July 20, 2010 p.L"? A I r

dp?m '.., LOS ANGELES . F ? ~ T : DEPARTMENT

MILLEAGE PEAKS F I R E C H I E F

June 21, 2010 BOARD OF FIRE COMMISSIONERS FILE NO. - - .-

TO: Board of Fire Commissioners

FROM : Millage Peaks, Fire chief,-. *

SUBJECT: SECOND AMENDMENT TO CONTRACT NO. C-112520 WrrH DECADE SOFIWARE COMPANY, LLC, TO EXTEND THE TERM OF THE AGREEMENT AND INCLUDE THE IMPLEMENTATION AND MAINTENANCE OF THE ENVISIONCONNECT PORTAL

FINAL ACTION: - Approved - Approved wlcorrections - Withdrawn - Denied - Received & Filed - Other

Recommendations: That the Board:

1. Approve the recommendations of staff.

2. Approve the attached Second Amendment with Decade Software Company, LLC, to extend the term of Agreement No. C-112520 from August 1, 2010 through July 31, 2011.

3. Approve the inclusion of the implementation and maintenance of the Envisionconnect Portal as licensed by Decade Software Company, LLC.

4. Direct the Board Office to forward this Second Amendment to the Mayor, in accordance with Executive Directive No. 3.

5. Subject to the approval of the Mayor and the City Council, authorize the Fire Chief to execute the Second Amendment with Decade Software Company, LLC.

6. Authorize the Fire Chief to renew this agreement up to five (5) additional one (1) year terms.

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Summary:

The Los Angeles Fire Department (Department) was certified as a Unified Program Agency in July 1997. As a Certified Unified Program Agency (CUPA), the Department is charged with the responsibility of implementing State and Federal hazardous materials and hazardous waste regulations for facilities within the jurisdiction of the City of Los Angeles. This responsibility includes: inspections, funding distribution, billing and fee collection, and permitting for six (6) CUPA program elements. Furthermore, as a CUPA, the Department is required by State law to collect and maintain hundreds of data elements for over 11,000 businesses regulated by the program.

Assembly Bill (AB) 2286 requires the Department to obtain and process CUPA regulated businesses via the Internet by January 1, 2013. In compliance with AB-2286, the Department has requested funding to implement the EnvisionConnect Portal. The EnvisionConnect Portal is a web-based module that will allow the Department's CUPA to obtain information, process online payment, renew permit, publish public information and transfer all Internet data submissions, integrates seamlessly with the EnvisionConnect 'back-end', and allows an agency to easily share required data with other departments and regional agencies. The EnvisionConnect Portal also facilitates the Department towards e-commerce.

The Department has a two-year agreement with Decade spanning from August 1, 2007 through July 31, 2009 for the Envision software license and support and the first amendment to extend the contract until July 31, 2010. The Department requests approval by the Mayor and City Council for a second amendment to extend the contract agreement beyond the three-year term, include the implementation and maintenance of the EnvisionConnect Portal and authorize the renewal of this agreement for up to five (5) additional one (1) year terms. The second amendment has been reviewed and approved as to legality and form by the Office of the City Attorney.

Fiscal Im~act :

The Department's CUPA program is a fully funded and fee-supported program. The implementation of Envisionconned Portal project was approved this fiscal year 2009-10 for $200,000 in the MIS E-Commerce budget item, which includes the following:

One-time implementation services of the EnvisionConnect Portal $100,000 Annual License and Support Services for EnvisionConnect Portal $ 60,000 Hardware Server $ 40,000

Conclusion:

Approval of the Second Amendment with Decade will facilitate the Department's compliance with the AB-2286 e-reporting requirements. I t will also assist the Department in reaching its goal towards e-commerce.

Board report prepared by Kathy Nguyen, Senior Systems Analyst 11, Management Information Systems Division.

Attachment

SECOND AMENDMENT TO AGREEMENT NO. C-I12520 BETWEEN

THE CITY OF LOS ANGELES AND

DECADE SOFTWARE COMPANY, LLC

THIS agreement (hereinafter 'Second Amendment') between the City of Los Angeles (hereinafter referred to as the "City"), a municipal corporation acting by and through the Los Angeles Fire Department (hereinafter referred to as the "Fire Department"), and Decade Software Company, LLC, (hereinafter referred to as the "Contractor"), is entered into with reference to the following:

WHEREAS, the Fire Department will be required to comply with State Assembly Bill 2286, which mandates a Certified Unified Program Agency ("CUPA") to report to the State via electronic reports; and

WHEREAS, the Fire Department is a CUPA; and

WHEREAS, in addition to the products that the Contractor currently provides to the Fire Department, Contractor licenses the Envisionconnect Portal ("Portal") to its existing operative software, the Envision/EnvisionConnect Product Suite. The Portal integrates seamlessly with Envision/EnvisionConnect and is used to manage submittal of electronic CUPA forms and fee payments via the Internet; and

WHEREAS, the Envision/EnvisionConnect Product Suite will allow the Fire Department to fulfill the requirements of State Assembly Bill 2286; and

WHEREAS, the Contractor has acquired the rights from ecompliance, the Portal's developer, to license, to provide technical, operational and training support services for the Portal and to train Fire Department staff and other stakeholders in the use of the Portal; and

WHEREAS, the Fire Department desires to obtain from Contractor a non-exclusive, non-assignable, non-transferable, non-sublicensable license to the Portal for a term beginning with the execution of this Amendment, and concurrent with the term of Agreement C-112520 ("Agreement"); and

WHEREAS, at the sole discretion of the Fire Chief, the Agreement in this second amendment may be renewed for up to five (5) additional one (1) year terms, unless terminated by either Party as set forth herein; and

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WHEREAS, the City will receive the Portal deliverables as outlined in Appendix F, the Statement of Work; and

NOW, THEREFORE, in consideration of the above premises, and the mutual covenants and agreements herein contained, the parties hereto agree as follows:

The following attachments are included in this Amendment:

Attachment Description Appendix A Client Volume Levels and System Applications Used Appendix C Total Fees Appendix D Payment Schedule Appendix F Portal Statement of Work (PSOW)

1. Section B1 of Article 1 is hereby amended to replace "Douglas Barry, Fire Chief' with "Millage Peaks, Fire Chief."

Section B3 of Article 1 is hereby amended to replace the Contractor's representative information with the following:

Kevin Delaney, Managing Member 4201 West Shaw Ave, # 102 Fresno, California 93722 Phone: (559) 271-2890 Ext 703 Fax: (559) 271-2892 E-mail: kevindelanev@decadesoftware.com

All other information under Article 1 will remain the same.

2. 'Support Services', Section B of Article 6, is hereby amended to include the following Portal Services:

Configure Netserver

Data Backup

Telephone Support provided during Contractor's regular business hours (8:OOAM to 5:00PM, PST, Monday through Friday, with Federal and State holidays excluded)

Upgrades, Revisions and Technical Support

Database Backup and Restoration

Maintenance of all state mandated CUPA forms

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Envisionconnect Integration

3. Appendix A, CLIENT VOLUME LEVELS AND SYSTEM APPLICATIONS USED, of Agreement No. C-112520 is replaced in its entirety as contained herein.

4. Appendix C, TOTAL FEES, of Agreement No. C-I 12520 is replaced in its entirety as contained herein.

5. Appendix Dl PAYMENT SCHEDULE of Agreement No. C-I 12520 is replaced in its entirety as contained herein.

6. Appendix F, PORTAL STATEMENT OF WORK is hereby added to be included in the Agreement.

7. All the terms, limitations and disclaimers pertaining to the Products described in the Agreement No. C-112520 shall likewise apply to the Portal.

8. Except as amended by this Second Amendment, all other provisions of City Contract C-112520 shall remain in full force and effect. This Amendment includes nineteen (19) pages, and constitutes the complete understanding and agreement between the parties. This Amendment is executed in four (4) copies, each of which is deemed to be an original.

[Signature page to follow.]

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.

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