agreement is hereby amended to read as follows Commercial Code Including the right to repossess the
Equipment Any transfer, assignment, mortgage, or other
7 TRAINING When training is included in the System price, change of ownership of the Equipment by the Customer W
Selectron shall provide all reasonably necessary training as before the Equipment is fully paid for shall constitute a
defined in Exhibit A, but only on services, software or default entitling Selectron to any and all available remedies >
equipment purchased from Selectron A predetermincd Customer agrees to sip UCC-t Financing Statements as
training schedule shall be established After the scheduled requested by Selectron and further agrees that the fees O
required to file the Financing Statements shall be added to the
training period, additional training shall be provided at
Selectron s scheduled rates, which are contained on Exhibit balance due under this Agreement In addition, Selectron aa)
A attached may,until such sum is paid in full (1)Collect interest upon �
the sum then awing at the rate of twelve percent (iZ%)per ,.
D Section 8 of the Voice Permit System and Installation annum from the date of each invoice, (2) Disconnect the d
Agreement is hereby amended to read as follows System or otherwise re»der it inoperable, (3) Cease
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maintaining or installing the Equipment, and (4) Take t
8. WARRANTY AND MAINTENANCE. possession of and remove the Equipment without liability for
damage caused by System removal Q
8 1 Selectron only warrants the Equtpirient, Software and
Services it provides,against defective parts and workmanship F Section 10 of the Voice Permit System and Installation
for a period of one(1) year Upon notification of a defect, Agreement is hereby amended to read as follows
Selectron shall have the option to repair or replace any
defective item and such shall be the Customer's sole and
ADDENDUM -Page 2 of l4
Packet Pg. 11
4.C.a
10 CREDIT INFORMATION Customer agrees to 13 EXCUSED PERFORMANCE Selectron shall not be
provide Selectron with satisfactory credit information deemed to be in default of any provision hereof or be liable
concerning Customer Selectron may refuse to order any for any delay, failure in performance, or interruption of
Equipment or perform any work until satisfactory credit service resulting from strikes, acts of God, civil or military
information is received and approved Customer's refusal to catastrophes,transportation delays,adverse travel conditions,
provide credit information shall be a breach of this or other force majeure conditions beyond its reasonable
Agreement and Selectron shall be entitled to retain control
Customer's down payment
D Section 14 of the IVR Maintenance Agreement is hereby
G Section I 1 of the Voice Permit System and Installation deleted in its entirety m
Agreement is hereby amended to read as follows N
E Section 2 1 of the IVR Maintenance Agreement is hereby t
11 OTHER TERM If any provision of this Agreement amended to read as follows
is held to be illegal, invalid or unenforceable,such shall not Q
invalidate the remaining provisions hereof 21 LIMITATIONS OF WARRANTIES The intent of the
Service Agreement is to provide routine replacement of parts
I l Contractual terms and conditions contained in and equipment subjected to normal wear and tear and
Customer's purchase order(s) (if any) shall be null and void operated according to the manufacture's directions Damage O
except to the extent that such purchase orders are used as to the equipment or software which is caused either by v
transmittal documents for the sole purpose of providing a accident, negligence, abuse, misuse, connection with
reference number for invoicing purposes incompatible equipment,third party caused failures(such as Cl)
power surges), air conditioning or humidity control, is not t
III IVR MAINTENANCE AGREEMENT covered by the terms of this Agreement If Selectron is 3
required to restore service for persons thereof or if Selectron +,
A Page I of the IVR Maintenance Agreement is hereby is requested to provide services outside the scope of this y
amended to read as follows Agreement, such services will be billed at Selectron's E
prevailing rates, which are listed on Exhibit A attached y
Regular telephone support service (non-emergency) during the hereto In no event will Selectron be liable for any damages
maintenance period will be provided without charge to Customer caused by Customer's failure to perform their Q
during normal business hours(8 00 a m to 5 00 p m,Pacific time, responsibilities
Monday through Friday, except holidays) Non-emergency
service outside of normal business hours will be provided during F Section 2 5 of the IVR Maintenance Agreement is hereby U
the maintenance period at Selection's then current surcharges for amended to read as follows n
such services Emergency service during the maintenance period
(service required due to the System's inability to function)will be 2.5 CHARGES. The total annual fee for the maintenance E
provided without charge to Customer seven (7)days a week and service selected by Customer is set forth on page one of the ai
twenty-four (24)hours a day Service after Selection's normal IVR Maintenance Agreement Customer will pay this d
business hours is dispatched by answering service If an amount in one lump sum upon invoice In the event any sum v
emergency exists, Selectron will respond to Customer of money owed by Customer under this Agreement is not 'O
immediately, but never later than the same day and by mutual paid when due and remains unpaid for forty-five (45) days, >
agreement will be on-site by the next day, if necessary If the Selectron may elect to add a service charge of one percent M
Customer is unable to use a portion of Selectron's Software or (I%) per month on the past due amount or terminate this 'v-
Equipment, but is still able to process work for the most part, Agreement
Selectron shall respond within three (3) business days If to
Customer is able to work, but is inconvenienced by the "work- G Section 2 6 of the IVR Maintenance Agreement is hereby
around" process of the problem, or the problem is appearance amended to read as follows
related but does not affect the processing of work, Selectron shall K
respond to the Customer within seven (7) business days 26 TERMS AND TERMINATION This Agreement shall W
Responding to the Customer means that Selectron shall have, remain in effect for one year from the Effective Date listed on >
within the time period described above, contacted the Customer page one In the event any sum of money owed by Customer,
and rectified and/or corrected the problem for any service provided by Selectron, is not paid when due p
and remains unpaid for a period of forty-five (45) days or
B Section I 1 of the IVR Maintenance Agreement is hereby more or if Customer defaults in the performance of any other d
amended to read as follows obligations under this Agreement, Selectron may terminate
this Agreement without notice
11 SERVICE OUTSIDE NORMAL WORKING HOURS c
Customers with non-emergency service outside of H Section 2 7 of the IVR Maintenance Agreement is hereby d
Selectron's normal working hours of 8 00 a m to 5 00 p m, deleted in its entirety t
Pacific time, Monday through Friday, except holidays, will v
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be billed at an hourly rate of one and one-half the current day i Seotton 2 8 of the IVR Maintenance Agreement is hereby Q labor rate with a minimum of two hours deleted in its entirety
C Section 13 of the IVR Maintenance Agreement is hereby IV. DEFINITIONS
amended to read as follows
ADDENDUM -Page 3 of 14
Packet Pg. 12
4.C.a
A Customer Operating Environment. Operating Altering Feinchonahly In the course of updating or
environment means all host computer(s),network, client,and software enhancing the software application, Selectron may alter an
operating systems, database software (1 a Oracle), and any other application's functionality However, Selectron shall not eliminate or
peripheral devices necessary to operate the Customer's system substantially alter any software functionality without the express
written permission of the Customer
B Software Installation. Software installation means the point
in time when all modules of the complete application software package VII TIMELY SERVICE AND CORRECTIONS Selectron
have been delivered as defined in Exhibit A to the Customer's site, shall perform its services in a timely and professional manner by
configured to perform correctly on the Customer's system, put into qualified maintenance technicians familiar with the software and its
opeiallon, and can be executed at the City of Kent by Customer operation N
employees L
VIII DEFECTS CORRECTIONS Throughout implementation t
C Final Acceptance Final Acceptance means the date the and during the terms of all support and maintenance agreements,
system has completed final testing Selectron will have resolved all including all renewal periods, Scleermn will correct all defects to the Q
issues found during the last phase of testing If delays in final testing extent those defects originate from the acts or omissions of Seleetron's
and acceptance occur following the completion of the system products or personnel,provided that the Customer maintains the license >
acceptance that are not due to Selectron Issues, thereby preventing with Selectron r_
acceptance to occur with the thirty (30) day allotted time, then full o
payment will become immediately due IX. WARRANTY.
m
D Update(s) Update(s)means a new,enhanced, Improved,or Title Warranty Selectron warrants that is has full title and
updated verston of the software that Selectron may make generally ownership of the Software Products and other products Selectron
available, from time to time, to licensees who are under maintenance further warrants that is has the full power and authority to grant The
services and that may change the utility, efficiency, or operating license(s) granted by this Agreement to the Customer and that the 3
performance of the licensed software but that does not alter the license to and the use by the Customer of the Software Products and y
software's basic functionality other products in no way constitute an infringement or other violation
of any copyright, trade secret, trademark, patent or other proprietary
E Warranty Period Warranty Period means the one-year time right of any third party
period after final acceptance in which Selectron is responsible for Q
service.,maintenance,and update of the Software Product and Software Merchantability and Fitness Warrarty Selectron represents ai
Documentation through telephone and onsite assistance prior to any and warrants that the Software Product(s),other products and Software r_
Software Support Agreement taking effect Documentation will be merchantable and will be fit for the particular U
purposes established in Seleciron's General Information Binder dated J
V. OPERATING ENVIRONMENT. The license granted September 19, 2001 and Selection's "Interactive Voice Response"
under this agreement autlioriaes Customer to use the Software presentation,dated September 10,2001
Product(s)in the Customer's Operating Environment Selectron will L
provide all identified support levels for the Customer's Operating One-Year EAVress Warranty Selectron warrants that,for a ti
Environment for a minimum of four (4) years from the date the period of one year from the date that the Customer has issued its Final v
Customer issues its Final Acceptance of the Software Product(s),other Acceptance of the Software Product(s), other products and Software p
products and Software Documentation If Selectron discontinues Documentation,the Software Products(s),other products and Software >
support for the Customer's operating environment at any time prior to Documentation will be free from significant programming errors and
the expiration of this four-year penod, Selectron shall provide from defects in workmanship and matenals and shall operate toLO
Customer all assistance necessary to move the Customer to an conformity with the performance capabilities,specifications,functions,
operating environment, of the Customer's choice, that is supported by and other applicable descriptions and standards, specifically including to
Selectron This assistance shall include, at a minimum,installation and all specifications established in the User Manual and elsewhere by
period,Selectron shall also provide the
configuration of the software in the new operating environment, Selectron During this warranty Pe p �
conversion of data from the unsupported operating environment to the Customer the support and maintenance services set forth in the
ai X
new operating environment, and training necessary to operate and Maintenance Agreement After expiration of the warranty period, LU
maintain the system in the new environment Selectron shall provide support and maintenance services for the >
Software pursuant to the terms of that Maintenance Agreement This
VI PRODUCT FUNCTIONALITY, warranty will not be affected by the Customer's modification of the p
Software Product(s), hardware, operating environment or Software
Functionality The Selection's software application shall Documentation so long as Selectron can discharge any warranty ai
provide the following functionality obligations notwithstanding those modifications or so long as Selectron to
a)Functionality documented in Selectron's "Interactive can discharge any warranty obligations following Customer's removal ,
Voice Response" presentation, dated September 10, of its modifications Selectron reserves the right to bill customer for c
2001,and attached as Exhibit C work to validate any Selectron warranties for any customer
b)Functionality documented in Selectron's General modifications that have not had Selectron written approval to evoke t
Information Binder, dated September 19, 2001, v
ca
attached as Exhibit D Virus Warranty Selectron warrants that the Software Q
c)Functionality documented in Selection's software Product(s) or other products do not contain any malicious code,
documentation program, or other internal component(e g,computer virus.computer
d)Functionality documented as part of this contract worm,computer time bomb,or similar component),that could damage,
destroy, or alter any computer program, firmware, or hardware or
which could in any manner,reveal,damage destroy,or alter any data or
ADDENDUM -Page 4 of 14
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4.C.a
other'information accessed through or processed by the Software
Product(s) or other products in any manner Selectron shall XIII. SOURCE CODE ESCROW
immediately advise the Customer, in wnting, upon reasonable
suspicion or actual knowledge that the Software Product(s) or other Escrow Agent Sclecrron, upon written request by customer,agrees to
products may result in the harm described above place current copies of its source code, including all relevant
commentary, explanations and other documentation, as well as
Maintenance Warranty Selectron warrants that it will instructions to compile the source code, plus all revisions to the
maintain the Software Product(s), other products and Software software source code encompassing all corrections, changes,
Documentation, including all updates,so that the Software Product(s), mod i Cleat ipns and enhancements made to the software by Selectron(the
other products and Software Documentation will operate in conformity "Escrowed Material") into an escrow account with an escrow agent, N
with all improvements, additions, or modifications of the software subject to the terms of a software escrow agreement Customer will be
installed at Customer's site or sites for a period of not less than four(4) fiscally responsible for the escrow agreement and the selection of the t
years from the date of Customer's Final Acceptance of all Software escrow company Selectron will update these copies within forty-five
Products,other products and Software Documentation (45) calendar days of each major development change to customer's Q
system '
X INDEMNIFICATION Selectron agrees to defend, >
indemnify and hold harmless the Customer, its officials, officers, Payment to Escrow Agent is the responsibility of the r
employees,agents,and assigns(each of the foregoing hereafter referred Customer Selectron will provide the Escrowed Material as required o
to individually as the"Indemnified Party")from and against any and all herein pnor to the final acceptance date v
third party claims, actions, losses, liabilities,judgments, awards and
costs(including attorney fees and expenses)--other than liability solely Instances of Default The Customer may access the to
the fault of the Indemnified Party--arising out of or in connection with Escrowed Material upon the occurrence of any one of the following r
the negligence of Selectron or its agents and the license(s)to,use by or instances of default
possession by the Customer of the Software Product(s),other products (a) Selectron defaults an any of the terms of its contract 3
or Software Documentation, including, without limitation, the with the Customer, y
infringement or violation of any third party's trade secrets, proprietary (b) Selectron ceases its ongoing business operations, E
information, trademark, copyright, patent right or other proprietary (c) Selectron stops maintenance support of the software m
right Selectron shall defend and settle at its sole expense all suits or module in question, ai
proceedings arising out of the foregoing,provided that Customer gives Q
Selectron prompt notice of any such claim of which it learns No d Selectron falls to N
( )
settlement that prevents the Customer from continuing to use the fashion, Perform the contract to a timely
Software Product(s), other products or Software Documentation as v
provided in this agreement shal I be made without the Customer's prior `f) Selectron suffers any act insolvency, J
written consent in all events, the Customer shall have the right to Selectron Earls to maintain n technical staff capable of
supporting or modifying the software system
participate at its own expense in the defense of any such suit or
proceeding through counsel of its own choosing Right to Obtain Source Code The Customer will give 4)This indemnification is limited to the Software Products, other written notice by certified marl to the Escrow Agent and Selectron of L
products and Software Documentation delivered to the Customer or as the occurrence of any instance of default Selectron will have thirty v
modified by Selectron and does not cover third party claims arising (30)calendar days from the date the notice is sent to cure the default, j
from modifications not authorized by the Licensor This but if the default has not been cured,then the>~scrow Agent shall upon
indemnification shall also survive the expiration or termination of this the thirty-first(31")calendar day deliver to the Customer the Escrowed
agreement Material.,including all.revisions In the event of the occurrence of any M
XI DAMAGES AND LIMITATION ON LIABILITY of the conditions listed in subparagraphs(a)through(f)above,or upon
Selectron's indemnification shall apply to all damages incurred by the the direct request from Selectron, the Customer shall have the r
Customer or thirdunconditional right to immediately obtain and use the Escrowed parties,whether direct,indirect,actual,consequential Material t
or incidental However, Selectron's liability for damages to the K
Customer for any cause whatsoever, regardless of form of action, WXIV ROYALTIES AND PATENTS Selectron shall pay tY
whether in contract, or tort, shall be limited to the value of this royalties and license fees and defend all suits resulting from claims
Agreement as defined in Exhibit A regarding same on all software and materials purchased outright from 1�
XI1 RIGHTS IN DATA Selectron and installed according to the specifications of the Customer r
Customer shall retain rights in the Data stored in the m
XV. SUPPORT AND MAINTENANCE Selectron
Database Structures Notwithstanding the foregoing, Customer grants . will also y
Selectron the right to use the Data for an enter into a Software Maintenance Services agreement with the U)
g y purpose co with Customer that will enable the Software System to perform in
Selection's business relationship with Customer,with the understanding
connected that any release of Customer's Data to other parties must be accordance with this agreement, Exhibit D - Selectron's General d
Information Binder dated September 19,2001 Exhibit C- Selectron's E
preauthorized by the Customer in writing "Interactive Voice Response"presentation,dated September 10,2001, U
Seleclsan will
not permit the disclosure or duphcativn of any and other identified documentation,including exhibits,arnendments or
information received from the Customer or stored on Customer sysiems addenda that may be issued from time to time This agreement will go Q
unless such disclosure Se dctron it is sot u tally authorized in wining into effect at the conclusion of the applicable warranty period For this
promotion,
the Customer Selectron tern not use any advertising, sales purpose,Selectron will be granted access to Customer facilities and to
promotion,or other publicity matters relating to any software furnished
under this agreement in which the Customer's name is mentioned personnel involved with the operation of the Software System
without the prior written consent of the Customer
ADDENDUM -Page 5 of 14
— - Packet Pg. 14
4.C.a
During the term of this maintenance agreement, Selectron competent jurisdiction where the issuance of such restraining order is
will provide, at a minimum, the following Software Maintenance primarily caused by either acts or omissions of Selectron or by acts or
Services omissions of persons or agencies other than Selectron Additionally,
the Customer tray also terminate this agreement in whole or in part if
1 All software system modifications,updates and revision the Customer's information Services Director detcraimes that
2 All fun ctinnal problem resoluttons to the Software Product(s) termination is in the best interests of the Customer
3 All software system improvements
4 All Software documentation modifications, updates and Claims Any claim for damages incurred by either party resulting
revisions from breach of this agreement by the other party shall survive
5 Telephone Support during the hours of 8 00 a m and 5 00 termination The remedies provided herein shall not be deemed N
pm, Pacific Time, Monday through Friday, excluding exclusive but shall be cumulative and shall be in addition to all other r-
national holidays remedies provided by law and equity No delay or omission in the 0
6 On site support, when required because of the severity of a exercise of any remedy herein provided or otherwise available to 3
software problem or for other reasons identified in the Selectron shall impair or affect its right to exercise the same XVIH. Q
agreement INSURANCE
7 All support services listed in the License Agreement,Exhibit >
D-Selectron's General Information Binder dated September Selectron shall procure and maintain for the duration of this agreement r-
19, 2001 and Exhibit C - Selectron's "Interactive Voice insurance of the types and in the amounts described below against O
Response"presentation,dated September 10,2001 claims for injuries to persons or damage to property which may arise v
from or in connection with the performance of the work by Selectron, T
Response times will vary depending Upon the severity of the its agents,representatives,employees,subconsultants,or U)
problem experienced(e g,problems or bugs that materially affect the subcontractors Selectron shall provide a Certificate of Insurance t
functionality of any Software Product may require iminediate onsite cNidencing 3
response, less critical problems may only require telephone response
within a set time period) Selcetron's required response times for Automobile Liability m
identified support(i e, telephone, onsite, or otherwise)will be within Automobile liability insurance(including automobile liability
fixed penods of time,vague response requirements such as"prompt"or insurance)with limits no less than$1,000,000 combined single limit y
"reasonable"will not be accepted per accident for bodily injury and property damage,and Q
XVI. ACTS OF INSOLVENCY. Without waiving any other Commercial General Liability N
Commercial General liability insurance written on an occurrence basis
rights granted to Customer in this agreement, the Customer may ai
terminate this agreement between Selectron and the C'uslamer by with limits no less than$1,000,000 combined single limit per U
occurrence and
written notice if Selectron makes a general assignment for the benefit a the aggregate far personal injury,biddy injury,and N
of creditors, suffers or permits an appointment of a receiver for its pi operty damage Coverage shall include but not 6e limited to blanket =
business assets, becomes subject to any proceeding under any contractual,productslcompleted operalionslbroad form property E
bankruptcy or insolvency law whether domestic or foreign, or has damage,explosion,and employer's liability `m
d
wound up or liquidated its business,voluntarily or otherwise m
v
XVII TERMINATION This agreement and the license granted Excess Liability
hereunder may be terminated by either party if the other party ism Excess Liability insurance with limits not less than$1,000,000 per
default of any provisions of this agreement,so long as the default is not occurrence and aggregate M
corrected within thirty (30) calendar days of the receipt of written
M
notice of the default from the non-defaulting party For the purposes of Deductible
this Section"default"shall include any failure to abide by the terms or Any payment of deductible or self-insured retention shall be the sole r
conditions of this agreement including Exhibit D-Selectron's General responsibility of Selectron
Information Binder dated September 19, 2001 and Exhibit C - t
Selectron's "Interactive Voice Response" presentation, dated Endorsement LU
September 10, 2001, together with any of the instances of default Prior to contract execution,the Customer,its officers,officials,
described under the "Source Code Escrow" provisions of this employees,agents,and volunteers shall be named as an additional >
agreement This written notice must particularly describe the alleged insured on the insurance policy,as respects work performed by or on
default or material breach behalf of Selectron and a copy of the endorsement naming the 0
Customer as additional insured shall be attached to the Certificate of
in the event of termination, Selectron shall be paid for all Insurance Copies of such documents shall be provided to the
work satisfactorily performed until termination, except where the Customer prior to contract execution to
contracting department determines the quality or quantity of the work
performed is unacceptable Such payment shall be that portion of the Coverage
full payment, which is determined by comparing the work/services Selectron's insurance shall contain a clause stating that coverage shall t
completed to the work/services required by the Agreement apply separately to each insured against whom claim is maid or suit is U
brought,except with respects to the limits of the insurers'liability
Termination for Convenience The Customer may terminate Q
this agreement, including all related agreements (e g maintenance Primary
agreements, etc) in whole, or from time to time in part, whenever Selectron's insurance shall be primary insurance as respects the
Selectron is prevented from proceeding with the project work by reason Customer,and the Customer shall be given thirty(30)calendar days
of a preliminary,special,or permanent restraining order from a court of
ADDENDUM -Page b of 14
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4.C.a
prior wntLen notice by cei tified mail return rei.eipt requesLed,of any
cancellation,suspension,or material change in cove)age D Notice. Any notice required or permitted to be made of
given pursuant to this agreement shall be sufficiently made of given on
Failure the date of mailing if sent to the other pasty by cettilied mail, postage
A failure to provide insurance coverage and written acceptance of the prepaid,addressed to the othei party at the address set forth below
tendered policy shall be deemed to constitute a materi al bi each of
contract by Selection The Customer reserves the right to then award Selectron,Inc City of Keiit
the contract to another bidder In order to protect the public interest A to President
and notwithstanding any provision heirem to the contrary,Selectron's 7225 SW Bonita Rd
failui a to comply with any provision in tlue section shall subject the Portland Oregon 97224
contract to immediate tennination without notice and without any (503)639-9988 0
recourse by any person t
XIX REMAINDER OF AGREEMENTS ExeepL to the extent
amended by this First Addendum, all other terms set forth in the Voice Q
XIX. MISCELLANEOUS Permits Software License Agreement, the Voice Perinit System and
Installation Agreement, and the IVR Maintenance Agreement shall >
A Attorneys' Fees Subject to the indemnification and apply and remain in full force and effect In the event of a conflict
limitation of Selectron's liability provisions set forth in this agreement, between or among the terms of this Addendum and any of these other 0
if any action or suit is brought with respect to a matter or matters agreements,the terms stated in this Addendum will prevail v
covered by this agreement, each party shall be responsible for all its
own costs and expenses incident to such proceedings, including IN WITNESS, the parties below have executed this First U)
reasonable attorneys'fees Addendum,and this First Addendum will become effective on the last r
date written below
B Governing Law. The construction and performance of this 3
agreement shall be governed by the Washington State Uniform Selectron,INC y
Commercial Code, Title 62A Revised Code of Washington, and other
laws of the State of Washington without regard to the conflict of laws By -af— 4 m
provisions thereof Selectron hereby consents to the venue,jurisdiction Print Name David I v
and rules of the King County Superior Court, located in the King Its P esid nt Q
County Regional Justice Center in Kent, Washington with respect to Date [ -
any right of action arising under this agreement
U
C Entire Agreement This agreement,together with Exhibit D J
- Selection's General Information Binder dated September 19, 2001 rn
and Exhibit C-Selectron's"Interactive Voice Response"presentation, G O RENT E
dated September 10, 2001, constitutes the entire agreement between 4)
Selectron and Customer and shall not be modified or rescinded except By (L
in writing, signed by both parties In the case of inconsistencies or Print me I sm Wli L
disputes among this agreement, the Exhibit D - Selectron's General Its Ma or 0
Information Binder dated September 19, 2001, and Exhibit C - Dat —
Selectron's "Interactive Voice Response" presentation, dated M
September 10,2001,the following order of precedence shall prevail in APPROVED AS TO FORM ui
descending order of priority
1) This agreement and any written and fully signed rn
amendments thereto
2) Exhibit D - Selectron's General Information Binder Torsi Brubaker,Deputy City Attorney t
dated September 19,2001 and any written amendments K
thereto ATTEST W
tY
3) Exhibit C - Selectron's 'Interactive Voice Response" >
presentation, dated September 10, 2001, and any
authorized written amendments or clarifications thereto '� �' ` o
If any terms or conditions of this agreement are invalid under Brenda Jacobw,City Cle
any applicable statute or rule of law, they are to that extent to be m
deemed omitted and the remaining provisions shall not in any way be ai
affected or impaired to
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Cost Breakdown, E
Payment Schedule, and a
Additional Information Q
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ADDENDUM -Page S of 14 (October 17 2001)
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4.C.a
EXHIBIT A
COST BREAKDOWN
Interactive Voice Response Hardware: $5,150 00
Microsoft Windows 2000
Microsoft Access 2002 Software
Remote Access Software a,
4-port PCI Voice Card
0
Test and configuration of Customer Provided PC
a
Voice PermitsT"Software(4-port user license) $25,400 00 >
Schedule an Inspection o
Cancel an Inspection
Obtain Inspection Results
Post Inspection Results
Speak Site Address 3
Permit Based Messaging
VP Reporter Reporting Module E
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Custom Interface $2,000 00 N
Selectron work to interface with KIVA provided stored procedures
ODBC Connectivity $3,500 00
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Design and Development Included
On-Site Installation and Training Included E
One-year warranty on Selectron-provided hardware and software Included a
From date of System Acceptance
Full System Documentation Included >0
Phone lines and network service required to support the installation Not Included M
Host Interface(KIVA�ortion of interface) Not Included LO
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Total Investment $36,050.00
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ADDENDUM -Page 9 of 14 (October 17 2001)
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4.C.a
EXHIBIT A
PAYMENT SCHEDULE
Selectron's standard payment terms listed below are defined in four steps
25% At time of execution of contracts
25% At final sign-off of Call Flow design N
25% At completion of on-site installation o
25% Upon final acceptance
a
The initial payment and second payment invoiced at completion of contract negotiations and upon receipt of
purchase order and receipt of final call flow enables Selectron to purchase necessary hardware, fund on-site >
expenses and invest the technical support hours to design and develop the customized Interactive Voice o
Response application for your junsdiction
as
The third payment invoiced at the completion of the on-site installation and training phase of the r
implementation, or when the system is available for customer testing at customer site 3
The final payment is due upon Final Acceptance when the customer has had the opportunity to carefully test E
all functions and requirements as defined by the contract and agreed upon call flows It is the customer's 0
responsibility to supply adequate staff to ensure full testing is completed in a period not to exceed thirty (30) Q
days. The warranty period begins on the date of Final Acceptance N
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If delays in testing prevent Final Acceptance to occur following the completion of the on-site installation that
are not due to Selectron issues thereby preventing acceptance to occur within the thirty (30) day allotted time,
then payment will become immediately due and warranty period begins E
a
Selectron would expect payment to occur within thirty (30) days of receipt of invoice or at the completion of
testing,whichever comes last �
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Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information If Sales LO
tax or any other tax becomes applicable, these taxes will then need to be added to the proposed pricing
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ADDENDUM -Page 10 of 14 (October 17,2001)
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4.C.a
EXHIBIT A
ADDITIONAL INFORMATION
Additional Voice Ports Hardware:
4-Port Voice Board and application user licenses $6,000 00
8-Port Voice Board and application user licenses $12,000 00 N
12-Port Voice Board and application user licenses $18,000 00 0
Price includes 12-month parts and labor warranty Q
Time-and-Materials Billing Rates: >_
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Selectron will provide custom programming and non-warranty maintenance customer support on a time-and-
materials basis
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Requested design, programming, testing, documentation, implementation work, and customer support will be 3
done at$125 00 per hour
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Additional Training and On-Site Support:
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If additional on-site training is required, it will be provided either on a time-and-materials basis ($125 00 per N
hour)plus actual expenses or$1,000 00 per day including expenses a
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Travel and Out-of-Pocket Expenses: 4
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All travel and associated expenses for the on-site installation work during the initial setup are included in the a
Base System price If the customer requests additional on-site work, travel and out-of-pocket expenses will be 0
billed at actual cost o
On-Going Support:
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An annual maintenance contract will be available for purchase following the warranty period The contract r
amount will not exceed 10% of the purchase value of the system and may be less if several of the optional
software and hardware modules are purchased w
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Voice Permits Software License Agreement E
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ADDENDUM -Page 12 of 14 (October 17 2001)
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4.C.a
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SELECTRON
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INTERACTIVE VOICE RESPONSE SOFTWARE LICENSE AGREEMENT
YOU NEED TO READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU ACCEPT DELIVERY OF THE
INTERACTIVE VOICE RESPONSE SYSTEM ONCE YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO IT:
TERMS, SELECTRON WILL SHIP YOUR SYSTEM TO YOU BY TAKING RECEIPT OF THE INTERACTIVE VOICE RESPONSE m
SYSTEM, YOU SHOW YOUR ACCEPTANCE OF THE TERMS OF THIS LICENSE AGREEMENT THE AGREEMENT IS IN t
EFFECT FROM THE DAY THE INTERACTIVE VOICE RESPONSE SYSTEM ARRIVES ON-SITE O
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LIMITED USE SOFTWARE LICENSE AGREEMENT a
The terms and conditions of this Agreement will apply to the SOFTWARE supplied herewith and derivatives obtained therefrom, including an)
copy The term SOFTWARE includes programs and related documentation supplied herewith >
If you have executed a separate Software Agreement covering the SOFTWARE supplied herewith, such Software Agreement will govern 0
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1 SELECTRON'S TITLE AND LICENSE GRANT
The SOFTWARE is copyrighted and/or contains proprietary information protected by law All SOFTWARE, and all copies thereof, are and will repair
the sole property of Selectron Selectron hereby grants you a personal, non-transferable and non-exclusive right to use, in the United States, Puertc t
Rico, and Canada, all SOFTWARE, in whatever form recorded, which is furnished to you under or in Contemplation of this Agreement This grans +r
is limited to use on a single processor at a time Any other use of this SOFTWARE or removal of the SOFTWARE from a country in which use 3
is licensed shall automatically terminate this license +.
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You may Use the SOFTWARE on a single terminal or a single workstation of a computer (or its replacement), Load the SOFTWARE into your m
computer's temporary memory (RAM), Install the SOFTWARE into a permanent storage device (such as a hard disk drive) and make backup copies E
from that device, Make one working copy of the SOFTWARE (if the working copy becomes inoperable, you may make another working copy if the m
inoperable copy is erased), Transfer (but not rent, lease, lend, or sublicense) the SOFTWARE and manual if the recipient agrees to the terms of tin
this license and registers with Selectron, provided you transfer or destroy all copies made of the SOFTWARE You may not Make copies of the Q
SOFTWARE or manual, except as permitted above, Install the SOFTWARE in such a way that it can be used on more than one work-stabon or N
terminal at a time without purchasing a separate license for each workstation or terminal, Modify, decompile, dissemble, or reverse-engineer the r=
SOFTWARE v
You agree to obtain prior Selectron approval for multi-processor usage J
in
You agree to use your best efforts to see that any user of the SOFTWARE licensed hereunder complies with the terms and conditions of the _
License Agreement and refrains from taking any steps such as reverse assemble or reverse compilation, to derive a source code equivalent of the E
SOFTWARE a)
2 LIMITED WARRANTY m
A Selectron warrants that the SOFTWARE will be in good working order for a period of one (1) year v
O
B Selectron has used reasonable efforts to minimize defects or errors in the SOFTWARE HOWEVER, YOU ASSUME THE RISK OF ANY AND ALL >
DAMAGE OR LOSS FROM USE, OR INABILITY TO USE THE SOFTWARE
M
C Unless a separate agreement for SOFTWARE maintenance Is entered into between you and Selectron, Selectron bears no responsibility for supplying rn
assistance for fixing or for communicating known errors to you pertaining to the SOFTWARE supplied hereunder
D YOU UNDERSTAND THAT SELECTRON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED AND SPECIFICALLY DISCLAIMS ANY r
WARRANTY OF MERCHANTABILITY OR FITNESS FOR NEW APPLICATION DEVELOPMENT DONE TO SELECTRONI'S SOURCE CODE BY
UNAUTHORIZED INDIVIDUALS
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E Selectron will not be liable for consequential (indirect) damages ansing from the operar,on of Selectron SOFTWARE products This warranty gives LU
you specific legal rights, and you may also have other rights which may vary from state to state w
Selectron retains title to the SOFTWARE and manual Any breach of the above restrictions is a violation of copyright law and will cause the immediate C
termination of this license The prevailing party in any action brought in connection with an alleged breach of the above restrictions shall be awarded O
reasonable attorney's fees and court costs r
3 GOVERNING LAW
m
This agreement is governed by the law of the Slate of Oregon y
4 EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITIES rn
You agree that your sole remedy against Selectron for loss or damage caused by any defect or failure in the software regardless of the
form of action, whether in contract, tort, including negligence, strict liability or otherwise• shall be the repair of Selectron furnished software m
This shall be exclusive of all other remedies against Selectron E
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ACCEPTED BY ACCEPTED BY-
SELECTRON, 7225 SW Bonita Road a
Portland, OR 97224
BY BY- David Fay - 3D p�
i;_U h nz n ehal013tomer)
PRINT NAME !M l 1-re.
TITLE. 09 2 DATE. TITLE: Vice President IVR Services DATE. I PL b
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EXHIBIT C 3
Selectron's"Interactive Voice Response"Presentation E
dated September 10, 2001
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ADDENDUM -Page 13 of 14 (October 17,2001)
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SELECT RON SELECTRONN
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Interactive Voice Response
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Presentation
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City of Kent., Washington a
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Presented by :
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David Fay Sean Kelly
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Vice President Account Executive U)
Selectron IVR Services
September 10, 2001
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4.C.a
SEIECTRQN
4WSELECTRON
City of Kent's Top IVR Needs
■ An lVR system that ensures that information entered by a customer is valid For example the i
IVR system could require telephone information that is always 10 digits. 0
Response: In the schedule routine the caller enters the permit number they wish a
to schedule an Inspection for. The IVR system then validates the
number and responds to confirm a site address. Once the address is >
confirmed the system determines If any validation needs to occur that o
could prevent the inspection from happening. If the inspection cannot W
be scheduled based upon pre-determined business rules, the system
will prompt to either return to live staff or continue with another in
permit number. If the inspection can be scheduled based upon the
same business rules the system will prompt for an inspection date 3
(next-day or future-day) and provide the caller with a confirmation
number for future reference. E
In the cancellation routine, after the caller has identified the permit
number and gone through the verification process they have the a
option to either cancel (an already scheduled inspection) or to
advance the inspection one business day. This is helpful when
circumstances arise that require the contractor to cancel the D
inspection, but by being able to advance it one day the contractor
does not have to recall the system and schedule an Inspection for the E
next day. This provides a much more friendly system to the a
contractors and reduces the number of calls needed to complete the
transaction.
When a caller requests to schedule or cancel an inspection, the
system validates whether or not the cut-off time has been passed for LO
the given inspection. The cut-off time is a local variable in an Access
table that can be changed by the administrative staff without any r
interaction by Selectron technical staff.There is a defined cut-off time
for both the schedule and cancel function. w
An IVR system that prevents customer errors For example, the lVR system could read back >
the information entered and require confirmation from the customer before continuing
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Response: After the caller has input information such as a permit number,the IVR
system can speak back this information to the caller and ask for
verification that the caller entered the correct permit number. In U)
addition, the following is a list of common validations that the c
standard system will provide:
• Check for a valid permit in the system
■ Check to see if a permit is issued
• Check for any status holds a
• Check to see if the inspection code matches the permit type
• Check to see if It has already been scheduled
■ Check to see if It has already been approved
• Check expiration date on permit
September 10, 2001 City of Kent, Washington Pagel
Confrdenbal and Propnefary to Se/eckon
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4.C.a
SEIECTRON
44M`SELECTRON
Specialized validations can be created that may be unique for a
particular jurisdiction, depending upon the interface to the KIVA
database. However,the above list covers the standard validations.
• An IVR system that allows customers to work with multiple inspections for multiple permits, o
quickly and easily with only one telephone call
Response: The IVR system is designed to enable callers to access a variety of a
routines, primarily through menu options and other decision points, w
during the same call. Once the caller makes a request, the system —
evokes that software routine enabling the functions supported by the o
request.This functionality is a part of our standard system offering.
• An IVR System that allows customers to schedule inspections for a certain date Cn
Response: Selectron's IVR can be programmed to support a wide range of r
inspection times. Exact time, AM/PM, next day and future day 3
scheduling can all be supported. It does require that your permit
software-scheduling component support all the time elements you are
requesting since IVR does not store any of this information locally.
The City of Kent will design in the call flow the methodology for time Q
and day scheduling. It is necessary to define business rules for future N
scheduling such as the maximum allowable advance business days.
When an inspection is being requested, the system will validate that
the requested time or day is an acceptable (excludes holidays and
weekends).A special table will be contained on the IVR system,which
contains a list of the City of Kent's holidays. This will allow a
validations to be done on the local IVR database and will speed caller
throughput. The City of Kent will be trained to maintain this table as o
one of the administrative routines.This feature can be programmed to
be active for only certain inspection types or inspection codes or can
be active for all inspections. Most of our clients do not provide for M
Inspections to be scheduled at a certain time.
■ An IVR System that provides inspectors complete control over inspection scheduling,
cancellations, results, and corrections. For example, an inspector must be able to use the x
lVR system (without additional human interaction) to place flags on permits so that no further w
inspections can be scheduled until after the flags are cleared >
Response: Selectron has multiple points where validations will occur. Payment of o
fees is one area in the scheduling process where validations are made
to abide by the rules defined by the City of Kent. For example, if the
City of Kent determines that a re-inspection cannot be scheduled until U)
appropriate fees are paid, then upon a customer call, the IVR system a
will query the database and determine If these fees are paid. If they E
are not, a message will be played to inform the customer of the
unpaid status and that the inspection cannot be scheduled. The IVR
will then allow the customer to either request to be transferred to live a
staff or to be returned to the menu options enabling other scheduling
and permit processing activities to occur. If Selectron's optional
Credit Card Payment module is purchased, the caller may also be
September 10, 2001 City of Kent, Washington Page 2
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4.C.a
SEIECTRaN
VW SCLECTRON
given the opportunity to pay the appropriate fees through the IVR
system.
Selectron has been able to provide a wide range of validations during N
the scheduling process. Most of the validation rules are managed o
within the interface as they have been previously defined as business
rules. This information is then passed to the IVR system and the caller a
is notified of the inability to complete the request. The IVR system is
also capable of providing City of Kent unique validations that may not >
be handled in the KIVA system. All of these conditions are determined o
at the time of system design. W
An IVR System that provides our customers the ability to readily communicate with our
budding department For example, customers must be able to reach a building department Cn
representative and also be able to send voice mail to budding department personnel via IVR 3
(using our existing voice mail system).
Response: Selectron engineers have designed the Interactive Voice Response E
software to enable callers to easily exit out of the IVR system and
transfer to live staff. At all primary menu options the ability to transfer a
is noted by instructing the caller to dial zero (standard voice option)
for the transfer. At most prompt and entry points in the call flow
where the caller is being asked to make a decision or enter numeric
values, the pound (#) key allows the caller to back up a step or to be J
transferred to a primary menu option where the zero key will transfer
out to live staff. The system is very friendly and is designed to help E
customers obtain live assistance whenever they have questions. a
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Selectron provides various options for transferring out of the system, o
backing up to the preceding menu, and disconnecting the call >
completely are detailed. The IVR system can be programmed to M
recognize time-of-day and-day-of-week. If a caller requests a transfer M
to staff during non-staffed hours, the City of Kent can define where
that customer should be transferred (a voice mail box contained on
the IVR system, an information message that explains staff hours, or a
designated voice mail box on the In-house voice mail system). Any of w
these alternatives are available and will be determined and W
incorporated into the City of Kent's customized system at the time of
the call flow design process. o
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Jurisdictions who have an existing voice mail system can use the
optional Staff Directory module in the IVR system to direct callers to
the staff members voice mailboxes. This is a menu option that
requests the caller either to input an extension number if known, or
spells outs a portion of the desired staff's name. With the Staff E
Directory module, the system can enable the caller to be transferred
to the staff's telephone extension, voice mail box, or the caller can be a
prompted to enter a call-back number and the IVR system will page
1 the staff member and display the call back number.
September 10, 2001 City of Kent, Washington Page 3
Conlldenhal and Propnetary to 5aWorron
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5EI ECTRON
4WSELECTRON
• An IVR System that provides customers with enough information to prevent errors For
example, when information is read back to the customer for confirmation of the permit
number, the prompt must include the permit name (or project) to prevent confusion.
Response: At different points in call flows the IVR system can speak back o
information the caller and ask for verification that the caller entered
the correct information. One feature of the base system is that It is a
designed to speak back the site address immediately following the
confirmation of an entered permit number. This Is done to assist the >
caller In validating that they have input the correct permit number. o
• An IVR system that will remind customers that they are attempting to schedule inspections out
of order, but still allow them to do so.
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Response: The system will play a warning message to the caller, alerting them r
they are attempting to schedule an inspection out of order. However, 3
the system will then allow the caller to continue in the scheduling
process. E
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• An IVR system that has text to voice capabilities to make it easier to set up and maintain the
IVR system a
Response: Information played back to a caller's request can be accomplished In N
several ways. Most responses to the caller are played back using a
pre-recorded voice. Another method of playing back information is to
use a synthesized voice (Text-to-Speech). This feature is not part of
Selectron's standard base system. E
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Since the play back is programmatically controlled, applications can a
mix both pre-recorded and text-to-speech voice in the same routine.
An example could be to use pre-recorded voice to play back system
prompts, numbers, and dates and to use text to speech to play back a
business name. This could all be done in a consistent play back
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routine and not be distractive to the caller receiving the information.
• An IVR system that is appropnate for its intended use, easy to use, easy to program, reliable,
flexible, and expandable
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Response: Selection's IVR team is focused on providing solutions for Building & >
Planning Departments. With nearly 1 DO completed installations that are consistent with your specifications, we have become not only IVR o
developers, but also experts in Permit and Inspection processing. Our
user base relies on us not only as system providers, but also as
system consultants, designing the best possible solutions for their U)
jurisdiction.
Selectron is totally committed to an "open architecture" approach in E
order to provide you, the user, with an immediate and proven IVR
solution while also enabling you to cost-effectively keep up with a
technological developments. Because we are not using a single
"proprietary" development platform, you are not held hostage to your
selected vendor If you want to take over the management of your
development processes. Selectron's open architecture provides you
September 10, 2001 City of Kent, Washington Page 4
Confidential and Propnetary to Selectron
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4.C.a
5ELECTRON
INWSELECTRON
with more power for fewer dollars plus the flexibility to effectively
manage your environment as changes occur.
In addition, Selectron's IVR system is designed to be able to expand N
to a maximum of forty-eight (48) ports (simultaneous users). The o
system Is designed to add voice ports easily. Our typical installations
Include 4, 8, and 12 port configurations. It should be noted that based Q
upon the application, it will be easy to have more that one system
providing the same application with multiple host connections, >_
making virtually an unlimited number of ports possible. o
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One of Selectron's strongest assets is the strength of our installed
user base. We have provided a full list of city and county installations
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for you to contact. Selectron is very proud of the quality of our
installations and our post installation support.We are a company who 3
is easy to do business with and who has a reputation for exceeding
the expectation of our customers not only at the time of installation,
but for the years that follow. Talk to our users to hear for yourself the
reasons why Selectron is your best choice for this application.
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EXHIBIT D has been intentionally omitted. It is LO
available in the City Clerk's Office.
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September 10, 2001 City of Kent, Washington Page 5
Contidenbal and Propnetery to Selectron
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4.C.a
EXHIBIT 2:
Voice Permits License Addendum with Selectron (2004)
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4.C.a
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KENT Document
WASXINOTON
CONTRACT COVER SHEET N
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This Is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City a
Clerks Office.
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Vendor Name: .hc-4 ron �a-r-InnQj�c Vendor Number:_ 591,1�{
JD Edwards Number
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Contract Number_ ETO'( [ �G-003 3
This is assigned by Mary Simmons
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Description: a
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Detail:
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Project Name: 141 V A a
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Contract Effective Date: 4.-1 - O 4 Termination Date:_ 3-
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Contract Renewal Notice(Days):
Number of days required notice for termination or ren wal or amendment
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Contract Manager: Department:
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Abstract:
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4.C.a
Addendum to Voice Permits Software License Agreement; Voice Permits
System and Installation Agreement; and NR Maintenance Agreement
This is an Addendum to the VoicePermits Software License Agreement;Voice Permits System
and Installation Agreement;and IVR Maintenance Agreement,which was executed on December
10,2001. Except as specifically modified by this Addendum,all terms and conditions of these
agreements shall remain In full force and effect. Acceptance of this Addendum is noted on the N
final page of the Addendum by each parry's authorized representative. z
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The following Sections of Selectron Technologies current Support and Maintenance Agreement
shall be incorporated into the Agreement by way of this Addendum. >
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Term:
The Term of this Agreement shall commence on April 1,2004 and shall end on March 31, 2005. 0
The Term of this Agreement may be renewed for successive terms of one year if the following °'
occurs:
+ Selectron will provide the Customer with an invoice 30 or more days before the expiration
of the term. 3
• When payment is made prior to the expiration of the current term the contract renews.
■ When payment is made after the expiration of the current term,the contract renews and E
no change to the term Is made. a
• When no payment is made or when Customer provides written notice of termination after a
receipt of the invoice and before the expiration of the current term,the contract expires.
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Support $ervlces: Company shall provide customer support for technical problems that occur
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when using the Products. This Agreement does not include support of the following items:
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a) Altered or modified Software not performed or authorized by Company.
b) Errors caused the Customer's negligence, or other causes beyond Company's reasonable E
control. (L
c) Version Upgrades of Thlyd Party Software not provided or supported by Company. 0
d) Enhancements or modifications to current versions performed at the Customer's request and
not intended to resolve a product.failure.
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Company Software Developers will directly handle the Customer Issues outlined in the following M
levels of support.
Support and Maintenance(amends Agreement executed December 10,2001):
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The fee for Premier Support includes: w
a. Telephone Support for Installation and general use questions during normal business >
hours(6:00 a.m.to 5:00 p.m.PST, Monday through Friday).
b. Use of Company's Toll Free Number c
c. On-Line technical diagnostic support
d. Software correction upgrades
e. On-Site support as required by mutual agreement �
f. Updates to documentation as required to represent the instailed software
g. 1 business day relief goal
h. 24 Hours, 7 days per week, 365 days per year support for emergency (system down or
inoperable)calls 2
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Fees:The Customer shall prepay Company an annual fee of$4,155 for the support services as
set forth. Year over year maintenance support costs will not increase more than 5%,with the
exception of increases to reflect additional functionality purchased.
Page 1 of 3
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Company will provide custom programming and non-warranty maintenance customer support on
a time-and-materials basis.
Requested design,programming,testing,documentation,implementation work,and customer
support approved by Selectron and Customer will be performed at$150.00 per hour.Company
will issue a quote and scope of work to the customer. A purchase order must be issued before N
work can be scheduled or begin. o
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The current hourly rate is subject to change with Selectron providing thirty(30)days notice to Q
Customer.The current hourly rate will also not increase more than 25%of$150.00 over the next
24 months from date of this Addendum. >
If the customer requests additional on-site work, travel and out-of-pocket expenses that are not o
covered by support and maintenance the work will be billed at$1,500.00 per day(minimum of 2
days)with at least 15-day notice. If 8-14 days advance notice Is provided the rate increases to 0
$2,000.00 per day and if the notice Is less than 7 days the rate increases to$2,500.00 per day. cn
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If changes are made to a travel schedule after plans are confirmed,the Customer is responsible 3
for any change fees or price changes Incurred for airfare,hotel or car rental. }
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Products
Workstation: Q
Microsoft Windows 2000 y
Microsoft Access 2002 Software
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Remote Access Software
4-port PCI Voice Card J
Test and configuration of Customer Provided PC
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Voice Permits"'Software: a
Schedule an Inspection
Cancel an inspection o
Obtain Inspection Results >
Post Inspection Results r>
Inspection Failure Codes M
Speak Site Address --
Permit Based Messaging r
VP Reporter Reporting Module
4-Port User License x
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Custom Interface >
ODBC Connectivity c
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Customer Support Contacts. Please provide the necessary information for the two main points of a
contact that Selectron may have with the City. 0
Company Name: C; t TY Q� lAsA sH i r TarJ w
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Address: 2--'2 O LA T A.W.F.. &I t LF�-
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City: flent State:MZip: q Ba32 a
Contact: L,4 n 0Email i we ati ul I t Telephone: z 5 3 1?_56-:i
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Page 2 of 3
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4.C.a
Contact: Email h h"k (I Telephone: Z 5 3 IT5 6-511405
Company; Seiecti n Technologies,Mc. Customer. City of Kent,Washington
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By: ToddA J hn n By: I-
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Signed: _ Signed: —M;�
Title: Title �
Bate: 3 Zb Date: >
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EXHIBIT 3:
Service Renewal (2023)
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4.C.a
Selectron Service Renewal
.. TECHNOLOGIES , INC
Date Renewal#
12323 SW 66th Avenue 1/26/2023 4791
Portland, OR 97223
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Bill To:
City of Kent Q
Attn.City of Kent IT
220 4th Avenue South >
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Kent,WA 98032 0
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Renew Before
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3/15/2023 y
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Description Rate Amount m
Renewal for VoicePermits Q
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04/01/2023-03/31/2024 PremierPro Support Services for IVR System 10,565.00 10,565.00T w
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A/R Contact -Sara Engel (503)597-3304 Subtotal
sengel@Selectron.com $10,565.00 Q
Sales Tax (10.1%) $1,067.07
Remit Payment To: Selectron Technologies, Inc.
12323 SW 66th Avenue Total
$11,632.07
Portland, OR 97223
Packet Pg. 36