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2021/02/04 Crossroads Software, Inc. Agreement for Consultant Services16498.00001\34390531.2 -1- AGREEMENT FOR CONSULTANT SERVICES This Agreement for Consultant Services (this “Agreement”), is entered into by and between the City of Menifee, a California municipal corporation (hereinafter referred to as "City"), for the City’s Police Department located at 29844 Haun Road, Menifee, CA 92586, and Crossroads Software, Inc., a California corporation, (hereinafter referred to as "Consultant"). The City and Consultant are at times referred to individually as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, City desires to obtain the services of a private consultant to provide a Handheld Traffic and Parking Citation System; and WHEREAS, Consultant is a Computer Software consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, this Agreement sets forth the terms and conditions upon which Consultant will provide a Handheld Parking Citation System to City. ARTICLES NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree as follows: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Scope of Work" attached hereto and made a part hereof (“Services”). 2. Compensation and Reimbursement. City shall compensate Consultant a fee up to $47,600.00 for the Services. Consultant shall submit invoices no more frequently than monthly. Invoices shall include a summary of work performed for the period being billed, percentage of work completed for each task, and overall percentage of work completed for Services as identified in the Scope of Work. All work completed under this Agreement must be invoiced no later than December 31, 2022. Total compensation for the Services shall be paid as set forth in Exhibit “B” entitled “Cost Proposal” attached hereto and made a part hereof. 3. Term of Agreement. This Agreement shall be effective on February 4, 2021 and ending January 31, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. Please note that the City may renew the contract in the amount up to $49,999 including the initial term VI. compensation amount. Once the agreement compensation in aggregate has exceeded $49,999, additional amendments renewals will require City Council approval. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 15-day written notice to Consultant. During said 15-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of Services, or the failure to perform DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -2- Services as directed by City. Termination for cause shall be affected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the Services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part t hereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the Services. The foregoing obligation of this Paragraph 6, however, shall not apply to any part of the information that (I) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that t hird party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the Services or the existence of the subject matter of this Agreement without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. In the event of termination of this Agreement, Consultant agrees that it shall return any c onfidential information which was provided by City, in the event such information is in a format that makes it feasible to return same to City or destroy such material if not returnable. 6. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 7. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 8. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee 9. Conflict of Interest and Political Reform Act Obligations . During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests’ conflict in any way with those of the City. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -3- Consultant shall comply with all of the reporting requirements of the Political Reform Act and local ordinance. Specifically, Consultant shall file Statements of Economic Interest with the City Clerk of the City in a timely manner on forms which Consultant shall obtain from the City Clerk. 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City. City shall have the right to control Consultant only insofar as the results of Consultant's Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such Services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, perm its, qualifications, and approvals of whatever nature that is legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. (A). Policies: Consultant shall obtain and maintain during the entire term of this Agreement the following insurance policies from companies authorized to issue insurance in the State of California: (i). Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, bodily injury, and blanket contractual liability with the following coverage’s: General Liability : $1,000,000 per person per occurrence; $2,000,000 annual aggregate combined; $1,000,000 property damage or bodily injury per occurrence Cross-liability exclusions prohibited (ii). Automobile Liability, including owned, hired, and non-owned vehicles with the following insurance coverage’s: Auto Liability: DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -4- $1,000,000 per person per occurrence; $1,000,000 annual aggregate combined; $1,000,000 property damage or bodily injury per occu rrence Cross-liability exclusions prohibited (iii). Workers' Compensation insurance in amounts in accordance with statutory requirements. (iv). Cyber Liability insurance with limits of $1,000,000 per occurrence, providing protection against liability for: (1) privacy breaches (including liability arising from the loss or disclosure of confidential information no matter how it occurs); (2) system breach; (3) denial or loss of service; (4) i ntroduction, implantation, or spread of malicious software code; and (5) unauthorized access to or use of computer systems. Cyber liability insurance shall not include any exclusion or restriction for unencrypted portable devices or other media. Cyber liability insurance policies shall not be canceled, 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. (B). Endorsements: Endorsements shall be obtained so that each policy contains the following provisions: (i) Additional Insured. For the Comprehensive General Liability policy, City, its officials, officers, employees, agents, and volunteers shall be additional insureds wi th regard to liability and defense of suits or claims arising out of the performance of the Agreement. (ii) Notice. "Said policy shall not terminate, nor shall it be canceled or reduced in coverage, without thirty (30) days’ written notice to the City." (iii) Primary Coverage. "The policy provides primary coverage to the City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by the City." 15. Insurance Certificates: Consultant shall provide City with certificates of insurance and accompanying endorsements showing the insurance coverages described in Section 14 above, in a form and content approved by the City, prior to City’s execution of this Agreement. See Exhibit “C” entitled “Consultant’s Insurance Certification”. 16. Liability. Notwithstanding any other provision contained in this Agreement, Consultant shall be responsible for all injuries to persons and for all damage to real or personal property of City or others, to the extent caused by or resulting from the wrongful act or negligent acts, errors, or omissions of itself, its employees, or its agents during the progress of, or in connection with, the rendition of Services hereunder. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend (with counsel of City’s choosing) the City and its elected and appointed officials, officers, agents, and employees from all costs and claims for damages to real or personal property, or personal injury to any third party, including reasonable attorney fees resulting from the performance of the Services by Consultant, its employees, or its agents, under this Agreement. 17. Consultant Not an Agent. DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -5- Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested Services. The City shall have the right to review and disapprove personnel for assignment to City projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. All notices, billings and payments which are required or permitted to be made hereunder shall be in writing and shall be sent by personal delivery; first -class mail, return receipt requested; overnight or express mail service; or facsimile. Notices shall be deemed to have been received: upon del ivery if personally delivered; seventy-two (72) hours after deposit in the U.S. Mail; on the day of transmission via facsimile unless sent after business hours and in that event, on the next business day. Notices may be sent to the following addresses: City: City of Menifee Attn: Maritsa Ramirez Address: 28644 Haun Road City State Zip: Menifee, CA 92586 Phone: (951) 672-6777 Fax: (951) 679-2568 Consultant: Crossroads Software, Inc. 201 W. Birch Street Suite #207 Brea, CA 92821 Attn: Jeff Cullen or Kelly Child (714) 990-6433 Facsimile: (714) 990-5628 20. Conflict Resolution. In the event of a dispute between City and Consultant concerning the terms of this Agreement or its performance, the Parties agree to submit such dispute to arbitration before the American Arbitration Association or other mutually acceptable arbitrator. In the event that the subject of such arbitration is compensation claimed by Consultant in the event of termination, Co nsultant's damages shall be limited to compensation for the 15-day period for which Consultant would have been entitled to receive compensation if terminated without cause. In the event of arbitration, each Party shall bear its own attorneys' fees and costs incurred. 21. Gender. DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -6- Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing Services hereunder. 22. Exhibits. All Exhibits referenced in this Agreement, and each of them, are incorporated into this document as though set forth in full at this point. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the Services to be performed by Consultant. 24. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreemen t will be construed as not containing that term, and the remainder of this Agreement will remain in full force and effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the Parties’ intent under this Agreement. 25. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of San Bernardino, California. 26. Modifications. This Agreement may not be amended or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both Parties. 27. Waivers. No waiver of a breach, default, or duty under this Agreement will be effectiv e unless it is in writing and signed by the Party waiving the breach, default, or duty. Waiver of a breach, default, or duty under this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach, default, or duty under this Agreement. 28. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument. 29. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -7- SIGNATURE PAGE TO AGREEMENT FOR CONSULTANT SERVICES WE EACH FREELY AND VOLUNTARILY AGREE TO ALL FO THE ABOVE TERMS. City: Crossroads Software, Inc.: Date:_________________ Date: _________________ _____________________ _____________________ By: __________________ By: __________________ Its: __________________ Its: __________________ Attest: Attest: Date_________________ Date_________________ _____________________ _____________________ By: __________________ By: __________________ Its: __________________ Its: __________________ Approved as to Form: Date_________________ _____________________ By: __________________ Its: __________________ DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6 Crossroads Software, Inc. Jeff Cullen 4/25/2022 4/25/2022 Assistant Treasurer CEO Crossroads Software, Inc. Kelly Kalberg DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0 City of Menifee DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 Jeffrey Melching 5/10/2022 City Attorney Jeffrey T. Melching, City Attorney Armando G. Villa City Manager 5/10/2022 City of Menifee Deputy City Clerk City of Menifee 5/10/2022 Stephanie Roseen 16498.00001\34390531.2 -8- EXHIBIT “A” Scope of Work Scope of Services Crossroads Software, Inc. for a Traffic and Parking Citation System for the City of Menifee DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -9- 1.1 Project Overview The scope of this Scope of Work is to set out the milestones, deliverables, and responsibilities required to provide to the City with a fully operational automated Traffic Citation Writing System The software shall meet all current State of California legislative mandates related to traffic citations and California Court Systems electronic filings and data integration standards as well as being upgradeable to meet future mandates within the timeframe allowed by the governing bodies. 1.2 Project Deliverables Consultant will supply the following and they will provide the most recent version of software at the time of delivery. Figure 1: Project Deliverables Crossroads Software Inc. Project Deliverables Description Quantity Citation Software for Handheld Citation Software for Desktop 1 site license 1 site license Ticket Processor Transmission Software Court Transmission Software 1 site license 1 site license Installation Training 2 sessions Annual Support and Maintenance 3 years; first year included with license fees Consultant will provide a complete Traffic and Parking Citation Writing System to the City. This system will include software for electronic citations that offers efficient input of violation and violator data among other information; bar code reading; and have a modular design to allow for future upgrades and modification. Consultant will enable software with the ability to export citation data to the Agency’s ticket processing vendor. 1.3 Software License Provisions 1.3.1 Crossroads Software, Inc. Consultant hereby grants to the Agency one (1) site license for traffic citation software, one (1) site license for parking citation software, one (1) parking citation export module, and one (1) court transmission software license. The LICENSED SOFTWARE allows the City to use the software on multiple computers located in a single office or department within a contiguous site, or multiple DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -10- offices, departments and sites. The LICENSED SOFTWARE entitles the City to one copy of the software in machine-readable form for backup purposes only. 1.3.2 Term of the License This license is effective until terminated. The City may terminate this license at any time by destroying the LICENSED SOFTWARE and related documentation and all copies thereof. If the City fails to comply with any provisions of the LICENSED SOFTWARE AGR EEMENT (Exhibit D), Consultant must give thirty days’ notice to the City that they have failed to comply with any provisions of the LICENSED SOFTWARE AGREEMENT. Upon termination of the LICENSED SOFTWARE AGREEMENT the non-compliant LICENSEE must destroy the software and related documentation and all copies thereof. 1.4 Project Management and Implementation Services The City’s project manager shall be responsible for review, analysis, and acceptance of Crossroad Software, Inc.’s performance and the coordination of project personnel, equipment, vehicles and facilities and may issue all consents, approvals, directives and agreement on behalf of the City called for by this agreement except as otherwise ex pressly provided. Kelly Child is the project manager for the Consultant. She will be directly responsible for the administration and technical direction of Consultant’s project activities to include project management, installation, implementation, support services, software development and system setup. Consultant will have access to communicate with the City project manager to coordinate the execution of the project. 1.4.1 Responsibilities of the Agency The specific duties of the City in the implementation of the System are: 1.4.1.1 Provide the Consultant with access to the City for installation. 1.4.1.2 Provide citation documents and sample forms. 1.4.1.3 Provide court information such as name, addresses, schedules, etc. 1.4.1.4 Establish a workstation with a VPN or ‘GoToMeeting’ connection, with network access to the data server. 1.4.1.5 Review and approve screen layouts and forms. 1.4.1.6 Review, evaluate and field test each installed module prior to acceptance . DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -11- 1.4.1.7 Facilitate the implementation of the interface with San Bernardino County Superior Court’s database systems. 1.4.1.8 Provide a training platform. 1.4.2 Responsibilities of Consultant The responsibilities of the project manager will include acting as a primary contact for departmental personnel, scheduling for installation and tr aining, overseeing installation and training, troubleshooting, and any other functions requiring implementing the Consultant’s software at the participating agency sites. The specific duties of the Consultant in the implementation of the System are: 1.4.2.1 Create citation forms customized to the department 1.4.2.1.1 Develop and test citation sync module 1.4.2.1.2 Create and install citation software. 1.4.2.1.3 Provide training. 1.4.2.2 Contact the parking citation processing vendor and receive the compatible exchange file format for transferring data from the Crossroads Software system to the data processing vendor’s database management systems. 1.4.2.2.1 Develop and test exchange file and data transfer from Citation module exported to the court’s database systems. 1.4.2.2.2 Provide data interface training and documentation 1.4.2.3 Contact California Superior Court – San Bernardino County court database vendors and receive the compatible exchange file format for transferring data from the Crossroads Software system to the court database management systems. 1.4.2.3.1 Develop and test exchange file and data transfer from Citation module exported to the court’s database systems. 1.4.2.3.2 Provide data interface training and documentation DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -12- 1.4.2.3 Conduct one (1) training for the traffic citation module and one (1) training for the parking citation module. 1.4.3 Change Orders Either party may request changes to the Scope of Work at any time. Since a change could affect price, schedule or other terms, the project managers must mutually agree in writing to approve each change before amending this Scope of Work. When Crossroads Software, Inc.’s price or completion schedule is affected, the contract shall be amended accordingly in writing with a CHANGE ORDER and incorporated into the Scope of Work. 1.4.4 Resolution of Disputes The City and Consultant will exercise their best efforts to promptly negotiate and settle any controversy or claim arising out of or in connection with the AGREEMENT. The parties agree to first to meet in a timely manner in order to reach a resolution. In the event th at any dispute cannot be so settled, it shall be settled by arbitration administered by the American Arbitration Association. The decision in writing of the Arbitrator appointed by the American Arbitration Association shall not be binding on the parties. 1.4.5 System Acceptance System acceptance will occur in the following phases after training and functional system tests: • Certification of citation system. • Certification of output of a citation data exchange file from the Crossroads Software system for input into the ticket processing vendor’s management system • Final Total System Acceptance Each functional attribute of the software, including system software , operating system, utilities, interfaces, system administration procedures will be tested. The Consultant will verify that all transactions with external systems are performing as specified. Within fourteen (14) days after completion of functional systems testing, the Consultant shall provide a written report to document completion of the test and to indicate test results, problems, solutions and a schedule to implement such solutions. 1.4.5.1 Functional Testing – Citation Software After installing each system software module and performing appropriate diagnostic tests, Crossroads Software, Inc., will certify to the City that the system is functioning correctly. The City will request specific demonstrations of the system readiness. F unctional testing by the end users will start after the users have been trained and the software is in a live DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -13- environment. The testing period will be fourteen (14) days for each software module. Functional testing will include field-testing, syncing, in-field printing, and printing at the desktop. 1.4.5.2 Functional Testing – Data Interface to Ticket Processing Vendor The Consultant will create an export file for the parking citation data integration with the ticket processing vendor. Upon completion of the citation data integration with the citation processing vendor’s system, performing appropriate tests, the Consultant will certify to the City that the data integration to the court is comple ted. The citation processing vendor project personnel will test the interface for fourteen (14) days to determine if the traffic records are being exported and delivered as defined. 1.4.5.3 Final System Performance Testing The Consultant and City will then perform final system performance testing. Consultant will perform a functionality test that will ensure the functional operation of the software, the units, printers, and other equipment and the syncing and data transfer interfaces. Upon completion of the final total system testing, the consultant will certify that the SYSTEM has passed the final system test criteria. Final system test criteria include: • Functionality System Test (software, hardware, and interfaces). • Reliability Test (system “uptime”). • Performance Test (data input, searches, report generation, response time). The Consultant shall provide written certification to the City’s project manager that the installation, training, and testing phase of the contract has been fully completed and all requirements have been met. 1.5 Warranty, Maintenance, and System Support 1.5.1 Software Maintenance Plan and System Support Consultant will provide the City and participating agencies receiving the LICENSED SOFTWARE technical support, maintenance and upgrades on an ongoing basis. Standard technical support consists of telephone, email and online support from 08:00 A.M. to 5:00 P.M PST, Monday through Friday. 1.6 Training The following training is provided by Consultant as part of the purchase of the SYSTEM. DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -14- 1.6.1 Citations & Syncing – End User Training Consultant will provide the City with two hours of training. This session will deal with the use of units and the writing of citations. 1.6.2 System Maintenance and Administration Training Consultant will provide administration and system maintenance training to a designated group of system support staff assigned to the project at City. DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -15- EXHIBIT “B” Cost Proposals DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -16- DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -17- DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -18- EXHIBIT “C” Consultant’s Insurance Certification [ATTACHED ON FOLLOWING PAGE 19] DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4 16498.00001\34390531.2 -19- DocuSign Envelope ID: D3298D0B-9D53-49C5-B222-18F23B39E4B6DocuSign Envelope ID: AECB3B72-EA72-42A5-BCF6-04431DC025C0DocuSign Envelope ID: 104AB59F-5641-4FBE-9269-B942EFD5B9A4