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Resolution No. 77561 RESOLUTION NO. 7756 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF 4 AN AGREEMENT FOR ENVIRONMENTAL HEALTH DATA MANAGEMENT SERVICES AND DECADE SOFTWARE COMPANY 5 SITE LICENSE AND SUPPORT AGREEMENT FOR THE USE OF ENVISION FOR WINDOWS SOFTWARE 6 7 WHEREAS, the Environmental Health Department desires to 8 consolidate its data software systems into one comprehensive system to 9 increase productivity and efficiency by eliminating separate data 10 entry and maintenance of information, increase reporting capabilities, 11 and lower the cost of operation by eliminating the payment of 12 licensing and use fees for overlapping data systems; and 13 WHEREAS, the Envision for Windows software program is an 14 environmental data management system that provides comprehensive data 15 collection, storage, report writing, and electronic data submission 16 services; and 17 WHEREAS, the California Association of Environmental Health 18 Administrators ("CAEHA") is the marketing agent for Envision For 19 Windows software for environmental health programs in California and 20 coordinates the establishment of service agreements and partners with 21 Decade Software Company, LLC ("Decade") in the ongoing development of 22 software; and 23 WHEREAS, Decade represents that it is capable of providing 24 professionally trained and qualified personnel to consult and support 25 the operation of the Envision for Windows software program for the 26 Vernon Environmental Health Department; and 27 WHEREAS, on March 20, 2001, the Finance Committee approved 28 the recommendation of Bruce V. Malkenhors.t, the Director of Finance, 11 F 3 4 5 6 7 E:A 9 10 11 12 13 it's 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jdated March 12, 2001, that the City purchase the Envision for Windows software program from Decade at a cost of approximately Forty -Eight Thousand Dollars and No Cents ($48,000.00); and WHEREAS, on May 14, 2001, the Finance Committee approved the recommendation of Bruce V. Malkenhorst, the Director of Finance, dated May 3, 2001, that additional funds of approximately Twenty -Five Thousand Dollars and No Cents ($25,000.00) be approved for the purchase of the Envision for Windows software program; and WHEREAS, Decade, CAEHA and the City of Vernon desire to jenter into an Agreement for Environmental Health Data Management Services setting forth the terms and conditions of the services to be performed for the licensing, support, training and conversion of data for the City's use of the Envision for Windows software program; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an Agreement for Environmental Health Data Management Services with Decade and CAEHA for the use of the Envision for Windows software program to allow the Environmental Health Department to utilize one comprehensive environmental health data software system to enhance the Department's services to the Vernon community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: The City Council of the City of Vernon hereby approves the Agreement for Environmental Health Data Management Services with Decade and CAEHA, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Agreement to each of the following: Decade Software Company, LLC Attn. Kevin Delaney 4201 W. Shaw Avenue, Suite 102 Fresno, CA 93722 California Association of Environmental Health Administrators Attn. Justin Malan, Executive Director 3700 Chaney Court Carmichael, CA 95608 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 23rd day of May, 2001. ATTEST: BRUCE V. MALKENHORST, City Clerk r LEONIS C. MALBUR , Mayor 1-1 - 3 - I� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7756, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, May 23, 2001, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) ZIL- BRUCE V. MALKENHORST, City Clerk - 4 - EXHIBIT VA, 1 AGREEMENT FOR ENVIRONMENTAL HEALTH DATA MANAGEMENT SERVICES 2 3 THIS AGREEMENT is made, entered into and executed in 4 triplicate originals, any copy of which may be considered and used as 5 the original hereof for all purposes, as of this day of May, 6 2001, in the City of Vernon, County of Los Angeles, California 7 BY AND BETWEEN THE,CITY OF VERNON (hereinafter referred to as 8 the "Customer") 4305 Santa Fe Avenue 9 Vernon, CA 90058 10 AND THE CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH 11 ADMINISTRATORS (hereinafter referred to as "CAEHA") 12 3700 Chaney Court Carmichael, CA 95608 13 AND DECADE SOFTWARE COMPANY 14 (hereinafter referred to as "DSC") 15 4201 West Shaw Avenue Suite 102 16 Fresno, CA 93722 17 RECITALS 18 WHEREAS, the Customer has need for certain environmental 19 health data management services; and 20 WHEREAS, CAEHA and DSC (collectively referred to herein as 21 "Contractor") work together to provide environmental health agencies 22 with Envision for Windows ("EFW"), an environmental data management 23 system that provides comprehensive data collection, storage, report 24 writing, and electronic data submission services; and 25 WHEREAS, the CAEHA acts as the marketing agent for EFW which 26 is owned and copyrighted by DSC (see Exhibit "A" which is attached 27 hereto and made a part hereof by this reference); and 28 WHEREAS, DSC possesses the skills and resources to provide 111 211 3 4 5 6 7 8 9 10 11 12 13� 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the data management services desired by the Customer (see Exhibit "B" which is attached hereto and made apart hereof by this reference) for description of services) and can provide these services through a Site License and Support Agreement as specified in Exhibit "C," which is attached hereto and made a part hereof by this reference. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. SERVICES. Contractor shall provide Customer with the EFW data management system, including billing and inspection tracking, for the Customer's various environmental health programs consistent with the terms set out in Exhibit "B" and Exhibit "C" attached hereto. 2. SITE LICENSE AGREEMENT. Customer agrees to abide by the conditions contained in the Site License and Support Agreement set out in Exhibit "C" attached hereto. 3. COMPENSATION AND TAXES. (a) Customer shall pay CAEHA on behalf of Contractor according to Pricing Schedule set out in Exhibit "D," which is attached hereto and made a part hereof by this reference. (b) Any tax, such as sales and use taxes, exclusive of property and income taxes, that the Contractor is required to collect or pay based upon the sale and delivery of products or services under this Agreement shall be paid by the Customer to CAEHA Contractor. 4. PAYMENT SCHEDULE. Payments shall be made according to Pricing Schedule in Exhibit "D." 1 5. CONTRACT TERM. 2 This agreement shall become effective on the date set forth 3 above and continue through June 30, 2003. In the event the Agreement 4 is not terminated, as specified herein, it shall be automatically 5 renewed for successive one (1) year terms on July ist of each year 6 with the same conditions in effect on June 30th of the preceding term. 7 6. TERMINATION. 8 (a) Breach of Contract. 9 Customer may immediately suspend or terminate this Agreement 10 in whole or in part where, in the determination of Customer, there is 11 a failure by Contractor to comply with any term or condition of this 12 Agreement. 13 Contractor may immediately suspend or terminate this 14 Agreement in whole or in part, if there is a failure on the part of 15 Customer to pay CAEHA on behalf of the Contractor the agreed 16 compensation in full and in a timely manner. If either party violates 17 any terms or conditions of this Agreement, the party in violation will 18 be notified in writing of the other party's intent to terminate this 19 Agreement for cause, with the cause(s) specifically identified. The 20 party in violation will have thirty (30) days to correct the cause(s), 21 and if the corrections are not made, the party seeking termination 22 will have the right to terminate this Agreement. 23 (b) Without Cause. 241 Under circumstances other that those set forth above, this 25 Agreement may be terminated by either party upon the giving of thirty 26 (30) days written notice of intention to terminate. 27 28 - 3 - 1 7. HOLD HARMLESS. 2 Contractor agrees to indemnify, save, and hold harmless 3 Customer, its officers and members from any and all claims and losses 4 occurring or resulting to Contractor in connection with the 5 performance of this Agreement. 6 Customer agrees to indemnify, save, and hold harmless 7 Contractor, its officers, agents and employees from any and all claims 8 and losses occurring or resulting to Customer in connection with the 91 performance of this Agreement. 10 -8. INSURANCE. ill CAEHA on behalf of Contractor shall name Customer as 12 additional insured on a Professional and Liability insurance policy 13 with a general aggregate coverage of $2,000,000. Contractor shall` 14 submit to Customer documentation indicating compliance with this 15 minimum requirement no less than one (1) day prior to the beginning of 16 performance under this Agreement. Contractor shall not commence 17 performance of its services under this Agreement until the above 18 insurance has_been obtained and proof of insurance has been filed with 19 and approved by the Customer. 20 9. GENERAL PROVISIONS. 21 (a) Independent Contractor. 22 In performance of the services covered by this Agreement, it 23 is understood that the Contractor is an independent contractor and 24 shall act in an independent capacity and not as an officer, agent, or 25 employee of the Customer. 26 Contractor shall not be eligible for, -nor claim any benefits 27 under, the Public Employee's Retirement System, State Unemployment 28 Insurance, Disability Insurance, Workers' Compensation Insurance, or 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 other benefits through the Customer as such benefits are commonly conferred upon employees of the Customer; provided, however, that nothing contained herein shall be deemed to affect any benefits which may have accrued to the Contractor while employed by any other public or private employer, whether prior to or after the effective date of this Agreement. (b) Governing Law. The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel and has the requisite experience and sophistication to understand, and interpret and agree to the particular language of the provisions hereof. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of the Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. This Agreement shall otherwise be interpreted and construed in accordance with the laws of the State of California. (c) Assignment and Subcontracting. The parties recognize that a substantial inducement to Customer for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be"permitted only with the express consent of the Customer. Contractor shall not subcontract any -portion of the work to be performed under this Agreement without the written authorization of the Customer. If Customer consents to such subcontract, Contractor - 5 - 1 shall be fully responsible to Customer for all acts or omissions of 2 the subcontractor. Nothing in this Agreement shall create any 3 contractual relationship between Customer and subcontractor nor shall 4 it create any obligation on the part of the Customer to pay or to see 5 to the payment of any monies due to any such subcontractor. 6 (d) Modification. 7 Any matters of this Agreement may be modified from time to g time by the written consent of all parties without, in any way, 9 affecting the remainder. 10 je) Contractor Not Agent. Except as Customer may specify 11 in writing, Contractor shall have no authority, express or implied, to 12 act on behalf of Customer in any capacity whatsoever as an agent. 13_ Contractor shall have no authority, expressed or implied, pursuant to 14 this Agreement to bind Customer to any obligation whatsoever. 15 (f) Notices. Notices to the parties, unless otherwise 16 requested in writing, shall be sent to: 17 Customer: THE CITY OF VERNON 18 ATTN: BRUCE V. MALKENHORST, CITY ADMINISTRATOR CITY ADMINISTRATOR 19 4305 SANTA FE AVENUE 20 VERNON, CA 90058-0805 CAEHA: CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH 21 ADMINISTRATORS ATTN: JUSTIN MALAN, EXECUTIVE DIRECTOR 22 3700 CHANEY COURT CARMICHAEL, CA 95608 23 24 DSC: DECADE SOFTWARE COMPANY ATTN: KEVIN DELANEY, OWNER 25 4201 WEST SHAW AVENUE, SUITE 102 FRESNO, CA 93722 26 27 (g) Entire Agreement. This Agreement is the entire 28 agreement of the parties, Contractor represent that in entering into - 6 - f 1 this Agreement, it has not relied on any previous representations or 2 understandings of any kind or nature. 3 (h) Benefit of Agreement. This Agreement shall bind and 4 benefit the parties hereto and their heirs, successors, and permitted 5 assigns. 6 10. Confidential Information. 71 (a) Access to Confidential Information. Customer may 8 provide Contractor with, or allow Contractor access to, certain 91 information not available to the public concerning, but not limited to 10 the City of Vernon, or businesses located in the City of Vernon.. The 11 information may include, but is not limited to, company information, 12 taxes, sales, value of assets, utility usage, or other such 13 information. All such information shall be known as "Confidential 14 Information" and may not be used to circumvent the responsibility of 151 either party to this Contract. I(b) No Disclosure. Except as expressly permitted, 17 Contractor shall not disclose, permit the disclosure of, release, 18 disseminate, or transfer, whether orally or by any other means, any 19 part of such Confidential Information to any other person or entity, 20 whether corporate, governmental, or individual, without the express 21 prior written consent of an authorized representative of Customer. 22 Contractor shall return any written Confidential Information, and 23 all copies made of.such items, to Customer upon the Customer's written 24 request, but in any event not later than the date that Contractor has 25 performed all services to be performed pursuant to this Contract. 26 Contractor hereby agrees that such Confidential -Information and any 27 documents provided may be used by Contractor only as authorized by 28 Customer. Contractor shall take reasonable measures to avoid any -1- - 7 - 1 disclosure of any such Confidential Information to any unauthorized 2 person. 3 (c) Court Ordered Disclosure. Contractor shall 4 immediately notify Customer of any court order or subpoena requiring 5 disclosure of Confidential Information, and shall cooperate with legal 6 counsel in the appeal or challenge of any such order or subpoena. 71 Recipient may only disclose Confidential Information required to be 8 disclosed pursuant to court order or subpoena after legal counsel has 9 exhausted any lawful and timely appeal or challenge. 10 -(d) Remedies. In addition to any other remedies that it 11 may have at law or in equity, Customer shall be entitled to a 12 temporary and permanent injunction by a court of competent 13 jurisdiction against any breach or threatened breach of the 14 Confidential Information provisions of this Contract. Contractor 15 acknowledges that in case of such breach or threatened breach of said 16 provisions, Customer would have no adequate remedy at law. 17 11. COUNTERPARTS. This Agreement may be executed 18 simultaneously in two or more counterparts, each of which shall be 19 deemed to be an original, but all of which together shall constitute 20 one and the same instrument. 21 22 23 24 25 26 27 28 8; _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney CITY OF VERNON By: LEONIS C. MALBURG, Mayor CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH ADMINISTRATORS By: v Jus 'n Malan, Title: Executive Director DECADE•COMPANY By: Kevin Delaney Title: Owner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney CITY OF VERNON Bv: LEONIS C. MALBURG, Mayor CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH ADMINISTRATORS By: Justin Malan, Title: Executive Director By: Title: ECADE SOFTWARE COMPANY LLC- By: Kevi elaney Title : Gw_ Ime wl-ow �Z EXHIBIT 0 1 EXHIBIT A 2 CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH ADMINISTRATORS 3 AND 4 DECADE SOFTWARE COMPANY 5 Committed to Promoting and Providing Excellence in Environmental Health Data Management Services 6 Since 1994 the California Association of Environmental Health 7 Administrators (CAEHA) and Decade Software Company (DSC) have worked 8 together to provide environmental health agencies with Envision for Windows (.EFW) - the premier environmental data management system that 9 provides comprehensive data collection, storage, report writing, and electronic data submission services. 10 As the marketing agent for EFW for environmental health programs in 11 California, CAEHA coordinates the establishment of service agreements and partnQrs with DSC in the ongoing development of software. CAEHA 12 utilizes its sales commission to serve Decade Software and its software clients, and by enhancing the value of EFW in the following 13 ways: 14 • Offer contractual agreements for EFW service with CAEHA - a 15 California non-profit association; • Encourage environmental health program staff participation in the 16 Envision User Group meetings; • Provide financial support for the annual Envision User 17 Conference; Provide technical and policy guidance to DSC through bi-annual 18 CAEHA Board meetings and ongoing staff communication; 19 • Represent the interests of both DSC and EFW clients in California legislative and regulatory actions that impact environmental 201 health data management; • Facilitate and coordinate input from environmental health program 21 directors in California with respect to current and future agency data management needs; and 22 , Facilitate the establishment of the EFW price structure that 23 ensures cost-effective service for clients. 24 Through this partnership, CAEHA has helped DSC develop the most versatile and powerful data management system that meets or exceeds 25 the demands of environmental health agencies in the State of California. 26 You are encouraged to contact Justin Malan, CAEHA Executive Director 27 at (916)944-7315 or at Justin@ccdeh.com or Kevin Delaney, owner of Decade Software Company at 1-800-372-3632 or at 28 kevindelaney@decadesoftware.com if you have any questions regarding Envisions for Windows or CAEHA. EXHIBIT A, EXHIBIT EXHIBIT B 1 2 SERVICES 3 1. On -Site Training Contractor will provide the number of days of training classes 4 identified under the heading "Initial Training Services" in the Pricing Schedule (Exhibit D) to include system administration and 5 user training. Contractor will also provide a training video and manuals prior to the training classes. 6 Customer's personnel will prepare themselves for the training 7 classes by watching the video and reading the manuals that will be provided by Contractor. A copy of the Envision for Windows 8 software system will be provided to the Customer for training 9 purposes. 10 Additional training at the Customer's site, beyond that identifiedasInitial Training Services, for Customer's personnel ill who have completed initial training classes during the first year of operation, will be provided by Contractor at the Customer's 12 expense according to the training rate of $120 per hour. Refresher training obtained at Contractor's site will be provided 13 at no charge. 14 For employees hired after the initial training provided in this Agreement, training can be conducted by the Customer or 15 Contractor at the Customer's site. If provided by Contractor, 16 the training will be at an additional cost not to exceed Fourteen Hundred Dollars ($1400.00) per day, including travel and 17 expenses, for groups of not to exceed four persons. 18 2. Data Conversion 19 The Contractor will provide data conversion from the existing data management systems used by the Customer into the EFW 20 software system according to the rate identified in the Pricing Schedule (Exhibit D). 21 The computer systems to be converted include: 22 (1) SWEEPS 23 24 Flat file system, redundant data.. 25 Environmental health programs found within this database: 26 (a) Food manufacturers (b) Food vehicles 27 (c) Garment manufacturers (d) Solid Waste 28 (e) Underground -Storage Tanks r z03:1r s r r � This system contains the following types of data: 1 2 3 (i) Facility owner and facility name and address (ii) Regulated programs found at a site 4 (iii) Daily Time and Activity Logging (iv) Violations 5 Only MFR and DAR data files will be converted. No 6 billing files will be converted. 7 (2) MSDS 8 Flat file system, redundant data 9 Environmental health programs found within this database: 10 (a) Business Emergency Response Plans 11 This system contains the following types of data: 12 (i) Facility owner and facility name and address 13 (ii) Emergency Response Plans for the Facility as Whole (iii) Emergency Response Plans for the Facility Plans 14 (iv) Hazardous Material Inventory 15 (3) HP Mainframe system for invoicing and permitting 16 Flat file system, redundant data 171 Environmental health programs found within this database: 18 (a) None 19 This system contains the following types of data: 20 21 (i) Facility owner and facility name and address (ii) Billing address 22 (iii) Billing anniversary date (iv) Permit 23 No financial history will be converted. 24 (4) Filemaker Pro 25 Flat file system, redundant data. 26 Environmental health programs found within this database: 27 28 (a) Cross -connections 1 (b) Stormwater site visit 2 This system contains the following types of data: 3 (i) Facility owner and facility name and address 4 (ii) Backflow devices, device particulars 5 The file conversion costs are based on a three (3) conversion attempts methodology. Contractor's part.of the data conversion 6 process is the importing of the files into the EFW system. The Customer's part of the data conversion process is providing 7 Contractor with clean data records in the format that is documented in Contractor's System Implementation Guide. 8 Contractor will provide the Customer with a written data 9 conversion plan. 10 The Customer will provide an estimate, in writing, to Contractor, of the number of data records currently maintained and compare it the number with the data conversion result. The Customer will provide Contractor data in the format specified in the System 12 Implementation Guide. Contractor will convert the data for the Customer's review and ship it to the Customer. The Customer will 13 review the data for errors. This process will continue until the data is clean and ready for final conversion. 14 As this process progresses, should the errors identified be due 15 to Contractor's mishandling of the process, Contractor will make the changes and convert the data for the Customer's review as 16 many times as required at no cost. 17 If the reason data is not converted correctly is due to an 18 oversight on the part of the Customer, Contractor will convert the data again, up to a maximum of three times, without 19 additional costs. Additional and subsequent conversion will be charged to the Customer at time and materials basis at the hourly 20 rate set in the Pricing Schedule. 21 Data will be made available to Contractor in a comma delimited ASCII file format according to the format specified in the 22 written data conversion plan provided to the Customer by Contractor. 23 24 The Customer will provide appropriate personnel to work on the conversion. Personnel will be selected based on their 25 understanding of the data conversion goals and current software and business practices. 26 Contractor and the Customer will track all conversations and 27 communications regarding the conversion. Weekly telephone calls willbe conducted between Contractor and the Customer staffs 28 prior to and during conversion process. Participants will be notified in advance. E iL$I-T $ e 1 1 \ • 1 • \ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contractor and the Customer will maintain a conversion log representing the issues and problems with the conversion. Contractor and Customer staffs will review this log on a weekly basis. Plans for correcting any problems will be discussed between Contractor and the Customer staffs and noted in the log in accordance with the methodology as defined in the System Implementation Guide provided by DSC. When conversion issues arise that require direction and approval from the Customer, the Customer is responsible for responding either by telephone, facsimile, or email within two working days. Customer's normal working hours are 7:00 a.m. to 5:30 p.m. Pacific Standard Time, Monday through Thursday, with Federal and State holidays excluded. If no answer is provided within two (2) working days, Contractor will, at its option, suspend conversion efforts and attempt to reschedule or make the decision on behalf of the Customer. Data correction or restoration, unless caused by Contractor's negligence, will be estimated or bid at the Customer's request, and will be invoiced at Contractor's hourly rate set in the Pricing Schedule. 3. Custom Programming No custom programming is included in this Agreement. 4. Support Initiated Outside Normal Working Hours Contractor's normal working hours are 8:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday, with Federal and State holidays excluded. If Customer requires or initiates service outside these hours, Customer will pay for such service at Contractor's hourly rate set in the Pricing Schedule. 5.Software Installation If Contractor is required to travel to Customer's site to install the software, Customer will pay for such support at Contractor's hourly rate set in the Pricing Schedule. 6. Annual License and Support Fees The annual license and support fees to be paid Contractor are based on the -following information provided by the Customer: Number of environmental staff to be tracked: 7 Number of environmental staff using Field Inspection Software: 6 Number of facilities to be tracked: 2100 Total number of Program Records: 2127 Number of Complaints and Misc. Services each year: 132 Hazardous Materials Establishments 6,00 EXH T B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19I 20 21 22 23 24 25 26 27 28 Hazardous Waste Generators: 200 Hazardous Waste Tiered Treatment Facilities: 15 Active Underground Tank Facilities: 68 Total Number of Active Underground Tanks: 105 The Customer warrants that the volumes are as accurate as can be estimated, and agrees that the license and support fees can be reasonably increased by a written amendment to this Agreement, signed by all parties, at any time based on additional volumes or increased use of applications not previously specified, and billed retroactively to the time when the increase in volumes or use first occurred. For successive terms of this Agreement, the license and support fee will be invoiced monthly by CAEHA, unless Customer elects to pay the full year in advance. Customer will allow Contractor to log onto the Customer system at least once per year approximately ninety (90) days prior to the renewal date to check on data record volumes. If Contractor elects to increase prices for the successive term of this Agreement, Contractor will notify the Customer in writing at least sixty (60) days prior to the end of the contract term. Such increase will be embodied in an amendment to this Agreement. 7. Licensed Applications The following are licensed applications of the Envision for Windows to be used by Customer: A. Core System, and its Support Code tables, with primary applications consisting of: Owner Event Tracking Co-owner E-mail Integration Facility Self -Audit General Health Program Travel Expense Logging General Health Permit Violation Logging Daily Activity Logging Violation Enforcement Logging Complaint Involved People Service Request Certified Professionals Comments User -defined Fields B. Program Specific Applications, and Support Code Tables, with primary applications consisting of: Hazardous Materials Hazardous Waste Public Water Systems Recyclable Materials Site Remediation Underground Storage Tanks Underground Storage Tank Owners Water Wells EX03MXT S'' 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20'' 21 22 23 24 25 26 27 28 Food Solid Waste Garment Manufacturing Waste Processors Laundry Offal Liquid Waste C. Financials, and Support Code Tables, with primary applications consisting of: Accounts Receivable Invoices Invoice Line Items Transactions History Scheduled Invoice Items Batch Payment Processing Daily Balances D. Administration, and Support Code Tables, with.primary applications consisting of: Employee Employee Training Received Employee Health and Accident Logging Processing Error E. Field Inspection Software, and Support Code Tables The Field Inspection System is included in this Agreement when deployed at the desktop. Remote computing using the Field Inspection System is covered under separate license. F. System Applications, and their Support Code Tables not included in this Agreement: NONE MISIT B EXHIBIT EXHIBIT C 1 2 Decade Software Company Site License and Support Agreement 3 1. Parties 4 This is a Site License and Support Agreement (hereinafter 5 "License Agreement") between Decade Software Company, with principal place of business at 4201 West Shaw Avenue, Suite #102, 6 Fresno, California 93722 (hereinafter "DSC"), and the Customer. 7 The Customer is: The City of Vernon 8 The Customer contact person is: Lewis Pozzebon Whose title is: Director of Environmental Health 9 Whose telephone number is: 323 583-8811, Ext. 229 Whose fax is: (323) 588-4320 10 Whose e-mail is: Lpozzebon@ci.vernon.ca.us And whose mailing address is: City of Vernon Health Department 11 4305 Santa Fe Avenue Vernon, CA 90058 12 2. Envision for Windows 13 This License Agreement is for the use and support of a software 14 product called Envision for Windows. 15 The software includes computer programs, in object form, and all related documentation and materials, and all modifications made 16 hereafter, in whole or in part, (hereinafter "Software"). The 17 Software is owned and copyrighted by DSC, and Customer will have no rights other than the license use rights granted in this 18 License Agreement. 19 3. License 20 By this License Agreement Customer is granted a non -transferable, non-exclusive license to use the Software for Customer's purposes 21 and only on Customer's computer system as described below. Customer agrees not to allow any third party access to the 22 Software without written permission from DSC. 23 A single production version of the Software will be installed on 24 a local area network located at 4305 Santa Fe Avenue, Vernon, CA 90058. 25 Customer may copy Software only for backup and archival purposes. 26 Customer agrees to maintain appropriate records on the quantity and location of all such copies, in whole or in part, in any 27 form. Customer shall receive prior written approval from DSC before copying any portion of the Software for any purpose other 28 than backup or archival use. 1 4. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Support Services Provided by DSC The following services are included in the license and support price: a. Telephone Support - DSC will provide telephone support via a toll free number for Customer "How to's" or problem resolution. Problem resolution could involve logging onto Customer's system through the Internet or a modem. This support will be provided during DSO's regular business hours which are 8:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday. b. Software Maintenance -'DSC will provide software maintenance, which includes bug fixes, and any required modifications to keep the Software in conformance with the specifications contained in the then current DSC Reference Manual. DSC will amend the specifications only to remove documentation errors, provide consistency of interpretation or describe improvements to the Software. DSC will correct any error or malfunction in the Software which prevents it from operating in conformance with the specifications, or DSC will provide a commercially reasonable alternative that will conform to the specifications at DSO's expense.. If Customer's system is inoperable due to a reproducible error or malfunction, and Customer is using the then current release of the Software, DSC will provide continuous effort to correct the error or malfunction. c. Upgrades and Enhancements - DSC will periodically make available to Customer upgrades and enhancements to the Software. DSC will provide the necessary instructions and software tools for Customer to effect upgrades and modifications at DSO's expense. Customer will operate and maintain its data management system at the current release level of the Software. DSC will provide technical support of the current release, and continue to provide technical support for one year after the release of a new version of the Software. DSC will not be obligated to. provide technical support or maintain prior versions of the Software beyond the one year overlap period. Although DSC will make all reasonable efforts to make upgrades and enhancements within the License and Support price, DSC will have the sole discretion to decide if new Software is a no charge upgrade or enhancement, or a billable offering.. Billable offerings are optional, and Customer will not be required to purchase them to maintain the current release level. d. User Group Participation - Customer may send representatives SXHI$I 1 to any user group meeting conducted by DSC. DSC will establish user group meetings in Southern California. DSC 2 will provide Customer with adequate written notice of the user group meetings so that Customer may send a 3 representative if Customer so desires. 4 e. Refresher Training - There will be no charge for refresher training conducted at DSC's office on mutually agreeable 5 dates, if the material was covered and the attendee(s) was included in the Customer's initial training. Refresher 6 training does not include training for new Software or Customer staff who have not been trained before, which are fee -based items. New software training charges not included 7 in the services under Exhibit B will need to be quoted and 8 approved by modification of this License Agreement or a new license agreement. 9 5. Customer Responsibilities 10 Customer is responsible for the following: a. Provide personnel whom Customer believes are knowledgeable, 11 competent operators with an understanding of Customer's operations. b. Schedule on -site or classroom training to properly prepare 12 Customer's staff for using the Software. 13 c. Backup files and programs daily, or whenever they change, and keep the backup in a secure place. 14 d. Notify DSC as soon as problems appear. 15 6. Customer Responsibilities Upon Termination Customer will cease using the Software immediately upon 16 termination of the License Agreement. Within thirty (30) days after termination for any reason, Customer will furnish DSC an 17 affidavit certifying that the original and all copies, in whole or in part, of the Software have been returned to DSC or 18 destroyed by Customer. DSC acknowledges that data loaded into the Software is owned and controlled by the Customer. 19 7. Employment by Customer of DSO's Staff If Customer, directly hires a DSC specialist who has provided 20 service to Customer within six (6) months of specialist's 21 termination from DSC, Customer will pay DSC an amount equal to six (6) months wages of specialist at time of termination. 22 8. Limitation of DSO's Warranty and Liability 23 DSC will make every reasonable effort to provide the Software to manage the environmental health data required by the Customer. 24 DSC warrants_that the media used to deliver the Software to 25 Customer is free from mechanical or recording defects, and if such defects are found, DSC will immediately replace the 26 defective media. 27 DSC will not be liable for any damage resulting from loss of data 28 (unless caused by DSC staff accessing Customer's computer), profits, use of products, claims by third parties, or for any II] k3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 19 20 21 22 23 24 25 26 27 28 EXHIBIT D Pricing Schedule (Revised) ANNUAL LICENSE AND SUPPORT FEES $ 9,780.00 A. Envision for Windows License Fee .................. B. Field Inspection Software .......................................... $ 8, 750.00 PAYMENT SCHEDULE: FIRST YEAR. FIRST within 30 days following the effective daetde of the the Agreement (provided Contractor has supp appropriate certificate of insurance) 25% within 30 days following the delivery of Software 30% within 30 days following the.pre-acceptance testing 20% within 6 months following the installation of the Software, or the Customer's written acceptance of the delivery and installation of the Software, whichever comes first. SUBSEQUENT YEARS FOLLOWING FIRST YEAR Full payment within 30 days following the annual anniversary date of the effective date of the Agreement, or invoicing by Contractor, whichever is later 2. THIRD PARTY SOFTWARE PURCHASE 2 265.00 A. Sybase SQL Anywhere License .................................... $ , Developer License $ 500.00 B. Crystal Reports p 3. INITIAL TRAINING SERVICES Nine days training at Customer'speople site for up to 6 .................. $15, 855.00 PAYMENT SCHEDULE: 100% within 30 days following the completion of training dates 4. DATA CONVERSION Conversion of SWEEPS, HP Mainframe, Filemaker Pro MSDS data .................................. $17, 500.00 and.................................................... . PAYMENT SCHEDULE: effective date of Agreement 3.0% within 30 days following the . (provided Contractor has supplied the appropriate certificate of insurance) 50% within 30 days of an Initial Data Conversion Specification .20% within 30 days of Acceptance of the Converted Data 5. HOURLY / TRAINING RATE 120.00 ......................... HOURLY RATE............................I........................... $ �,-,� (initial) (initial) (initial) EXHIBIT D SUPPORTING DOCUMENTS i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E 2E 2' 21 AGREEMENT FOR ENVIRONMENTAL HEALTH DATA MANAGEMENT SERVICES THIS AGREEMENT is made, entered into and executed in triplicate originals, any copy of which may be considered and used as the ori ginal inal hereof for all purposes, as of this 2�(� day of May, 2001, in the City of Vernon, County of Los Angeles, California By AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "Customer") 4305 Santa Fe Avenue - Vernon, CA 90058 AND THE CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH ADMINISTRATORS (hereinafter referred to as "CAEHA") 3700 Chaney Court Carmichael, CA 95608 r DECADE SOFTWARE COMPANY (hereinafter referred to as "DSC") 4201 West Shaw Avenue Suite 102 Fresno, CA 93722 RECITALS WHEREAS, the Customer has need for certain environmental health data management services; and WHEREAS, CAEHA and DSC (collectively referred to herein as "Contractor") work together to provide environmental health agencies with Envision for Windows ("EFW"), an environmental data management system that provides comprehensive data collection, storage, report writing, and electronic data submission services; and WHEREAS, the CAEHA acts as the marketing agent for EFW which is owned and copyrighted by DSC (see Exhibit "A" which is attached hereto and made a part hereof by this reference); and WHEREAS, DSC possesses the skills and resources to provide 1 t 1 the data management services desired by the Customer (see Exhibit "B" 2 which is attached hereto and made a part hereof by this reference) for 3 description of services) and can provide these services through a Site 4 License and Support Agreement as specified in Exhibit "C," which is 5 attached hereto and made a part hereof by this reference. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 671 FORTH HEREIN: 8 1. SERVICES. Contractor shall provide Customer with the EFW data! 9 10 management system, including billing and inspection tracking, for the Customer's various environmental health programs consistent with the 11 terms set out in Exhibit "B" and Exhibit "C" attached hereto. 12 2. SITE LICENSE AGREEMENT. 13 Customer agrees to abide by the conditions contained in the 14 15 Site License and Support Agreement set out in Exhibit "C" attached 16 hereto. 17 3. COMPENSATION AND TAXES. (a) Customer shall pay CAEHA on behalf of Contractor 18 19 according to Pricing Schedule set out in Exhibit "D," which is 201 attached hereto and made a part hereof by this reference. (b) Any tax, such as sales and use taxes, exclusive of 21 22 property and income taxes, that the Contractor is required to collect, 23 or pay based upon the sale and delivery of products or services under 24 this Agreement shall be paid by the Customer to CAEHA Contractor. 4. PAYMENT SCHEDULE. 25 Payments shall be made according to Pricing Schedule in 26 27 Exhibit "D." 28 - 2 - 1 5. CONTRACT TERM. 2 This agreement shall become effective on the date set forth 3 above and continue through June 30, 2003. In the event the^Agreement 4 is not terminated, as specified herein, it shall be automatically 5 renewed for successive one (1) year terms on July lot of each year 6 with the same conditions in effect on June 30th of the preceding term. 7 6. TERMINATION. 8 (a) Breach of Contract. 9 Customer may immediately suspend or terminate this Agreement 10 in whole or in part where, in the determination of Customer, there is 11 a failure by Contractor to comply with any term or condition of this 12 Agreement. 131 Contractor may immediately suspend or terminate this 14 Agreement in whole or in part, if there is a failure on the part of 15 Customer to pay CAEHA on behalf of the Contractor the agreed 16 compensation in full and in a timely manner. If either party violates 17 any terms or conditions of this Agreement, the party in violation will 18 be notified in writing of the other party's intent to terminate this 19Agreement for cause, with the cause(s) specifically identified. The 20 party in violation will have thirty (30) days to correct the cause(s), 21 and if the corrections are not made, the party seeking termination 22 will have the right to terminate this Agreement. 23 (b) Without Cause. 24 Under circumstances other that those set forth above, this 25 Agreement may be terminated by either party upon the giving of thirty 26 (30) days written notice of intention to terminate. 27 28 - 3 - k 1 7. HOLD HARMLESS. 2 Contractor agrees to indemnify, save, and hold harmless 3 Customer, its officers and members from any and all claims and losses 4 occurring or resulting to Contractor in connection with the 5 performance of this Agreement. 6 Customer agrees to indemnify, save, and hold harmless 7 Contractor, its officers, agents and employees from any and all claims 8 and losses occurring or resulting to Customer in connection ,with the g performance of this Agreement. 101 8. INSURANCE. 11 CAEHA on behalf of Contractor shall name Customer as 12 additional insured on a Professional and Liability insurance policy 13 with a general aggregate coverage of $2,000,000. Contractor shall 14 submit to Customer documentation indicating compliance with this 15 minimum requirement no less than one (1) day prior to the beginning of, 16 performance under this Agreement. Contractor shall not commence 17 performance of its services under this Agreement until the above 18 insurance has been obtained and proof of insurance has been filed with 19 and approved by the Customer. 20 9. GENERAL PROVISIONS. 21 (a) Independent Contractor. 22 In performance of the services covered by this Agreement, it 23 is understood that the Contractor is an independent contractor and 24 shall act in an independent capacity and not as an officer, agent, or 25 employee of the customer. 26 Contractor shall not be eligible for, -nor claim any benefits 27 under, the Public Employee's Retirement System, State unemployment 28 Insurance, Disability Insurance, Workers' Compensation Insurance, or - 4 - Y 1 other benefits through the Customer as such benefits are commonly 2 conferred upon employees of the Customer; provided, however, that 3 nothing contained herein shall be deemed to affect any benefits which 4 may have accrued to the Contractor while employed by any other public 5 or private employer, whether prior to or after the effective date of g this Agreement. 7 (b) Governing Law. g The parties hereto acknowledge and agree that each has been 91 given the opportunity to independently review this Agreement with 10 legal counsel and has the requisite experience and sophistication to. it understand, and interpret and agree to the particular language of the 12 provisions hereof. In the event of any asserted ambiguity in, or 13 dispute regarding the interpretation of any matter herein, the 14 interpretation of the Agreement shall not be resolved by any rules of 15 interpretation providing for interpretation against the party who 16 causes the uncertainty to exist or against the party who drafted the 17 Agreement or who drafted that portion of the Agreement. This 181 Agreement shall otherwise be interpreted and construed in accordance 19 with the laws of the State of California. 20 (c) Assignment and Subcontracting. 21 The parties recognize that a substantial inducement to 22 Customer for entering into this Agreement is the professional 23 reputation, experience and competence of Contractor. Assignments of 24 any or all rights, duties or obligations of the Contractor under this 25 Agreement will be permitted only with the express consent of the 26 Customer. Contractor shall not subcontract any portion of the work to 27 1 1 be performed under this Agreement without the written authorization of 28 the Customer. If Customer consents to such subcontract, Contractor - 5 - 1 shall be fully responsible to Customer for all acts or omissions of 2 the subcontractor. Nothing in this Agreement shall create any 3 contractual relationship between Customer and subcontractor nor shall 4 it create any obligation on the part of the Customer to pay or to see 5 to the payment of any monies due to any such subcontractor. 6 (d) Modification. 7 Any matters of this Agreement may be modified from time to 8 time by the written consent of all parties without, in any Ways g affecting the remainder. nt. Except as Customer may specify 10 (e) Contractor Not Age 11 in writing, Contractor shall have no authority, express or implied, to 12 act on behalf of Customer in any capacity whatsoever as an agent. 13 Contractor shall have no authority, expressed or implied., pursuant to 14 this Agreement to bind Customer to any obligation whatsoever. 15 (f) Notices. Notices to the parties, unless otherwise 16 requested in writing, shall be sent to: 17 Customer: THE CITY OF VERNON 18 ATTN: BRUCE V. MALKENHORST, CITY ADMINISTRATOR CITY ADMINISTRATOR 19 4305 SANTA FE AVENUE VERNON, CA 90058-0805 20 CAEHA; CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH 21 ADMINISTRATORS ATTN: JUSTIN MALAN, EXECUTIVE DIRECTOR 22 3700 CHANEY COURT CARMICHAEL, CA 95608 23 DSC: DECADE SOFTWARE COMPANY 24 ATTN: KEVIN DELANEY, OWNER -4201 WEST SHAW AVENUE, SUITE 102 25 FRESNO, CA 93722 26 (g) Entire Agreement. This Agreement is the entire .27 agreement of the parties, Contractor represent that in entering into 28 - 6 - 1 this Agreement, it has not relied on any previous representations or 2 understandings of any kind or nature. 3 (h) Benefit of Agreement. This Agreement shall bind and 4 benefit the parties hereto and their heirs, successors, and permitted 5 assigns. 6 1o. Confidential Information. 7 (a) Access to Confidential Information. Customer may g provide Contractor with, or allow Contractor access to, certain 9 information not available to the public concerning, but not limited to 10 the City of Vernon, or businesses located in the City of Vernon. The 11 information may include, but is not limited to, company information, 12 taxes, sales, value of assets, utility usage, or other such 13 information. All such information shall be known as "Confidential used to circumvent the responsibility of 14 Information" and may not be 15 either party to this Contract. 16 (b) No Disclosure. Except as expressly permitted, 17 Contractor shall not disclose, permit the disclosure of, release, 18 disseminate, or transfer, whether orally or by any other means, any 19 part of such Confidential Information toanyother person or entity, 20 whether corporate, governmental, or individual, without the express 21 prior written consent of an authorized representative of Customer. 22 1 Contractor shall return any written Confidential Information, and 23 all copies made of such items, to Customer upon the Customer's written 24 request, but in any event not later than the date that Contractor has 25 performed all services to be performed pursuant to this Contract. hat such Confidential -Information and any 26 Contractor hereby agrees t 27 documents provided may be used by Contractor only as authorized by 28 Customer. Contractor shall take reasonable measures to avoid any 7 - e 1 disclosure of any such Confidential Information to any unauthorized 2 person. 3 (c) Court Ordered Disclosure. Contractor shall 4 immediately notify Customer of any court order or subpoena requiring 5 disclosure of Confidential Information, and shall cooperate with legal 6 counsel in the appeal or challenge :of any such order or subpoena. 71 Recipient may only disclose Confidential Information required to be order or subpoena after legal counsel has g disclosed pursuant to court 9 exhausted any lawful and timely appeal or challenge. 10 (d) Remedies. In addition to any other remedies that it 11 may have at law or in equity, Customer shall be entitled to a 12 temporary and permanent injunction by a court of competent 13 jurisdiction against any breach or threatened breach of the 14 Confidential Information provisions of this Contract. Contractor 15 acknowledges that in case of such breach or threatened breach of said 16 provisions, Customer would have no adequate remedy at law. 17 11. COUNTERPARTS. This Agreement may be executed 18 simultaneously in two or more counterparts, each of which shall be i9 deemed to be an original, but all of which together shall constitute 20 one and the same instrument. 21 22 23 24 25 26 27 28 - 8 - 1 2 3 4 5 6 7 8 9 10 11 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATT ST �r' !� BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: EDUARDO OLIVO, City A ey CITY OF VERNON By: LEONIS C. MAL URG, Ma or CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH ADMINISTRATORS By: AQ-- — us in Malan, Title: Executive Director By: Title: DECADE SOFTWARE COMPANY By: Kevin Delaney Title: Owner - 9 - 1 2 3 4 5 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. 711 ATTEST: 8 10 11 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 2, 2E BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FO EDUARDO OLIVO, City ttorney CITY OF VERNON By: LEONIS C. MALBURG, Mayor CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH ADMINISTRATORS By: Justin Malan, Title: Executive Director By: Title: DECADE SOFTWARE COMPANY, 1-�- By: vin Delaney Title : AWAY 011 chi `�✓✓ - 9 EXHIBIT EXHIBIT A 1 CALIFORNIA ASSOCIATION OF ENVIRONMENTAL HEALTH ADMINISTRATORS 2 AND . 3 4 DECADE SOFTWARE COMPANY 5 Committed to Promoting and Providing Excellencein Environmental Health Data Management services 6 Since 1994 the California Association of Environmental.Health 7 Administrators (CAEHA) and Decade Software Company (DSC) have worked together to provide environmental health aaatales manawith gor ementvsjrstemision fthat 8 Windows (EFW) - the premier environmental provides comprehensive data collection, storage, report writing, and 9 electronic data submission services. 10 As the marketing ,agent for EFW for environmental health programs in 11 California, CAEHA coordinates the establishment of service agreements and partners with DSC in the ongoing development of software. CAEHA 12 utilizes its sales commission to 3ethe DalueeofoEFWain the following software clients, and by enhancing 13 ways: 14 • Offer contractual agreements for EFW service with CAEHA - a 15 California non-profit association; • Encourage environmental health program staff participation in the 16 Envision User Group meetings; • Provide financial support for the annual Envision User 17 Conference; • Provide technical and policy guidance to DSC through bi-annual 18 ff communication; CAEHA Board meetings and ongoing sta 19 • Represent the interests of both DSC and EFW clients in California legislative and regulatory actions that impact environmental 20 health data management; Facilitate and coordinate input from environmental health program 21 directors in California with respect to current and future agency data management needs; and 22 . Facilitate the establishment of the EFW price structure that 23 ensures cost-effective service for clients. 24 Through this partnership, CAEHA has helped DSC develop the most versatile and powerful data management system that meets or exceeds 25 the demands of environmental health agencies in the State of California. 26 CAEHA Executive Director You are encouraged to contact Justin Malan, owner Dof irector 27 at (916)944-7315 or at Justin@ccdeh.com or Kevin Delaney, at Decade Software company lcom0iflyou6haverany questions regarding 28 kevindelaney@decadesoftware Envisions for Windows or CAEHA. EXHIBIT A EXHIBIT EXHIBIT B 1 SERVICES 2 3 1. On -Site Training Contractor will provide the number of days of training classes 41 identified under the heading "Initial Training Services" in the Pricing Schedule (Exhibit D) to include system administration aand 5 user training. Contractor will also provide a training manuals prior to the training classes. 6 Customer's personnel will prepare themselves for the training 7 classes by watching the video and reading the manuals that will be provided by Contractor. A copy of the Envision for Windows 8 software system will be provided to the Customer for training 9 purposes. 10 Additional training at the Customer's site, beyond that identified as Initial Training Services, for customer'sfpersonear ne 11 who have completed initial training classes during thethe Customer's of operation, will be provided by Contractor at 12 expense according to the training rate of $120 per hour. Refresher training obtained at Contractor's site will be provided 13 at no charge. 14 For employees hired after the initial training provided in this Agreement, training can be conducted by the Customer or 15 Contractor at the Customer's site. if provided by Contractor, the training will be at an additional cost notto xceed Fourteen 16 Hundred Dollars ($1400.00) per day, including e 17 expenses, for groups of not to exceed four persons. 18 2.Data Conversion 19 The Contractor will provide data conversion from the existing data management systems used by the-customer rfinto the in the Pricing EFW 20 software system according to the rate Schedule (Exhibit D). 21 The computer systems to be converted include: 22 (1) SWEEPS 23 Flat file system, redundant data.. 24 Environmental health programs found within this database: 25 26 (a) Food manufacturers (b) Food vehicles 27 (c) Garment manufacturers (d) Solid Waste 28 (e) Underground Storage Tanks EXHIBIT B This system contains the following types of data: 1 2 (i) Facility owner and facility name and address 3 (ii) Regulated programs found at a site (iii) Daily Time and Activity Logging 4 (iv) violations 5 Only MFR and DAR data files will be converted. No 6 billing files will be converted. 7 (2) MSDS 8 e Flat file system, redundant data . 9 Environmental health programs found within this database: 10 (a) Business Emergency Response Plans 11 This system contains the following types of data: 12 (i) Facility owner and facility name and address the Facility as Whole 13 (ii) Emergency Response Plans for Plans for the Facility Plans (iii) Emergency Response 14 (iv) Hazardous Material Inventory 15 (3) HP Mainframe system for invoicing and permitting 16 Flat file system, redundant data 17 Environmental health programs found within this database: 18 (a) None 19 This system contains the following types of data: 20 (i) Facility owner and facility name and address 21 (ii) Billing address (iii) Billing anniversary date 22 (iv) Permit 23 No financial history will be converted. 24 (4) Filemaker Pro 25 Flat file system, redundant data. 26 Environmental health programs found within this database: 27 28 (a) Cross -connections EXHIBIT B (b) Stormwater site visit 1 This system contains the following types of data: 2 3 (i) Facility owner and facility name and address 4 (ii) Backflow devices, device particulars 5 The file conversion costs are based on a three (3) conversion attempts methodology. Contractor's part of the data conversion 6 process is the importing of the files into the EFW system. The Customer's part of the data conversion process is providing 7 Contractor with clean data records in the format that is documented in Contractor's System Implementation Guide. 8 Contractor will provide the Customer with a written data conversion plan. 9 10 The Customer will provide an estimate, in writing, to Contractor, of the number of data records currently maintained and compare er 11 the number with the data conversion resultifiedeinuthe ml System provide Contractor data in the forma spe 12 Implementation Guide. Contractor will convert the data for the Customer's review and ship it to the custom. continue Customer mer will 13 review the data for errors. This process willdata is clean and ready for final conversion. 14 As this process progresses, should the errors identifiactor will mace due 15 to Contractor's mishandling of the process, the changes and convert the data for the Customer's review as 16 many times as required at no cost. 17 If the reason data is not converted correctly is due to an 18 oversight on the part of the Customer, Contractor will convert the data again, up to a maximum of three times, without 19 additional costs. Additional and subsequent conversion will be charged to the Customer at time and.materials basis at the hourly 20 rate set in the Pricing Schedule. 21 Data will be made available to Contractor in commaidelimited ASCII file format according to the forma pe cifthe 22 written data conversion plan provided to the Customer by Contractor. 23 The Customer will provide appropriate personnel to work on the 24 conversion. Personnel will be selected based on their 5 understanding of the data conversion goals and current software 2 and business practices. 261 Contractor and the Customer will track all conversations and 27 communications regarding the conversion. Weekly telephone calls will be conducted between Contractor and the Customer staffs 28 prior to and during conversion process. Participants will be notified in advance. EXHIBIT B 1 Contractor and the Customer will maintain a conversion log 2 representing the issues and problems with the conversion. Contractor and Customer staffs will review this log on a weekly basis. Plans for correcting any problems will be discussed 3 between Contractor and the Customer staffs and noted in the log 4 in accordance with the methodology as defined in the System Implementation Guide provided by DSC. 5 approval When conversion issues arise that require direction and 6 from the Customer, the Customer is responsible for respondinda s. either by telephone, facsimile, or email within two working y 7 Customer's normal working hours are 7:00 a.m. to5:3 Federal and Pacific Standard Time, Monday through Thurrwith within two 8 State holidays excluded. If no answer is p working days, Contractor will, at its option, suspend conversion 91 efforts and attempt to reschedule or make the decision on behalf 10 of the Customer. 11 {Data correction or restoration, unless caused by Contractor's negligence, will be estimated orbid at the Customer's request, 12 and will be invoiced at Contractor's hourly rate set in the Pricing Schedule. 13 3. Custom Programming 14 No custom programming is included in this Agreement. 15 4.Support Initiated Outside Normal Working Hours 16 Contractor's normal working hours 5:00ith ederal State. 17 Pacific Time, Monday through Friday, nd holidays excluded. If Customer requiwres or initiates service 18 outside these hours, Customer will pay for such service at 19 Contractor's hourly rate set in the Pricing Schedule. 20 5. Software Installation 21 If Contractor is required to travel to hussupportsasite ntractor's the software, Customer will pay for suc PP 22 hourly rate set in the Pricing Schedule. 23 6. Annual License and Support Fees 24 The annual license and support fees to be paid Contractor are 25 based on the following information provided by the Customer: Number of environmental staff to be Fieltracked: Inspection Software: 6 26 Number of environmental staff using 27 Number of facilities to be tracked: 2100 Total number of Program Records: 2127 28 Number of Complaints and Misc. Services each year: 132 Hazardous Materials Establishments: 600 EXHIBIT B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2G 2E 2' 2� Hazardous Waste Generators: 200 Hazardous Waste Tiered Treatment Facilities: 15 Active Underground Tank Facilities: 68 Total Number of Active Underground Tanks: 105 The Customer warrants that the volumes are as accurate exas can be estimated, and agrees that the license and support reasonably increased by a written amendment to this Agreement, o signed by all parties, at any time based n additoalvolumes or increased use of applications not previously specified, and billed retroactively to the time when the increase in volumes or use first occurred. For successive terms of this Agreeemmeenn't, the . license and support aeell be full yearlindadvancey by re Customer elects to pay the Customer will allow Contractor to log onto the Customerstotem at least once per year approximately ninety (90) days prior renewal date to check on data record volumes. If Contractor elects to increase pricesfortheCustomer cssinewrerm of this Agreement, Contractor will notify the at least sixty (60) days prior to the end of the contract term. Such increase will be embodied in an amendment to this Agreement. 7. Licensed Applications The following are licensed applications of the Envision for Windows to be used by Customer: A. Core System, and its Support Code tables, with primary applications consisting of: Owner Co-owner Facility General Health Program General Health Permit Daily Activity Logging t Service Re uest Comments Event Tracking E-mail Integration Self -Au Travel Expense Loggin Violation Logging Violation Enforcement Involved People Certified Professio User -defined Fields B. Program Specific Applications, and Support Code Tables, with primary applications consisting of: Hazardous Materials Public Water Systems Site Remediation Underground Storage Tank Owners Hazardous Waste Recyclable Materials Underground Storage Tanks Water Wells EXHIBIT B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E 2E 2' 2 Food Solid Waste Garment Manufacturing Waste Processors Laundry Offal Liquid Waste C. Financials, and Support Code Tables, with primary applications consisting of: Accounts Receivable Invoices Invoice Line Items Transactions History Scheduled Invoice Items Batch Payment Processin Daily Balances D. Administration, and Support Code Tables, with prim-4ry applications consisting of: Employee Employee TrainingReceived Employee Health and Accident Log in Processing Error E. Field Inspection Software, and Support Code Tables The Field Inspection System is included in this Agreement when deployed at the desktop. Remote computing using the Field Inspection System is covered under separate license. F. System Applications, and their Support Code Tables not included in this Agreement: NONE EXHIBIT B EXHIBIT C 1 2 3 1. 4 5 6 7 8 9 10 11 12 2. 13. 14 15 16 17 18 19 3• 20 21 22 23 24 25 26 27 28 EXHIBIT C Decade Software Company Site License and Support Agreement Parties This is a Site License and Support Agreement (hereinafter "License Agreement") between Decade Software Company, with principal place of business at 4201 West Shaw Avenue, Suite #102, Fresno, California 93722 (hereinafter "DSC"), and the Customer. The Customer is: The City of Vernon The Customer contact person is: Lewis Pozzebon Whose title is: Director of Environmental Health . Whose telephone number is: 323 583-8811, Ext. 229 Whose fax is: (323) 588-4320 Whose e-mail is: Lpozzebon�ci.vernon.Vernon Health Department And whose mailing address is: City of Vern 4305 Santa Fe Avenue Vernon, CA 90058 Envision for Windows This License Agreement is for the use and support of a software product called Envision for Windows. The software includes computer programs, in object form, modifications made all related documentation and materials , The hereafter, in whole or in part, (hereinafter "CustwareOwill have Software is owned and copyrighted by no rights other than the license use rights granted in this License Agreement. License By this License Agreement Customer is granted a non -transferable, non-exclusive license to use the software described below.for u and only on Customer's computer system arty access to the Customer agrees not to allow any third p Software without written permission from DSC. ersion of t ll be installed on A single production v4305oSantael Fe Avenue, Vernon, CA a local area network located at 90058. Software only for backup and archival purposes. Customer may copy ro iate records on the quantity Customer agrees to maintain appropriate and location of all such copies, in whole or in,.in anSC form. customer shall receive prior written approval other before copying any portion of the Software for any purpose than backup or archival use. EXHIBIT C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16'' 17 18 19 20 21 22 23 24 2! 21 2' 2 4. Support Services Provided by DSC The following services are included in the license and support price: a. Telephone Support - DSC will provide telephone support via a toll free number for Customer "How to's" or problem in onto resolution. Problem resolution could involve logging Customer's system through the Internet or a modem. This support will be provided during DSO's regular business hours which are 8:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday. b. Software Maintenance - DSC will provide software required maintenance, which includes bug fixes, and any modifications to keep the Software in conformance with the specifications contained in the then current DSC Reference Manual. DSC will amend the specifications only to remove documentation errors, provide consistency of interpretation or describe improvements to the Software. DSC Will correct. any error or malfunction in the software which prevents from operating in conformance wi�easonabh the lecifications, or alternative that. DSC will provide a commercially expense. will conform to the specifications at DSO's If Customer's system is inoperable due tona re the roductheniburrent le error or malfunction, and Customer is rousing continuous effort release of the Software, DSC will p to correct the error or malfunction. c. upgrades and Enhancements - DSC will periodically make available to Customer upgrades and enhancements to the Software. DSC will provide the necessary instructions and software tools for Customer to effect upgrades and modifications at DSO's expense-. Customer will operate and maintain itsf�WaremanDSCmwillent system at the current release level of the So of the current release, and continue provide technical support ort for one year after the release of to provide technical supp a new version of the Software. DSC wilrior°versionslofttheto. provide technical support or maintain p Software beyond the one year overlap period. upgrades Although DSC will make all reasonable effortsrt pm ke,up and enhancements within the License and Supp SC will have the sole discretion decide billablesofferingls a no charge upgrade or enhancement,ornot be Billable offerings areoptional, to tnmaintain the ocurrent mer lrelease required to purchase the level. d. user Group Participation - Customer may send representatives EXHIBIT • to any user group meeting conducted by DSC. DSC will 1 establish user group meetings in Southern California. DSC will provide Customer with adequate written n twice of the 2 user group meetings so that Customer may sendrepresentative if Customer so desires. 3 e. Refresher Training - There will be no charge for freser 4 training conducted at DSC's office on mutually Agreeable dates, if the material was covered and the atteendeesherwas 5 included in the Customer's initial training. training does not include training for new Software or trained 6 Customer staff who have not. been ained before, which are fee -based items. New software training charges nocanded 7 in the services under Exhibit B will need to be quoted approved by modification of this License Agreement •or a new 8 license agreement. 9 5. Customer Responsibilities Customer is responsible for the following: 10 a. Provide personnel whom Customer believes are knowledgeable, competent operators with an understanding of Customer's 11 operations. to properly prepare b. Schedule on -site or classroom training 12 Customer's staff for using the Software. change, c. Backup files and programs daily, or whenever they 13 and keep the backup in a secure place. d. Notify DSC as soon as problems appear. 14 6. Customer Responsibilities Upon Termination 15 Customer will cease using the Software immediately, -upon termination of the License Agreement. Customer within will hfurnish irty (30) DSCaan 16 after termination for any re affidavit certifying that the original and all copies, in whole 17 or in part, of the Software have been returned to DSC or destroyed by Customer. DSC acknowledges 8that dataeroaded into 1s the Software is owned and controlledY the 19 7, Employment by Customer of DSC's Staff provided If Customer, directly hires a DSC specialist who has 20 service to Customer within six (6) months of specialist'Sto 21 termination from DSC, Customer will pay DSC an amount equal six (6) months wages of specialist at time of termination. 22 g. Limitation of DSC's Warranty and Liabilityrovide the Software to 23 DSC will make every reasonable effort to p the Customer. manage the environmental health data required by 24 DSC warrants .:.that the media used to deliver thdefectsarand if to 25 Customer is free from mechanical or recording defect the such defects are found, DSC will immediately repla26 defective media. 27 DSC will not be liable for any damage resulting from loss of data (unless caused by DSC staff accessing Customer'scomp 28 for any profits, use of products, claims by third EXHIBIT C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT D Pricing Schedule (Revised) �. ANNUAL LICENSE AND SUPPORT FEES A. Envision for Windows License Fee ..................... $ 9, 780.00 B. Field Inspection Software .......................................... $ 8,750.00 PAYMENT SCHEDULE: FIRST YEAR 25% within 30 days following the effective date of the Agreement (provided Contractor has supplied the appropriate certificate of insurance) 25% within 30 days following the delivery of Software 30% within 30 days following the pre -acceptance testing 20% within 6 months following the installation of the Software, or the Customer's written acceptance of the delivery and installation of the Software, whichever comes first. SUBSEQUENT YEARS FOLLOWING FIRST YEAR Full payment within 30 days following the annual anniversary date of the effective date of the Agreement, or invoicing by Contractor, whichever is later 2. THIRD PARTY SOFTWARE PURCHASE A. Sybase SQL Anywhere License .................................... $ 2,265.00 B. Crystal Reports Developer License .................. $ 500.00 3. INITIAL TRAINING SERVICES Nine days training at Customer's site for up to 6 people............................................................................................................... $15, 855. 00 PAYMENT SCHEDULE: 100% within 30 days following the completion of training dates 4. DATA CONVERSION Conversion of SWEEPS, HP Mainframe, Filemaker Pro andMSDS data ......................................................... $17, 500.00 PAYMENT SCHEDULE: 30% within 30 days following the effective date of Agreement (provided Contractor has supplied the appropriate certificate of insurance) 50% within 30 days of an Initial Data Conversion Specification 20% within 30 days of Acceptance of the Converted Data 5. HOURLY / TRAINING RATE 120.00 HOURLY RATE ............... $ .................... (initial) (initial) �C� (initial) EXHIBIT MEMORANDUM RISK MANAGEMENT/PERSONNELVT TO: Gloria Orosco, Chief Deputy City Clerk FROM: Joan Francone, Risk Manager DATE: July 19, 2001 SUBJECT: DECADE SOFTWARE COMPANY This is to advise you that the above referenced has provided acceptable insurance coverage. Please contact me if you have any questions. JF/fs Enclosure cc: Lewis Pozzebon, Director of Environmental Health Resolution File No. 7756 Agreement File No. 01-036 MEMORANDUM RISK MANAGEMENT/PERSONNEL TO: Gloria Orosco, Chief Deputy City Clerk FROM: Joan Francone, Risk Manager DATE: July 19, 2001 SUBJECT: DECADE SOFTWARE COMPANY This is to advise you that the above referenced has provided acceptable insurance coverage. Please contact me if you have any questions. JF/fs Enclosure cc: Lewis Pozzebon, Director of Environmental Health Resolution File No. 7756 Agreement File No. 01-036 A,CORIZ CERTIFICATE OF LIABILITY INSURANCE aiio%2001 PROdUCER (415) 788-9810 FAX (415)397- 5530 ISU/Insurance Services of S.F. 100 Pine Street, Suite 1700 License #0778092 San Francisco, CA 94111 INSURED California Assn Of Environmental Health Admii CAEHA 3700 Chaney Court Carmichael, CA 95608 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: General Star Indemnity C/O Black -White INSURER B: INSURERC: INSURER0: INSURER E: 6 V V Cr[HV CJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVEPAT DAT MID Y XPIRATION MID LIMITS A GENERAL LIABILITY X GENERAL LIABILITY CLAIMS MADE FE OCCUR IMA651593A 08/12/200012/2001 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,00 MED EXP (Any one perso $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ Included GECOMMERCIAL N'L AGGREGATE LIMIT APPLIES PER POLICY JE a 17 LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS MA651593A 08/12/2000 08/12/2001 COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ H. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WCSTATU­ TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE ES E.L. DISEASE - POLICY LIMIT $ OTHER DE OF OPERATIONSILOCtATIONSIVEHICLES/EXCLUSIONyS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ertificate Holder is named as Additional Insured per CG2010 attached. VCR 111'WN1G nvr_u��� MVVII IVIYM4. „YJVRGV,vwV..V.. w�..- ---- --- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Vernon : City Clerk BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY At t n At t n Santa Cl Ave OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Vernon, CA 9OO5H AUTHORIZED REPRESENTATIVE Tracv Mundv/SIOBHA/�` A,COR£ , CERTIFICATE OF LIABILITY INSURANCE 06/20//2001 PROCUCER (415) 788-9810 FAX (415) 397- 5530 ISU/Insurance Services of S.F. 100 Pine Street, Suite 1700 License #0778092 San Francisco, CA 94111 INSURED California Assn Of Environmental Health Admil CAEHA 3700 Chaney Court Carmichael, CA 95608 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: General Star Indemnity C/O Black -White INSURER B: INSURERC: INSURERD: INSURER E GUV tKAlitS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R LTR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR IF-- POLICY NUMBER IMA651593A POLICY EFFECTIVE T M IDD/YY 08/12/2000 POLICY EXPIRATION _DATE M 08/12/2001 LIMITS EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one Perso $ 1,000 PERSONAL & ADV INJURY $ 1, 0O0,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS • COMP/OP AGG $ Included GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO• LOC JECT A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS '- IMA651593A 08/12/2000 08/12/2001 -- COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY FWC_ TORY LIMBS ER E.L. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYE $ E.L. DISEASE . POLICY LIMB 1 $ OTHER DESCRIPTIQN OF OPERATIONSILOCtATIONSNEHICLES/EXCLUSIONS ADD D BY ENDORSEMENTISPECIAL PROVISIONS ertificate Holder is named as Additional Insured per CG2010 attached. UtK I IrltiA I C nV1.VGR I I AUUI I IUNAL City of Vernon Attn: City Clerk 4305 Santa Fe Ave Vernon, CA 90058 11YAVRGR lG1c1` � •••----"- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILIENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE-� %'%i IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. W IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. G City of Vernon 06/20/2t _Certificate issued to City of Vernon ISU/Insurance Services of S.F. 06/20/2001 POLICY NUMBER: IMA651593A COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: 0 City of Vernon, its officers, and employees. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to their liability arising out of your ongoing operations performed for that insured. 11 ,1� OR City of Vernon 06/20/21 Certificate issued to City of Vernon ISU/Insurance Services of S.F. 06/20/2001 POLICY NUMBER: IMA651593A COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Vernon, its officers, and employees. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. WHO IS AN INSURED (Section 11) is amended to include as an insured the person or, organization shown in the Schedule, but only with respect to their liability arising out of your ongoing operations performed for that insured. ACORD,. CERTIFICATE OF LIABILITY INSURANCE 06 12/01 PRODUCER Kell Nane Insurance Y- Y 445 West Dakota Suite 102 Fresno, CA 93705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDBY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Decade Software Company 1218 W . Paul Avenue Fresno, CA 93711 INSURERAThe Hartford INSURER B: INSURER Cc INSURERD: INSURER P. l..V V CtSMNC�I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR POLICY NUMBER 51 UUC FH 3 210 POLICY EFFECTIVE 0 2 / 10 / 01 POLICY EXPIRATION 0 2 / 10 / 0 2 LIMITS EACH OCCURRENCE $1 , 0 0 0, 000 FIRE DAMAGE (Any one fire) $ 300, 000 MED EXP (Any one person) $ 10, 000 PERSONAL & ADV INJURY $1, 0 0 0 , 000 GENERAL AGGREGATE s3,000,000 PRODUCTS - COMPIOP AGG $EXCLUDED GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 51 UUC FH 3 210 0 2 / 10 / 01 0 2 / 10 / 0 2 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 BODILY INJURY IPer person) -' $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) 8 GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION 8 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EACH OCCURRENCE $ AGGREGATE $ _ $ 8 WC ST TU- OTH- T 8 - E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS THE CITY OF VERNON AND ITS OFFICERS ARE NAMED AS ADDITIONAL INSURED TEN DAY NOTICE OF CANCELLATION FOR NONPAYMENT CERTIFICATE HOLDER I X I ADDITIONAL INSURED: INSURER CITY OF VERNON ATTN: JOAN FRANCONE, RISK 4305 SANTA FE AVENUE VERNON, CA 90058 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ® ACOR CORPORATION 1988 ACORD 25-S (7/97) . CERTIFICATE OF LIABILITY INSURANCE 06M Doi PRODUCER Kell Nane Insurance Y' Y 445 West Dakota Suite 102 Fresno, CA 93705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS- UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Decade Software Company 1218 W . Paul Avenue Fresno, CA 93 711 -t INSURERA:The Hartford INSURER B: INSURER C: INSURER 0: INSURER E: %oU V Cr`1#%UC.7 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ®OCCUR POLICY NUMBER 51 UUC FH 3 210 POLICY EFFECTIVE 0 2 / 10 / 01 POLICY EXPIRATION 0 2 / 10 / 0 2 LIMITS EACH OCCURRENCE $1 , 0 0 0, 0 0 0 FIRE DAMAGE (Any one tire► $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1, 0 0 0 0 0 0 GENERAL AGGREGATE s3,000,000 PRODUCTS . COMP/OP AGG $EXCLUDED GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO• LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 51 UUC FH 3 210 0 2 / 10 / 01 0 2 / 10 / 0 2 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY IPer person) $ BODILY INJURY IPer accident) $ X X PROPERTY DAMAGE IPer accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT III OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION 8 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EACH OCCURRENCE 8 AGGREGATE $ 8 B WC STATU• IOTH- 8 E.L. EACH ACCIDENT S E.L. DISEASE . EA EMPLOYEE 8 E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF VERNON AND ITS OFFICERS ARE NAMED AS ADDITIONAL INSURED TEN DAY NOTICE OF CANCELLATION FOR NONPAYMENT CERTIFICATE HOLDER -X INSURER LETTER: _ CANCELLAI CITY OF VERNON ATTN: JOAN FRANCONE, RISK MANAG 4305 SANTA FE AVENUE VERNON, CA 90058 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE 25-S (7197) 0 ACOR ORPORATION 1988 JUNT10CUU1 IIUN i1-U1 Mil U1000LU 01 OLlL.III/1J LAS1 DECASOF-01 A ORD-. CERTIFICATE OF LIABILITY INSURANCE 16115101 ATE(MWDWM PRODUCER (559 ) 432 - 0222 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DiBuduo & DeFendis Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0243420 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW, P.O. Box 5479 Fresno CA 93755-5479 INSURERS AFFORDING COVERAGE IuSURERA: American international Specialty Lines Decade Software Company, LLC INSuRGRcc 1218 W. maul Avenue INSURER0. Fresno CA 93711-0000 INSURERE: OVERAGES THC POLICIES Or INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJCCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIASIL ITY MFRCIAL GENERAL LIABILITY CLAIMS MADCe 0 OCCUR L IMI r APPLIES PGR: AVTOMODILE UAHIUTY ANY AUTO ALLOW NCO AUI OS SCHL'OULED AUTOS HIRCO AUTOS NON•OW NI;O AUTO$ GARAGE LIABILITY ANY AUTO EXCESS LIABILITY OCCUR CLAIMS MADE ~ DEDUCTIBLE RFIGNTION $ WORKER$ COMPZNSATION AND EMPLOYERS' LIABILITY a COMBINED SINCLC LIMIT S (Ca acaa�nl) BODILY INJURY S (Ptu DW—) BODILY INJURY(put = OW46AI) PROPERTYDAMAGfc S (PW aoadmt) OTHERTIIAN Gar a AUTO ONLY. AGG S CACH I Nl RRC CF S �•L. EACH ACCIDENT S EJ.. OTSEAiE - EA EMVL0 Q S OTHER E.L. D16EASE -POLICY LIMIT S _. A Errors BOmiss)ons 2786938 9/1/00 8/1/01 $1,000,000 Eaoh Wrongful 0,000Aggregate DESCRIPTION OF OPCRATIONSILOCATIONSIVEIQCLF.SIEXCLUSIONS AODCO BY ENOORSEMENTISPLCIAL P2AVlsmux E;6 SHOULD ANY Of THE ABOVE DESCRIBEO POLICIES III CANCULLED 98PORE THE EXPIRATION OATC TNEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN City of Vernon NOT'CC TO THE CERTIFICATE HOLDER NAMED TO THE LB". BUT FAILURE TO DO $0 SHALL Attn a acan Franc One IMPOSE NO OBLICATION OR LtARKM Of ANY KIND UPON THE INSURER, IT$A"NTS OR 4305 Santa Fe Avenue REPa,sENTanvcs. VtIY•nOn CA 9 O O S B- AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) JUNvlb—[UU1 IIUIY 11-Ul till UIUUUIU Oc ULILIIUIa Iru i+ JJJtJ, J1, LAS1 DECASOF-01 FDiB OR©W CERTIFICATE OF LIABILITY INSURANCE DATE(MM)DOIYY) 6/15/Ol PRODUCER (559) 432 - 0222 THIS CERTIFICATE 13 ISSUED AS A MATTER OF i ORMATION uduo & DeFendie Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0243420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 5479 Fresno CA 93755-5479 INSURERS AFFORDING COVERAGE INSURED -' 04URERA AAmerican International Sneeiaity LIA.. Decade Software Company, LLC INSUREROc 1218 W. Paul Avenue INSURER0. - Fresno CA 93711-0000 INSURERE:- OVERAGES THE. POLICIES OF INSURANCE U$TED BELOW HAVC BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWiTHSTAN01N1 ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMCNT WITH RESPECT TO WHICH THIS CCRTIFICATE MAY N ISSUED OR MAY PERTAIN, THE TE 41 ITS AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RED DESCRIBED 8Y PAID �CLA;IMS. ,72 TYPE OF INSURANCE �J POLICY NUMBER I �: ISUq ETNF POLICY EXPIR/\TKSN T- ERAL LIABIL ITY COMMERCIAL OF'NERAL LUULILITY CLAIMS MADE 0 OCCUR L AGGRFQ.ATC UMIf APPLIES PER: AUTOM0131LE UAHILITY ANY AUTO ALL OW NED AVI OS SCHCOULEOAUTOS HUX0 AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCE53 LIABILITY _ OCCUR U CLAIMS MADE OEDVCIIdLE RFIL•NTION g _ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A I Errors & Omissions 2786938 ADOCO City of Vernon Attnt Joan Francone 4305 Santa Fe Avenue Vernon CA 90058- ACORD 25-S S IS DAMAGE (Any one fire D EXP (Any onn p~L RSONAL & ADV INJURY COMBINED SINCLCLIMIT S (Ca owdunl) BODILY INJURY = ro� Petwn) BODILY INJURY g `IP__at�CiCw+Ij PROPERTYOAMAGG g (Per wodnn1) OTHERTItAN c�nw s AUTOONLY: AGG S CACH OCCURRCNCE S t Irr.L. EACH ACCIDENT S E.L. DISEASE • EA LWPLOYEF I S E.L. DISEASE • POLICY LIMIT S ^� - 8 / 1 / 0 0 8 / 1/ Ol $1,000.000 Each Wrongful 0,000 Aggregate SHOULD ANY OF THE ABOVE OESCRIaEO POLICIES IN CANC&LIAM I ITORG THE EXPIRATION OATC THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL, 30DAYS WRITTEN NOTICC TO THE CERTIFICATE HOLDER NAMED TO THE L.EPT, BUT FAILURE TO 00 SO SHALL IMPOSE NO DRUCATION OR LIAIRJTY Of ANY KIND UPON THE INSURER, ITS AOSNTS OR REPRESENTATIVES. AUTHORMEO REPRESENTATIVE CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 July 25, 2001 Mr. Kevin Delaney, Owner Decade Software Company 4201 West Shaw Avenue, Suite 102 Fresno, Ca 93722 Dear Mr. DeLaney: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Thank you for providing the City with the proper insurance documentation. Enclosed is a fully executed duplicate original Agreement for Environmental Health Data Management Services and Decade Software Company Site License and Support Agreement for the use of Envision for Windows Software, which was approved by the Vernon City Council on May 23, 2001, through Resolution No. 7756. An original of same is have any questions; please of Environmental Health at GJO/mt being retained in this office. If you refer them to Mr. Lewis Pozzebon, Director Ext. 229. Very truly yours, Gloria J. Orosco Chief Deputy City Clerk CC: Lewis Pozzebon, Director of Environmental Health Mr. Justin Malan, Executive Director of California Assoc. of Environmental Health Administrators Agreement File #01-036 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 July 25, 2001 Mr. Justin Malan, Executive Director California Assoc. of Environmental Health Administrators 3700 Chaney Court Carmichael, CA 95608 Dear Mr. Malan: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Enclosed is a fully executed duplicate original Agreement for Environmental Health Data Management Services and Decade Software Company Site License and Support Agreement for the use of Envision for Windows Software, which was approved by the Vernon City Council on May 23, 2001, through Resolution No. 7756. An original of same is being retained in this office. If you have any questions; please refer them to Mr. Lewis Pozzebon, Director of Environmental Health at Ext. 229. Very truly yours, (1Aoria"_`je_. Orosco Chief Deputy City Clerk GJO/mt cc: Lewis Pozzebon, Director of Environmental Health Mr. Kevin DeLaney, Owner of Decade Software Company_ Agreement File 401-036 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 EDUARDO'OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 CITY HALL BRUCE W. OLSON 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief TELEPHONE (323) 583-8811 FAX: (323) 583-5236 June 5, 2001 Decade Software Company Attn: Kevin DeLaney, Owner 4201 West Shaw Avenue, Suite 102 Fresno, CA 93722 Re: Environmental Health Data Management Services Agreement Dear Mr. DeLaney: In accordance with Section 8 of said agreement, you are to furnish the City with proof of insurance prior to commencing the performance of services under the agreement. Please submit your proof of insurance to Joan Francone, Risk Manager, for review and approval. Upon receipt of said documentation this office will forward to you a fully executed duplicate original agreement. If you should have any questions please contact Joan Francone, at ext. 322. 4Veryuly yoursl J. coe ty City Clerk GJO:ng CC: Joan Francone Lewis Pozzebon Resolution File No. 7756 77 s: