Loading...
RES 2011-1178 - PO to Accela for license module I 10 t F°"AMH`''A% E°'fit f �,� Planning.Department l °s� , 1 , S �,L„olv Omaha/Douglas Civic Center ,� �) '�e k n C .y �} �; 1819 Farnam Street,Suite 1100 z Ii��1 - 1 i o , G " Omaha,Nebraska 68183 o� — --rye' _ (402)444-5150 o 6 v K i'ti Telefax(402)444-6140 �4TFDFolik 5 - ' .R 'Mass ° 4$t- ti tl 4=e 14'" "` ' rr R.E.Cunningham,RA,F.SAME City of Omaha Director Jim Suttle,Mayor October 4, 2011 Honorable President and Members of the City Council, Transmitted herewith is a resolution authorizing the Purchasing Agent to issue a Purchase Order to Accela for the attached License Module, and Professional Service agreement in the total amount of$74,769.19. Accela has on file a current Contract Compliance Report Form (CC-1). As is City policy, the Human Rights and Relations Department will review the contractor to ensure compliance with Contract Compliance Ordinance. The Finance Department is authorized to pay the cost of the purchase from Fund 11111 General Fund, Organization 119019 DOTComm.- City. The Planning Department recommends the acceptance of the quotes from Accela in the total amount of$74,769.19 and requests your consideration and approval of this resolution. Respectfully Submitted, Referred to City Council for Consideration: %....-41 1M11 ,L 2.rLG4' idiJ 2a/ �. ?iO 6/ . Cu ��:' • ` 'ME Date Mayor's Office Date Plannin: Director Appr• ed as to F ding: Approved: G ‘ --------- 9-gg4/ baj--,j 943/0 'am Spaccarotella Date Hu an Rights and Relations. Date Finance Director '�g17J Department 9232011 THA .Nco ' O I— t 'a Z Q O (h ~ Z Z m 0 Q (vUn-a d O m c>a) O i+ W I- . ca O F- C «S 13 U a) C O ' 2 U D 0 O 0 as D V p 0 ots "aa c Z m CIL al C 0 CO3 a) m 0 rn = O (a c . cn op 0 v Q Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- • Government Software September 8, 2011 Stu Craven Omaha, NE 1819 Farnam St Omaha, Nebraska 68183-1100 RE: Quote Number-SFDC-04838 Omaha NE License Module Dear Stu, Per your request, I have attached a price estimate for the products and services you requested. Please refer to the Notes section for detailed information regarding this quote. It includes information on submitting a purchase order, payment terms, professional services costs for on-site assistance (to be determined), hardware, or other equipment, and requirements for developing a final Statement of Work. This estimate is valid until September 30, 2011. If you have any questions regarding this estimate, please feel free to contact me at 303-378-0784 or via e-mail at apalizziaccela.com. Or Paul Montalvo at 925-659-3224 or via email at pmontalvoaccela.com. Regards, Anthony Palizzi Senior Account Executive Accela, Inc. Cc: Paul Montalvo Accela, Inc. ance Report Form (CC-1). As is City policy, the Human Rights and Relations Department will review the contractor to ensure compliance with Contract Compliance Ordinance. The Finance Department is authorized to pay the cost of the purchase from Fund 11111 General Fund, Organization 119019 DOTComm.- City. The Planning Department recommends the acceptance of the quotes from Accela in the total amount of$74,769.19 and requests your consideration and approval of this resolution. Respectfully Submitted, Referred to City Council for Consideration: %....-41 1M11 ,L 2.rLG4' idiJ 2a/ �. ?iO 6/ . Cu ��:' • ` 'ME Date Mayor's Office Date Plannin: Director Appr• ed as to F ding: Approved: G ‘ --------- 9-gg4/ baj--,j 943/0 'am Spaccarotella Date Hu an Rights and Relations. Date Finance Director '�g17J Department 9232011 THA .Nco ' O I— t 'a Z Q O (h ~ Z Z m 0 Q (vUn-a d O m c>a) O i+ W I- . ca O F- C «S 13 U a) C O ' 2 U D 0 O 0 as D V p 0 ots "aa c Z m CIL al C 0 CO3 a) m 0 rn = O (a c . cn op 0 v Q Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- Accela Cost Proposal • Accela has provided the following Software Costs in accordance with your request. Accela has provided the Software Cost for the following Modules: 1. Accela Licensing &Case Management 2. Accela Citizen Access All software is server based and version 7.1.0 N ��, or xo o O ° Uq N O O , , a a r"x C:yr r O rr; O p' C C° CD 0 N r O CD Nr • O .. CD rr-r A.) k. Snow Plow Page 5 of 6 on No. 1175 - Motion to adopt. Carried 7-0. c7...tA.:90j4 By s ) jotmcilmember OCT - 4 , 0 Adopted 411- Ci Clerk/0 Approved.... . . . Mayor Mayor 9 • 10 to a 10 o CT 0 Sri ai d U) a) 4 a) a N 0) N N. EA CT a) CO a) (0 e— co NA 01 •C tr) O tD CLO ) c) tn0 Eft EA EA EA EA z 0 0 r r .• r r C 7 0 c1 C a am) 0 0 0 0 c ar. t i ai tri' a rn a) a) a) w a) a) a) J O O N to EG a Ea Ea Ef) a) C m 4- W O 0 0 O O O 0 0 Ili a) . to a) a) a) 0) a) a) CD a) 0 'C F a tUo 6 V .. Efl VI a,, - . • C } • i- t- r r Cat O y U) L. = N E▪ al E2) • Zn'J Z a) t aa)) E o tL r. C c � c � � a) m p Ca 3 _ 5 = H a) Q N to N E4 O C r co C .L Co a) co -0 r < o En co rn U = Um 1-' to U) Nn v d. dco a c 0 c o 01 v a) a) D U C co .. Co U C U U < co• C N oh co .N Q Q Q C 2 co • C C EO N d C d d N aci a) Ni to (0 3 V a) a) 'Co 1 ._ w- uNN. u .... C aC) C o J JU) J2cc U U = U C J Q a to Eo .� rn ca (p .) Ca Eo cu a) d o < 4> N V) a) 3 a) a) C a) C C to a V U EV N o C V V U a) U - U O O 0 O Q acn a QQ a Q QU Q2 a I— co• 0 (III J E0o 0 0 0 Qn > N O CAI � Z U 2 Q0,_ �I r`� a Q • J Q U l\ki%�/ y U Qo U CT 0 0 0 0 0 C� �- A-. . J J D V p 0 ots "aa c Z m CIL al C 0 CO3 a) m 0 rn = O (a c . cn op 0 v Q Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- • • Government Software • EXHIBIT A • License Summary Table • Product Named User Licenses Net Price included Accela Licensing Management 5 $45,645.85 Accela Citizen Access $9,125.85 Total License $54,771.70 License Fees are fixed-price deliverables for which full payment is due upon signing. EXHIBIT B Maintenance Summary Table Product Number of License Cost Annual Maintenance and Named User Support Net Price Licenses Included Accela Licensing Management 5 $54,995.00 $10,999.00 Accela Citizen Access $10,995.00 $2,199.00 Accela Annual Maintenance Fee $13,198.00 Maintenance Fees are fixed-price deliverables for which full payment is due upon signing Cat O y U) L. = N E▪ al E2) • Zn'J Z a) t aa)) E o tL r. C c � c � � a) m p Ca 3 _ 5 = H a) Q N to N E4 O C r co C .L Co a) co -0 r < o En co rn U = Um 1-' to U) Nn v d. dco a c 0 c o 01 v a) a) D U C co .. Co U C U U < co• C N oh co .N Q Q Q C 2 co • C C EO N d C d d N aci a) Ni to (0 3 V a) a) 'Co 1 ._ w- uNN. u .... C aC) C o J JU) J2cc U U = U C J Q a to Eo .� rn ca (p .) Ca Eo cu a) d o < 4> N V) a) 3 a) a) C a) C C to a V U EV N o C V V U a) U - U O O 0 O Q acn a QQ a Q QU Q2 a I— co• 0 (III J E0o 0 0 0 Qn > N O CAI � Z U 2 Q0,_ �I r`� a Q • J Q U l\ki%�/ y U Qo U CT 0 0 0 0 0 C� �- A-. . J J D V p 0 ots "aa c Z m CIL al C 0 CO3 a) m 0 rn = O (a c . cn op 0 v Q Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- Accela Cost Proposal — NOTES 1. The pricing set forth herein reflects information generally known to Accela, supplied to Accela by the City of Omaha, NE. Further information gathered through detailed investigation by Accela is required before a final Statement of Work and pricing can be mutually agreed upon. Proposed Modules Accela Land Management Accela GIS Accela Citizen Access 2. Service costs are subject to a yearly increase based on CPI. 3. Prior to Contract execution, Accela may request a mutually agreed upon evaluation of the City of Omaha, NE business practices and operations in preparation of the final Statement of Work. 4. 3rd Party Software(Licenses required) -The following 3rd party software is not included in the Accela Software Installer. Separate licenses are required. • Adobe Acrobat Pro 10 (for redline/markup of Land Management electronic documents) • Railo, an open source CFML engine and the fastest CFML engine available • Microsoft SQL option—SQL Server 2008 or 2005 (SP3), Microsoft Windows Server 2008 (R2) • Oracle option—Oracle RDBMS version 11g or 10g • ArcGIS Server 9.3.x • ArcGIS Server Network Extension (for Accela GIS Optimized Routing module) • ArcGIS Engine(for Accela Mobile Office offline mapping of agency ESRI map data) • ArcGIS Engine Network Extension (for Accela Mobile Office offline routing, also requires Accela GIS Optimized Routing module) 5. The following 3rd party software is included in the Accela Software Installer. No additional licenses are required. • JBoss 4.2.3.GA with integrated Tomcat 6.x • Vembu SwisSQL API 1.7 (for MS SQL Server version only) • Java, version 1.5.0_13 • Jet Speed Portal Software version 1.6 • Jakarta Ant, version 1.7.0 • DataDirect ODBC/JDBC Drivers(Accela branded)for MS SQL Server only 6. City of Omaha, NE is responsible for applicable sales tax. 7. These costs are valid for 120 days. After the 120-day period, all prices are subject to change. This quote supersedes any previous written or verbal estimates. 8. All billing terms are due net 30 days from invoice. 9. 100% of license is due upon contract execution. Maintenance is due annually based on the anniversary of contract signing. Maintenance can increase up to 10% annually unless a multi-year maintenance agreement is executed. Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- 10. 100% of maintenance is due upon contract execution. Subsequent annual maintenance fees are due on the anniversary of the software delivery date or the specified start date of the initial maintenance term, whichever is first. Subsequent annual maintenance fees will be calculated at 20%of then-current list software license fees unless otherwise specified in this quote. 11. 15% of services are due upon contract execution and the remaining 85% due upon mutually agreed to milestones during the course of the implementation. 12. Accela proposes that the parties negotiate all payment schedule terms in good faith, using Accela's standard payment schedule (described above) as a starting point for such negotiations. 13. Expenses will be billed as incurred. Professional services will be billed at a rate of$185.00 per hour. Training will be billed at a rate of$225.00 per hour. Billing terms for professional services, training, and expenses are Net 30. 14. This estimate does not include any 3rd party hardware or software costs. Accela is not a reseller of such products and is not authorized to provide estimates on behalf of these 3rd party hardware or software companies. Hardware and software requirements are outlined within the proposal and the appropriate hardware or software vendor should be contacted for special pricing specific to City of Omaha, NE. Accela Financial Services Accela Financial Services TM is a tax-exempt municipal lease program for agencies that want an easy and affordable way to fund their e-government projects. Accela Financial Services is offered in partnership with Government Capital Corporation, a public finance investment bank providing professional financing services to governmental entities. Tax-exempt leases allow your agency to fund 100% of a project with no down payment, and no obligation to make payments for the first year. Since the interest earned by the lender is exempt from federal income tax, borrowing rates for agencies tend to be lower than commercial bank rates. Accela is willing to discuss an Accela Financial Services option for the City of Omaha, NE. bal estimates. 8. All billing terms are due net 30 days from invoice. 9. 100% of license is due upon contract execution. Maintenance is due annually based on the anniversary of contract signing. Maintenance can increase up to 10% annually unless a multi-year maintenance agreement is executed. Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- • < CE Government Software September 8, 2011 Stu Craven Omaha, NE 1819 Farnam St Omaha, Nebraska 68183-1100 RE: Quote Number-SFDC-04786 Omaha, NE-4 Days Onsite Business Analysis Dear Stu, Per your request, I have attached a price estimate for the services you requested. Please refer to the Notes section for detailed information regarding this quote. It includes information on submitting a purchase order, payment terms, professional services costs for on-site assistance (to be determined), hardware, or other equipment, and requirements for developing a final Statement of Work. This estimate is valid until September 30, 2011. If you have any questions regarding this estimate, please feel free to contact me at 303-378-0784 or via e-mail at apalizzia,accela.com. or Paul Montalvo at 925-659-3224 or via email at pmontalvo0accela.com. Regards, • Anthony Palizzi Senior Account Executive Accela, Inc. Cc: Paul Montalvo Accela, Inc. ot a reseller of such products and is not authorized to provide estimates on behalf of these 3rd party hardware or software companies. Hardware and software requirements are outlined within the proposal and the appropriate hardware or software vendor should be contacted for special pricing specific to City of Omaha, NE. Accela Financial Services Accela Financial Services TM is a tax-exempt municipal lease program for agencies that want an easy and affordable way to fund their e-government projects. Accela Financial Services is offered in partnership with Government Capital Corporation, a public finance investment bank providing professional financing services to governmental entities. Tax-exempt leases allow your agency to fund 100% of a project with no down payment, and no obligation to make payments for the first year. Since the interest earned by the lender is exempt from federal income tax, borrowing rates for agencies tend to be lower than commercial bank rates. Accela is willing to discuss an Accela Financial Services option for the City of Omaha, NE. bal estimates. 8. All billing terms are due net 30 days from invoice. 9. 100% of license is due upon contract execution. Maintenance is due annually based on the anniversary of contract signing. Maintenance can increase up to 10% annually unless a multi-year maintenance agreement is executed. Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- • Government Software • Accela Professional Services Cost Proposal Product Net Price Travel and Expenses Estimate $1,133.25 Professional Services General- Implementation Consultant II $5,666.24 4 Days Onsite Total Professional Services $6,799.49 xo o O ° Uq N O O , , a a r"x C:yr r O rr; O p' C C° CD 0 N r O CD Nr • O .. CD rr-r A.) k. Snow Plow Page 5 of 6 on No. 1175 - Motion to adopt. Carried 7-0. c7...tA.:90j4 By s ) jotmcilmember OCT - 4 , 0 Adopted 411- Ci Clerk/0 Approved.... . . . Mayor Mayor 9 • Government Software Accela Cost Proposal — NOTES 1. The pricing set forth herein reflects information generally known to Accela, supplied to Accela by the City of Omaha, NE. Further information gathered through detailed investigation by Accela is required before a final Statement of Work and pricing can be mutually agreed upon. Proposed Services 4 Days Onsite Professional Consulting Services 2. Service costs are subject to a yearly increase based on CPI. 3. Prior to Contract execution, Accela may request a mutually agreed upon evaluation of the City of Omaha, NE. business practices and operations in preparation of the final Statement of Work. 4. 3rd Party Software(Licenses required) -The following 3rd party software is not included in the Accela Software Installer. Separate licenses are required. • Adobe Acrobat Pro 10 (for redline/markup of Land Management electronic documents) • Railo, an open source CFML engine and the fastest CFML engine available • Microsoft SQL option—SQL Server 2008 or 2005 (SP3), Microsoft Windows Server 2008 (R2) • Oracle option—Oracle RDBMS version 11 g or lOg • ArcGIS Server 9.3.x • ArcGIS Server Network Extension (for Accela GIS Optimized Routing module) • ArcGIS Engine (for Accela Mobile Office offline mapping of agency ESRI map data) • ArcGIS Engine Network Extension (for Accela Mobile Office offline routing, also requires Accela GIS Optimized Routing module) 5. The following 3rd party software is included in the Accela Software Installer. No additional licenses are required. • JBoss 4.2.3.GA with integrated Tomcat 6.x • Vembu SwisSQL API 1.7 (for MS SQL Server version only) • Java, version 1.5.0_13 • • Jet Speed Portal Software version 1.6 • Jakarta Ant, version 1.7.0 • DataDirect ODBC/JDBC Drivers (Accela branded)for MS SQL Server only 6. City of Omaha, NE. is responsible for applicable sales tax. 7. These costs are valid for 120 days. After the 120-day period, all prices are subject to change. This quote supersedes any previous written or verbal estimates. erms are due net 30 days from invoice. 9. 100% of license is due upon contract execution. Maintenance is due annually based on the anniversary of contract signing. Maintenance can increase up to 10% annually unless a multi-year maintenance agreement is executed. Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- 8. All billing terms are due net 30 days from invoice. 9. 100% of license is due upon contract execution. Maintenance is due annually based on the anniversary of contract signing. Maintenance can increase up to 10% annually unless a multi-year maintenance agreement is executed. 10. 100% of maintenance is due upon contract execution. Subsequent annual maintenance fees are due on the anniversary of the software delivery date or the specified start date of the initial maintenance term, whichever is first. Subsequent annual maintenance fees will be calculated at 20% of then-current list software license fees unless otherwise specified in this quote. 11. 15% of services are due upon contract execution and the remaining 85% due upon mutually agreed to milestones during the course of the implementation. 12. Accela proposes that the parties negotiate all payment schedule terms in good faith, using Accela's standard payment schedule (described above) as a starting point for such negotiations. 13. Expenses will be billed as incurred. Professional services will be billed at a rate of$185.00 per hour. Training will be billed at a rate of$225.00 per hour. Billing terms for professional services, training, and expenses are Net 30. 14. This estimate does not include any 3rd party hardware or software costs. Accela is not a reseller of such products and is not authorized to provide estimates on behalf of these 3rd party hardware or software companies. Hardware and software requirements are outlined within the proposal and the appropriate hardware or software vendor should be contacted for special pricing specific to City of Omaha, NE. Accela Financial Services Accela Financial Services TM is a tax-exempt municipal lease program for agencies that want an easy and affordable way to fund their e-government projects. Accela Financial Services is offered in partnership with Government Capital Corporation, a public finance investment bank providing professional financing services to governmental entities. Tax-exempt leases allow your agency to fund 100% of a project with no down payment, and no obligation to make payments for the first year. Since the interest earned by the lender is exempt from federal income tax, borrowing rates for agencies tend to be lower than commercial bank rates. Accela is willing to discuss an Accela Financial Services option for the City of Omaha, NE. ce agreement is executed. Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- C-25A • CITY OF OMAHA LEGISLATIVE CHAMBER ,- 'Ornaha,Nebrdska October 4, 2011 , - RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the quotes received for the purchase of the Accela Liccnsing Module, and Professional Service agreement; and, — .., WHEREAS, Accela with two quotes totaling $74,769.19 for the purchase of Accela Licensing Module and Professional Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Purchasing Agent be authorized to issue a purchase order to Accela for the purchase of the Licensing Module, and Professional Services in the amount of$74,769.19; and, that the Finance Department is authorized to pay this cost from General Fund 11111, DOTComm- City Organization 119019. APPROVED AS TO FO • • CITY ATTORNEY ATE 9232011THA - - . %Armetej By C ncilmember Adopted oa - 4 201-1--------- --e9 Ci Clerk 0AI Approved "/91,* Mayor xpenses are Net 30. 14. This estimate does not include any 3rd party hardware or software costs. Accela is not a reseller of such products and is not authorized to provide estimates on behalf of these 3rd party hardware or software companies. Hardware and software requirements are outlined within the proposal and the appropriate hardware or software vendor should be contacted for special pricing specific to City of Omaha, NE. Accela Financial Services Accela Financial Services TM is a tax-exempt municipal lease program for agencies that want an easy and affordable way to fund their e-government projects. Accela Financial Services is offered in partnership with Government Capital Corporation, a public finance investment bank providing professional financing services to governmental entities. Tax-exempt leases allow your agency to fund 100% of a project with no down payment, and no obligation to make payments for the first year. Since the interest earned by the lender is exempt from federal income tax, borrowing rates for agencies tend to be lower than commercial bank rates. Accela is willing to discuss an Accela Financial Services option for the City of Omaha, NE. ce agreement is executed. Z O O C O co(I) ++ Z ApC - C co CZ H O � N' c o O O oE0 0m CO0. ? p y U 0tn CO I— O < 0 O N IED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 3. BUYER'S REMEDIES If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Wausau as provided in paragraph 1, and shall make the product available for inspection by Wausau or its designated agent. At the request of Wausau any defective part shall be returned to Wausau for examination,with transportation charges prepaid. Within a reasonable time Wausau shall provide, at its option, repair or replacement of any nonconforming or defective parts. This warranty does not cover labor, travel and out-of-pocket expenses unless approved in writing by Wausau. All warranty claims must be submitted on Wausau's Warranty Claim Form. This warranty is void if the original invoice is not paid in full within the specified terms. 4. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES • THE REMEDIES DESCRIBED ABOVE SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. IN NO EVENT SHALL WAUSAU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR OUT OF THE EQUIPMENT, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF WAUSAU OR FROM OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY, AND WAUSAU'S LIABILITY SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER,WHICH AMOUNT MAY BE REDUCED DUE TO DEPRECIATION AND DAMAGE BEYOND NORMAL WEAR AND TEAR. BUYER UNDERSTANDS THAT THE LIMITATION OF WAUSAU'S LIABILITY RELATING TO THE EQUIPMENT IS A MATERIAL TERM OF THE PARTIES'TRANSACTION. Corporate Headquarters: Wausau Equipment Co.,Inc.. Everest Equipment Co. Wausau-Everest,L.P. 1905 South Moorland Road 1077 Westmount 1905 South Moorland Road New Berlin.WI 53151-2321 U.S.A. Ayers Cliff,Quebec JOB 1C0 CANADA New Berlin,WI53151-2321 U.S.A. 560-788-6066 819-838-4257 800-788-6066 262-784-6066 819-838-5653 fax 262-784 6066 262-784-6720 fax • 262-784-6720 fax ISO 9001.2000 certified Visit us at www.wausau-everest.com Rev. 10/2010 0. ' (oWONco 4 32 3 m I- Q I- U. m a. O CJ cc I- at 0 a z4 a. 3 ca 00 7 03 0 1Z 2 Cl) 0 Cl) I- AO A) 69 C/) P '-• N HI1 . ii p'� `C 0 (p UQ l_nV� CD cp IL C� N CD .. 0 al. \ '71 a 0 0 0 R+ o Q- � daa � 4. , 0 cm iUh. i~c CD v)' O N O 4 M • 1 xr ' . , `M ii k • O .. CD rr-r A.) k. Snow Plow Page 5 of 6 on No. 1175 - Motion to adopt. Carried 7-0. c7...tA.:90j4 By s ) jotmcilmember OCT - 4 , 0 Adopted 411- Ci Clerk/0 Approved.... . . . Mayor Mayor 9