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CC - Item 4I - Consideration of Proposal From HDL Companies to Provide Business Licence S E M F -- 1), 16V ..1,�, staqp0rt TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER 4)461._ DATE: APRIL 1, 1997 RE: CONSIDERATION OF PROPOSAL FROM HDL COMPANIES TO PROVIDE BUSINESS LICENSE SOFTWARE AND SERVICES In November 1996, Flair Data Services, which had provided business license services to the City, closed their operations. In response, the City requested the attached proposal and agreement from our sales tax consultant, The HDL Companies. Flair Data Services was providing the service for an annual fee of$1,400. The Business License Clerk would input the data and send it via a computer modem to Flair Data who would generate the printed licenses. The HDL proposal would bring the program in-house and allow staff to generate reports which were not possible with the previous system. For example, the new software will allow us to list businesses by type and address. Since the new system requires a Window's operating system, the Business License Clerk will need a new computer with enough memory to operate the software. The cost of a new computer should not exceed $3,000. The HDL proposal includes the business license software, installation, training and first year software maintenance for $5,000. Thereafter, the annual maintenance fee will be $2,000. RECOMMENDATION: It is recommended that the City Council approve the attached agreement, authorize the computer purchase of a replacement computer and appropriate $8,000 from Appropriated Reserves. COUNCIL. AGENDA klo:wp60\buslicag.doc APR 0-8 1997 • ITEM No. 0:- ee":-/-- Proposal for Business License System City of Rosemead . . TABLE OF CONTENTS LETTER OF TRANSMITTAL 1 r.:.: A. DESCRIPTION OF THE BUSINESS LICENSE SOFTWARE 3 B. SCOPE OF SERVICES 6 C. COMPENSATION 9 • D. FIRM HISTORY AND KEY PERSONNEL 11 E. SAMPLE BUSINESS LICENSE COMPUTER SCREENS 14 - The HdL Companies 2 . . • ' Proposal for Business License System City of Rosemead A. DESCRIPTION OF HdL's BUSINESS LICENSE SOFTWARE HdL's business license tax software program for auditing and managing business k.. licenses was developed by using five cities as beta sites. The cities are Azusa, Baldwin Park, Livermore, Pleasanton and Taft. This program will be integrated with HdL's sales tax and property tax data sets if the City is a client for those services. It is designed to run in a stand-alone or network environment.. Business license data can also be accessed through HdL's integrated revenue interface software if the City is a client for that service. • After installation on the City's computer, either stand-alone or on a network, the program is ready for the City to use in the processing and tracking of business licenses. The objectives of the program are as follows: 1. Audit and enforcement c - The business license software will allow the City of Rosemead to enforce its business license ordinance, making sure that every person/organization doing business in the City is licensed. It will also provide a system that will assist the City in assuring that businesses are operating within proper zones and that they have received the appropriate approvals and permits to operate. Approvals are frequently required from fire, police and health departments and in certain instance from state agencies. On an ongoing basis, the program will assist the City in identifying unlicensed businesses, including home occupations, non-profit companies that own "for profit" businesses and businesses within a business. The HdL Companies 3 Proposal for Business License System City of Rosemead 2. Maintenance and processing The software will allow the City to maintain and track all types of licensing functions, including annual licensed and those which may be issued on a daily, ••• monthly, quarterly or semi-annual basis. It will process licenses for businesses based on any number of factors including gross receipts, number of employees, number of coin-operated• devices, and number of vehicles. Because it is a "table driven" system, it can accommodate the unique rate structures of individual cities. The software will allow easy data entry of the information contained in business license applications. Based on business type and rate tables, it will calculate fees and print licenses. The program will track unrenewed licenses and print renewal notices at the end of the license period which contain computer generated fee calculation instructions based on business type. Delinquent notices will be generated, including the calculation of late fees and • penalties. The program will create a journal entry for entering payments into the City's accounting records. The program will maintain business license history for active and closed businesses. The amount of history to be stored will be determined by the City and is dependent on the available free space on the City's computer. It contains data fields for other needed business information such as emergency contact, name of alarm company or security service used by the business, SIC . codes, and number of rooms or building capacity. City users will be able to query the data set in a variety of ways: by license number, business name, owner name, address, telephone number, vehicle • license number and key word. Ad hoc queries are friendly and easy to use. The HdL Companies 4 Proposal for Business License System • City of Rosemead The City will be able to track licenses by business types and by City determined geographic areas. F.'. The program provides for user defined levels of security and confidentiality. •. A variety of reports are available, in standard format and on an ad hoc basis, including reports by business name, address, and type, and mailing labels. :. 3. Management Information The business license system will provide a wealth of information to the City including such items as the daytime population of the City, the location of hazardous materials, and the current business mix which can assist many departments of the City with economic development, traffic circulation and crime analysis. The same geo codes used for sales tax and property tax can be used for business licenses. r: '• 4. Compliance with mandated Franchise Tax reporting requirements Cities are required by Section 19556 of the Revenue and Taxation Code to furnish specific information about businesses to the Franchise Tax Board on an annual basis. HdL's business license program will allow the City to comply with this state mandate. HdL's software will generate the business information in the format needed to comply with the reporting requirements of the Franchise Tax Board. • The HdL Companies 5 ' Proposal for Business License System City of Rosemead B. SCOPE OF SERVICES Discussion of the software program. The software program has as its primary objectives: 4.:.:. • Audit and enforcement • Maintenance and processing of applications and licenses • Management information • Compliance with mandated Franchise Tax Board reporting requirements Discussion of the task. • The City of Rosemead issues approximately 500 business licenses annually. It is • very important from both a financial point of view and an economic development point of view to monitor the business licensing activities in the City. HdL's business license software will allow City staff to be effective in the tracking of licenses to generate economic development information and to audit, enforce and collect the business license revenues due to the City. HdL has the technology, methodology and trained staff needed to assist the City with the business license function. The company proposes to provide the necessary software and services for the City to identify unlicensed businesses, incorrectly licensed businesses and under-reporting businesses. HdL's services include using its proprietary data sets to cross check Rosemead business license data and the installation of a business license data set on the City's designated pc(s), either stand-alone or on a network. Cities are required by Section 19556 of the Revenue and Taxation Code to furnish specific information about businesses to the Franchise Tax Board on an annual basis. HdL's business license software will allow the City to comply with this state mandate. The HdL Companies 6 r,. • Proposal for Business License System City of Rosemead • Work plan. The methodology that HdL intends to follow includes: Task I Establishment of City Data Set Task II Identification of Unlicensed or Incorrectly Licensed Businesses Task III Installation of Data Set on City Computer(s) Task IV Software maintenance and customer support • Task I - Establishment of City Data Set HdL will convert the City's existing business license data to the HdL business license program files. A series of tables will be constructed in the program including business types, rate tables and SIC codes. If the City files contain historical data, they will also be inserted into the data set. Geographical codes will be assigned, consistent with those used in the sales tax and property tax systems. Task H - Identification of Unlicensed or Incorrectly Licensed Businesses The business license data set will be verified using HdL proprietary programs, such as the sales tax and property tax programs, plus a variety of cross-directories including telephone directories and state-wide professional organizations. This computer analysis will identify unlicensed or incorrectly licensed businesses. HdL will notify the City so that the businesses may be tracked until compliance with the City's license ordinance has been achieved. The HdL Companies 7 Proposal for Business License System City of Rosemead Task III - Installation of Data Set in City The data set will be delivered to the City with the software and up-to-date business license data for installation on the City's Computer. Training in the use I:•. of the system will be provided, as will manuals. Task IV - Software Maintenance and Customer Support HdL will provide ongoing software upgrades and updated data from HdL's proprietary data sets and cross-directories to assist the City in its audit work. r• . HdL's standard maintenance and customer support includes telephone support as �- needed by the City and up to twelve hours of onsite support annually. Timeline. Timeline for implementation of the business license software system is approximately twelve weeks from the date of approval of the contract. . The HdL Companies 8 Proposal for Business License System City of Rosemead C. COMPENSATION First year fee. HdL proposes an initial first year software license fee of$5,000. This fee will include the conversion of the City's existing business license files if the current business license data information can be provided in standard ( delimited format on magnetic tape or diskette. If this is not possible, there may be an additional charge for manually converting the data. Manual conversion will be done on a time and material basis. Annual maintenance and customer support fee. There is no charge for the first year maintenance and customer support. The annual maintenance fee shall begin at the second year and shall be as follows: Standalone installation $ 2,000 One user • Network installation $ 2,000 For the first user Plus $ 800 Each additional user Maximum $ 5,000 kAnnual maintenance fees will be increased each year in an amount equal to the increase in the most recently published Consumer Price Index for the surrounding • • statistical metropolitan area all urban customers. Customizing services. The business license software is a "table driven" system and has been developed to meet almost all of the needs of a City with regard to the management, processing and reporting of business licenses. However, should the need occur, HdL is available to provide customer enhancements to the business license software on a pre-determined time and materials basis. The HdL Companies 9 Proposal for Business License System City of Rosemead SB 90 reimbursement. Certain costs associated with the Business License Software may be eligible for reimbursement under the provisions of SB 90. HdL will assist the City and/or its consultant in the preparation of the SB 90 claim. • • • The HdL Companies 10 Proposal for Business License System City of Rosemead D. FIRM HISTORY AND KEY PERSONNEL :: FIRM HISTORY .• Hinderliter, de Llamas and Associates (HdL) was founded in 1983 and developed • California's first computerized sales tax management program. It was also • : responsible for securing the legislation that allows independent verification of state allocations. In 1990, HdL Coren and Cone was established to provide • property and documentary transfer tax services. Together, the companies serve 193 California agencies including 25 of the state's largest counties. Their audit and consulting services include sales tax, property tax, documentary transfer tax, utility user/franchise fees, business licensing and transient occupancy tax. The companies have generated over $135 million in new monies for client agencies to I ' date. Backed by special computer analysis and field investigations, HdL's positive relationships with taxpayers, the State Board of Equalization, county assessors, county tax collectors and utility companies assure the accurate and timely recovery of misallocated revenues. Equally important, HdL provides ongoing analytical support that details tax revenues and trends by category, individual tax generator and by specified geographic or project areas. HdL's familiarity with the specialized needs of local government allow it to provide information and support on a wide range of issues including business retention programs, developer negotiations, economic L. strategies, bond analyses, annexations, revenue sharing agreements, and general revenue collection. HdL advises its clients about proposed changes in laws and regulations relating to sales and use tax,property tax and other revenues. The HdL Companies 11 Proposal for Business License System City of Rosemead Client agencies are provided with computer data sets for sales tax, property tax and business licenses that may be integrated with building permit information and {{ mapping data. ff KEY PERSONNEL r.-: Robert Hinderliter is the founder of the company and assists client agencies with management data and support. He founded the firm in 1983 and developed the first comprehensive and systematic approach to sales tax management analysis in California. He was responsible for obtaining state legislation that allows outside firms to review sales tax data on behalf of local agencies, has extensive background in working with the State Board of Equalization on sales tax questions, and developed the first computerized sales tax data program devoted exclusively to analyzing California sales tax allocations. Mr. Hinderliter earned his MPA at the California State University at Fullerton in 1970. He previously served as City Administrator and Finance Director of the City of Commerce. He has extensive experience in the utilization of sales tax management analysis to plan and monitor economic and redevelopment programs. Lloyd de Llamas provides clients with management data and support. He first established a program of analyzing sales tax information for management purposes in 1972. He has been with the firm of Hinderliter, de Llamas and Associates since 1987. He has worked closely with the State Board of Equalization in establishing processes and procedures to help facilitate correction of errors on behalf of client agencies and has supervised or performed over 100 City and county sales tax audits. • The HdL Companies 12 Proposal for Business License System • City of Rosemead Mr. de Llamas has a Bachelor of Science in Business Management from California State University at San Diego in 1963. He has previously served as City Manager of Monterey Park, Lawndale and Woodlake. He was a founding • director of the California Redevelopment Association. Nancy Hicks assists Finance Department with using the sales tax and property tax data sets for other revenue collection purposes. She oversees the company's other -• tax audit programs, including franchise fees, utility users tax and transient occupancy tax audits and is responsible for development of the business license program. She also oversees the data operations for the company. She joined HdL after twenty-two years of public finance service. Ms. Hicks previously served as Director of Finance for the cities of Lakewood and Bellflower and is a past president of the Municipal Finance Officers and the League of California Cities Fiscal Officers Department. She was Chair of the Fiscal Officers Committee of the Southern California Joint Powers Insurance Authority. She received a Bachelors degree in Public Administration from Pepperdine University. Ir. The HdL Companies 13 • Proposal for Business License System • City of Rosemead E. SAMPLE BUSINESS LICENSE COMPUTER SCREENS The following screen contains basic information about the business at the top half • of the screen and a summary of information about the business on the lower half of the screen. 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''4- • � _ L•ta�`E�sYLu-.�k`-z<`xa"�� Fi�'Y3�$'�T�"P^i "!.�` � "`1.1"FL{_ of 'TycensE-I�',srxe � `ll[9196.. -�`-_ naT. lSnaual '' '” E3 ws-�#.•S1 '�T L iv�f�.Y`S�, !-+�..4+' S .-'k l- hi-•YMa�s.' ��� ����' I eEsylu � 213195 ' Nev AppicatIan� a.t L : rai • s'73990115-�Caenerap4Sto ILSs •ix ••,' ; 'a �3g r ?w'� r"' w+.lr�r:t' " k sem' 6•. - 331.02-O ar1e res limited Erri_ceRetail -- .. ,5J773002024 47lD848154 1pSXOHA17.792242 , ,S 202925 u.gid s The following screen contains basic information about the business at the top half of the screen and information about the owners and/or corporate officers of the business on the lower half of the screen. ‘ cis ry SI IFFmr BriDfaconLStores7tavBd+�yx �S.ikee r .x 1'ii Avel ,-Ar,g,de,., ty sG is C11.9266690i11�� r�.F _ �fflifl,12Z of Awa i ox001 w ¢' 1k-i6T �r D. .-yd' 1WWJ1I 6'� . ex rs i`nr; ins '--`-_ .'c��9 .,! x M'awaiiMi ea o 5* 0-0003 rf usErt?a ' ors p�`{ICo�° °r V-x=- M'at "F3�A'7{'R�i i� < - Arid 13 . 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Dep J pPrauils Appl r BUildfng � 1fj00J96�� � ar z;'°•--..' -,..:- ,+r,1 r.-ram ,P,--0>r'- 'x� '''yY, -S bmr'- £., • ;• Zanilb�a 7 a 1or�`,TCOMMERCIAL Planning$7_, +'at ,- -..96y:?,;„t m p 1.,t`r --4 ePLa rt+-1, rF i "..li "s4-`14 � ee- .'is-vT-��tY47 Lt -3 GPak vt<a a }f� 5 iealth Pa ` H09 `� -‘...,,_,.,,,,,,,,..,__,..„,,,.„,„,,,r,,,,,,,,,,,::. �. - ` -�rs'' ' ar-a h l'--, -*'1447,5.5.- A.,- v�(3.- y - 'rl we- .-t • �.•'` �•�..S� "' "'hi, _ ie a" ..i �sF tea Y �' tY�S` y The HdL Companies i 6 Proposal for Business License System City of Rosemead r= The following screen contains a "notes" field for the entry of data about a business i__ which the City may which to record about various conditions and circumstances not otherwise provided for in the system. o t r .. r, HdLBusiness License' #f "� -.L:7i,-•,4--,,:s 4 m. • 'i _; 5r '`- .3igili ails t, torte ` �6V tali v e`'tilln -zr .i . • S ;'.-i t. � �.2-A rr��ra(((///c0-.. ,- y,. ' 3�Toi-r .��(9(p3*E[1®q.61 ry "; ' C R f-R.--,,,R- =t = otha k� UQ4iW,—Ay' `a F✓f`-r e 2 J� a��.�KrZ'J �r,,.-{?.-{ E i [� f� d.�•q Li3Yl`®lf *:z._`."6. t-�- S'_f ipj g'- •yy.�' i �� �Y � �'.�F�5���4Ai.��i-��c`A ^f�0! S ^��`1Y•N ��f�"�.v�E. fXfime. lUl pVI1-0D z � 1 i' 5 y et' - I P ?UIPxgl iPbratl0lf rz'a 'P 3 `ata 4. RetalG ` ,i.` ,14,4.-..1., tom gg i . . .e.-g',,,,s z,....0,,%-,,w. u"hr . 3N n,,,,0: r -,-4--.'"---"=-., te'- -,fes € t - This company sells men,women and children's clothing,jewelry, t r ',.•:. ? z hardware,tools,appliances and home furnishings. Their gross receipts E.' t- continue to grow each year! This retail company generates great revenue €!` EC for our City! k F . ,; f ti l._.. P �.••><a-- ..mss.-r,.�- ,�.+*....,-r=.h-Nr,.__,a.<.. z --�. .� Lower Screen Court Case Information L . r HHdL Business License t- • ' k - • I s',.,;r,- , �a_�..�-�>;,—,, v .�..• -7- tit} �' .. 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The log can not be edited by ( anyone and as a result provides an audit trail of events and the initials of the users responsible. 17. _ ter} sjs 8 {F'tn`^s '� '�-�-'vf'ts�u. 7`2}c� ''-s- a ' t' iz`r-r_. + € ' 7 ® .f4'�'--fz '�' gal l -- T 1Wejelt moi'. ' 'i'=-NE9§g°Discoo MS Sore A � „}za+ nse x931 6 I 3 � � "a 3fi-'am' Am 2c6o6-6w Do0f 0A 1 LikA Lt- P0iB6ac000YeAt4M34 f�r��is 2 �Z�9 tt1 a s. S Y(d�AytgJ/.l��556 3 2_2.. - { k� g"tCreap�-- M5540 0rw- 4 Le•w t.:- 1.. �r- �i ro *E .tx-°� "Ere.Y .;.„ a v. `x..,'.5. 3 • e l ie gKacj potation at E ,Retail-. , 7 . `` ' i Wit . 4 F 1K4.;� � Lo{%t `._''1I.�2i I- 3. "':..-:. 11[19196 HDL Add�. Payment 4,719.00 Rept 001 1 ?k £ : ti '' E g f • _ 1 d The HdL Companies 18 ' Proposal for Business License System City of Rosemead 7. Filter and status settings for printing and sorting records by certain criteria specified. • -- ', s,��x f ' 4;s {f+.{i �,,, `,.� p- g .i' " .a�+-' f,,,-.1.3. 1 r:. r t r' t x a+.s.-�.+.f�. 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' .r-, ya-a{5" °'� ".,».x-.: '`�t i,�,+ moi--_" - a; � t Use•Disptag iske zFur Punting x 5i 7.-..•,'''lreview , .' '.,y -.i `75 A tis =v3;. Yt.r? _--i--- - _z ct •^`3• ti- e_ et Q nn Fi era r"#n Y• X611.-C7 ¶ �`- -367 of 588 R eCords t • The HdL Companies /9 Proposal for Business License System City of Rosemead Adding to rate/fee table and editing rate type screens. 4, es .j' ,1 s"�=" :HdLBudiries"uense:.,., r -.„.1r ..•.41 � * 'fr "v� ' '�! `sxti- 7f r gikAM :7i +tt , h n:1A-Tl Sa 4tGF10SS RECEIP S TABLES 4,,, Lt q•Business W/0 Gross Recei t.,* i, ` F,:, ftp ;ly �'a $0 Gross Recei is Commercial Businesses Y*; tr:S w $ q Contractors-General .� ,1 i Contractors-Other r*,A 't ."J_. Craig • Craig 2 s' ,µ Z? Downtown Impry Dist r�E7 ,rs-7iti •cf. <Downtown Impry Dist-Exemp s.,.s i`i'i _ i;-.. Downtown Imply Dist-No Gro 5� z r d Exempt-Non-Profit Organizati LiHICTO z r a Exempt2 ,, �� 1 Grocery&Convenient Stores - •? 3 - • "4. ,. 'Si Home Occupation � s Landlord-Commercial _ F.`g �.}��; .k s {Landlord-Commercial&Rest ▪ -- Landlord-Residential EOrrilokpiliki 0 No Rates sfY Property Management =;Gears t y" ; Realtor 'y. •- a_ f-Dorrc - 4 L4tr• 1 ea EditRateTypes , k Edit Adm I• li Del ;1 w - '4. �a r arm .;s s-ink `• } �„--'� ata` Fii,7,41 cF � %f r u EDIT RATE TYPES t, < ` k-� a - . ten.•. 3'3-r i' a'x "71'?,, 3.�E" a te ,.�c. _-• �' <e --.�•° F MWi _Z. x <Name-- JRetail Xr '`�"f�" 'sa :.. - t�- Add z y�Abbr"eYiaho• n,,vi IRET2t ..d--,,,r,,,..-..,.-. ---.-.- ,- • off Rename �M Code r :r ii>_ _ ., -r - �t ,�.. 1234 i`r . " t'"' Exempt-Non-Profit Organization t•= -1 `' € ▪; Exempt2 't-F '' 3 Grocery&Convenient Stores u •A Home Occupation t :.kms , ,� Landlord-Commercial t 4`h - -' Landlord-Commercial&Residential `r„•,,,i_..:sz f .,-: Landlord-Residential - ; -axs • No Ratesit a z� _ nt Property Management Pl DKc Realtor " "'°r`x.` i' Cancel! i _ r.:':,.. ,va:?-. . -: ..�.-z.......-a._-..... , : --- :-ri.: o ' I- ---. ,_— - _-__. - y c: � 1 x'- ' -i, ADD TO RATE/FEE TABLE IUu : ,r Rates=-, • i l r f= , �' •? i 1 • .tom- 4A4T; y P +▪ .-:',:t,-, 17; t ; z. j 14,47,', S'J From r.. To •-Fee .rs r._ ,.:Typo ��-.�.Plus.:" _ Per.:. _ •,Over �-. : • I I I LJI I I ._ ' . I I II-JE-1 I -i..- _.- 'IIS— :: :=• _•.::::;: Lr1I 1--I :-1; OK Cancel The HdL Companies 20 Sent: 04/02/97 11:19:16 AM From:THE-HDL-COMPANI ES Page 2 • AGREEMENT FOR BUSINESS LICENSE SERVICES This agreement is made and entered into as of the day of April, 1997, by and between the City of Rosemead, a municipal corporation, hereinafter referred to as City, and HdL Software,LLC, a California corporation, hereinafter referred to as HdL. A. BUSINESS LICENSE SOFTWARE. HdL shall provide the City with an easy to operate, menu driven Business License Software System which includes the following capabilities: 1. Maintenance and processing. a. The software will store, print and process all business license records, including annual licenses and those which may be issued on a daily, monthly, quarterly or semi-annual basis. It will process licenses for businesses based on any number of City determined factors including, but not limited to, gross receipts, number of employees, coin-operated devices, and number of vehicles. b. The software will allow easy data entry of the information contained in business license applications. Based on business type and rate tables, it will calculate fees and print licenses. It will track unrenewed licenses and print renewal notices at the end of the license period, which contain specific calculation instructions based on business type and rate type. Delinquent notices will be generated, which include the calculation of late fees and penalties. The system will generate a journal entry for entering business license payments into the accounting records. c. The software provides a tracking system to insure that businesses have received the appropriate approvals and permits from various city departments. Sent: 04102/97 11:19:16 AM From:THE-HDL-COMPANIES Page 3 d. The software contains data fields for the entry of other business related information such as emergency contact name and address, alarm company or patrol company information, SIC codes, and room or building capacity. e. The system will maintain business license history for active and closed businesses including prior fees, receipts and business characteristics. The amount of history to be stored will be determined by the City and is dependent on the available free space on the City's computer. f. Users will be able to make inquiry into the data set in a variety of ways, by license number, business name, owner name, address, telephone number, vehicle license number and key word. 2. Additional audit features. HdL intends to enhance the business license software with the ability to cross check against other data sets available through HdL, such as sales tax and property tax, telephone directories and membership directories of state organizations. This will assist the City in detecting unlicensed businesses and/or incorrectly licensed businesses. These additional features will be added as developed at no additional cost. 3. Reports. A variety of reports are available, in standard fonnat and on an ad hoc basis, including, but not limited to, reports by business name, address, or type, mailing labels and the mandated reports to the Franchise Tax Board on magnetic media. The system will also permit the export/import of data for use on laptop computers by field inspectors. The software will allow the generation of a variety of management reports, for example by geographic area, SIC code and/or amount of business license revenue paid. 4. Security. The system allows for user defined levels of security and confidentiality • through the use of passwords. Agreement fur Business Licenses Services Page#2 Sent: 04/62/97.,11:19:16 AM Front THE-HDL-COMPANIES Page 4 • 5. ..Ongoing software upgrades are provided as part of the annual maintenance fcc. B. MANAGEMENT SUPPORT • HdL is available to assist the City in evaluating current policies and procedures to enhance the audit, collection and enforcement of the City's business license taxes. Examples may include the redesign offorms and/or reports, and strategies for improving communication with the business community as well as other City departments that are involved in the business license process. C. CONVERSION AND IMPLEMENTATION 1. HdL will convert the City's existing business license data to HdL program files. HdL will build the tables for the City (rate tables, business type tables, SIC code tables, etc.) (If rates or business types change in the future, or new ones are created, the tables are maintainable by the City.) The City agrees to provide current business license data information in machine readable format. If this is not possible, there may be an additional charge for manually converting the data. The work will be done on a time and material basis in consultation with the City. 2. The new data set created during this process will be verified and audited for inconsistencies between existing data and the rate tables and business type tables using HdL's computerized systems. Audit exceptions will be provided to the City for follow up. 3. The new data set and software will be installed on the City's designated standalone computer or computer network. If the City uses HdL sales and property tax programs, these programs will be integrated with the business license system. 4. Training will be provided for the business license staff at the time of installation. A four hour training session is anticipated. Trained HdL staff will be available for any Agreement for Business Licenses Services Page#3 Sent: 04)02197 11:19:16 AM From:THE-HDL-COMPANIES Page 5 follow up needed either by telephone or in person as part of our ongoing maintenance and support. 5. User manuals will be provided. D. HARDWARE REQUIREMENTS The business license software will be installed on hardware supplied by the City. The HdL business license software is a Windows application requiring Microsoft Windows 3.1 or higher. 1. A PC compatible 486DX2 or Pentium system is required, with 8 MB of memory and a VGA monitor. The amount of free space required on the hard drive is dependent on the number of licenses and the extent of the history maintained, but will range typically from 15MB to 30MB for a city the size of Rosemead. 2. In a network environment, the server must be a dedicated server. The software will operate with all currently existing network software. 3. The software is designed to work with a basic laser printer or higher. E. ACCEPTANCE OF THE SOFTWARE The scheduled date of acceptance of the software by the City is the when all data has been converted, all tables have been built, and licenses, renewals and reports can be generated. The acceptance date will become the anniversary date of the Agreement. F. SOFTWARE MAINTENANCE AND CUSTOMER SUPPORT HdL will provide ongoing software upgrades and updated data from HdL's proprietary data sets and cross-directories to assist the City in its audit work. HdL's standard maintenance and customer support includes telephone support as needed by the City and up to twelve hours of onsite support annually. Agreement for Business Licenses Services Page#4 Sent: 04/02/97 11:19:16 AM From:THE-HDL-COMPANIES Page 6 The first, year maintenance and support is provided at no cost. There is an annual maintenance fee beginning the second year. See Paragraph I "Compensation" for the fee schedule. G. CUSTOMIZATION • The business license software is a "table driven" system and has been developed to meet almost all of the needs of a City with regard to the management, processing and reporting of business licenses. However, should the need occur, HdL is available to provide custom enhancements on a time and material basis. No work shall be performed by HdL without the prior approval of the City. See Paragraph I "Compensation" for the fee schedule. H. SOFTWARE LICENSE 1. License. I-ldL hereby provides a license to the City to use HdL's Business License Software. The software shall only be used by the City. The City shall not sublet, duplicate, or modify said software. The software shall be returned to HdL at the time the license expires, which is the last day of the last year for which the annual maintenance fcc has been paid by the City to HdL. The license granted hereunder shall not imply ownership by City of said software, rights of the City to sell said software, or rights to use said software for the benefits of others. This license is not transferable. 2. City data. HdL acknowledges that the business license data is the property of the City. At the termination of this Agreement, the business license data will be available to the City in machine readable format. 3. Proprietary information. As used herein, the term "proprietary information" means any information which relates to I-IdL's computer or data processing programs: data processing applications, routines, subroutines, techniques or systems, or business processes. City shall hold in confidence and shall not disclose to any other party any HdL proprietary information in connection with this Agreement or otherwise learned Agreement for Business Licenses Services Page#5 Sent: 04/72/97 11:19:16 AM From:THE-HDL-COMPANIES Page 7 • or obtained.by the City in connection with this Agreement. The obligations imposed by this.Paragraph shall survive any expiration or termination of this Agreement. The terms of this section shall not apply to any information which is public information. COMPENSATION 1. Software license fee. The one time software license fee shall be $5,000. 50% of this amount shall be due and payable within thirty days of the effective date of this Agreement and the remaining 50% within thirty days of the date of acceptance of the software by the City as set forth in Paragraph E. 2. Annual maintenance and customer support fee. There is no charge for the first year maintenance and customer support. The annual maintenance fee shall begin at the second year and shall be as follows: Standalone: $ 2,000 for 1 user Network: $ 2,000 for the 1st user Plus $ 800 each additional user Maximum of $ 5,000 The fee will be increased each year in an amount equal to the increase in the most recently published Consumer Price Index for the surrounding statistical metropolitan area, all urban consumers. The maintenance fee will be invoiced each year by HdL and shall be due and payable within thirty days of the date of the invoice. 3. Customizing services. The business license software is a "table driven" system and has been developed to meet almost all of the needs of a City with regard to the management, processing and reporting of business licenses. However, should the need occur, HdL is available to provide custom enhancements to the business license software on a pre-determined time and materials basis. No work shall be performed without prior written approval of the City. Fees for these services are as follows: Agreement for Business Licenses Services Page#6 • Sent: 04/07/97 11:19:16 AM From:THE-HDL-COMPANIES Page 8 Principal $ 135 per hour Principal programmer 135 per hour Associate 85 per hour Associate programmer 85 per hour Secretarial/Administrative 35 per hour 4. SB 90 reimbursement. Certain costs associated with the Business License Software may be eligible for reimbursement under the provisions of SB 90. HdL will assist the City and/or its consultant in preparation of the SB 90 claim. K. TERMINATION This Agreement may terminate each year upon written notice thirty days (30) days prior to the anniversary date of the Agreement. Upon termination, the software license shall expire and the software shall be returned to HdL. L. INDEPENDENT CONTRACTOR HdL shall perform the services hereunder as an independent contractor. No agent, representative or employee of HdL shall be considered as an employee of the City. M. NON-ASSIGNMENT This Agreement is not assignable either in whole or in part by HdL or the City without the written consent of the other party. N. GOVERNING LAW The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall also govern the interpretation of this Agreement. Agreement for Business Licenses Services Page#7 Sent: 04/02!97 11:19:16 AM From:THE-HDL-COMPANIES Page 9 0. INDEMNIFICATION During all phases of this agreement, HdL agrees to defend, indemnify and save harmless City, its officers, agents, and employees from and against any and all claims, demands. Iosses, defense costs, or liability of any kind or nature which the City, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or any manner connected with HdL's performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. Without limiting, HdL indemnification, it is agreed that HdL shall maintain in force at all times during the performance of this agreement the following policy or policies of insurance covering its operations: a) Comprehensive General Liability, including contractual liability, business automobile liability, and products and completed operations, all of which shall include coverage for both bodily injury and property damage, with a combined single limit of one million dollars. b) Worker's Compensation coverage at statutory limits. IIdL's liability insurance policy shall contain the following clauses: a) "The City of Rosemead is named as an additional insured as respects operation of the named insured performed under the contract with the City". b) "Tt is agreed that any insurance maintained by the City shall apply in excess of, and not contribute with insurance provided by this policy". All insurance policies required by this Section 0. shall contain the following clause: "This insurance shall not be canceled, limited or non-renewed until after thirty days written notice has been given to City". Agreement for Business Licenses Services Page#8 • Sent: 04/62/97 11:19:16 AM From:THE-HDL-COMPANIES Page 10 • Certificates of insurance evidencing the coverages required by the clauses'set forth above shall be filed with the City prior to the effective date of this Agreement. This is a condition precedent to the formation of any obligation by the City to compensate HdL under this Agreement. • Agreement for Business Licenses Services • _ Page#9 S INI BY: WALLIN KRESS REISMAN : 4- 2-97 : 4:18PM : (3101 450-0506— 818 307 9218:# 2/ 0 APR. -02' 97 (\'ED) 13 :31 CITY OF ROSEMEAD TEL: 818-307-9218 P. 011 Sent 6410:147 11119;18 M1 .Frorn:THE-14D4COUPANIFS Paget v P. NOTICE All notices required by this Agreement shall be given to the City and.to HdL in writing, by personal delivery or first class mall postage prepaid, addressed as follows: City CITY OF ROSEMEAD 8838 East Valley Boulevard _ Rosemead, CA 91770 HdL. HdL SOFTWARE,LLC 1340 Valley Vista Drive, Suite 200 Diamond Bar, California 91765 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duty authorized in that.behalf. CITY: • CITY OF ROSEMEAD City Clerk APPROVED AS TO FORM: • City Attorney HdL; Hai SOFTWARE,LLC Agreement ror Business Licenses Services Page#10