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HomeMy WebLinkAbout6615_CCv0001.pdf RESOLUTION NO. 6615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING SPECIFIC FEES AND CHARGES TO RECOVER COS"T"S REASONABLY BORNE Whereas, Chapter 3.16 of the Redlands Municipal Code requires the ascertainment of recovery of costs reasonably borne from fees and charges levied therefor in connection with the City's provision of regulations, products and services; and Whereas, pursuant to a study entitled "General Fund User Fee Study Findings - City of Redlands," dated November. 2006, produced by Public Management Group, LLC and other data supplied by City Staff,the City Council has adopted Ordinance No.2650 to establish the percentage of costs reasonably borne to be recovered for the regulations, products and services enumerated in Chapter 3.16 of the Redlands Municipal Code; and Whereas,on December 5,2006,and based upon the"General Fund User Fee Study Findings - City of Redlands," this City Council adopted Ordinance No. 2650 to establish fees and service charges so as to recover costs reasonably borne necessary to provide the listed regulation, product or service,and to take all action necessary to accomplish and carry out the policy of the City-Council. Whereas, pursuant to Ordinance No. 26i 0 , this City Council subsequently adopted Resolution No. 6560; and J Whereas, Section 3.16.040 of the Redlands Municipal Code directs the City Manager and each City Department head, under the direction of the City Manager,to periodically review the fees and service charges established for regulations, products and services provided by the City and present recommendations to the City Council to accomplish and carry out the policy of the City Council to recover the listed percentage of costs reasonably borne; and Whereas, the City's Community Development Department and this City Council have determined that it is in the interests of Redlands' citizens for the City to prepare and issue building record reports showing the regularly authorized use,occupancy and zoning classification of property prior to the sale or exchange of any residential building; and Whereas, the City's Community Development Department has determined that the reasonable cost borne to the City relating to the corresponding building record report to be in the amount of Fifty and 77/100ths Dollars ($50.77) as shown in the attached estimate and, is incorporated into the amounts shown in Exhibit"A." Whereas,,Section 3.16.040 of the Redlands Municipal Code further provides that the specific amounts of fees and charges set pursuant to Chapter 3.16 shall be established by resolution of the City Council of the City of Redlands; NOW,THEREFORE,be it resolved by the City Council of the City of Redlands as follows: DJM\Resot6615 Section 1. The specific fees and charges for the corresponding regulations, products and services provided by the City as enumerated in Chapter 3.16 of the Redlands Municipal Code are hereby established in the amounts shown in Exhibit "A," which is attached to this resolution and incorporated herein by this reference. Section 2. The fees and charges established by this resolution for the corresponding regulations, products and services provided by the City supersede all previously adopted fees and charges for such regulations, products and services. Section 3. Resolution No. 6560 of the City Council of the City of Redlands is hereby rescinded. Section 4. The City Council hereby finds and determines that the adoption of this resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080(b)(8)(1) because this resolution approves and establishes a procedure for the purpose of meeting the operating expenses of the City. Section 5. Effective Date. This resolution shall takeffect on the effective date of City of Redlands Ordinance No. 2668. ADOPTED, SIGNED AND APPROVED this 19'x' day of June, 2007 Mayor of the City of Redlands ATTEST: City Clerk 1,Lorne Poyzer,City Clerk of the City of Redlands,hereby certify that the foregoing ;solution was duly adopted by the City Council at a regular meeting thereof held on the 1.9th"day of June, 2007, by the following vote: AYES: Councilmembers Gil, Gallagher, Aguilar; Mayor Harrison NOES: None ABSENT: Councilmeber Gilbreath ABSTAIN: None Lorne Poyzer, City Clerk ba Mlttesn566 t 5 for 3.63 acres located on the cast side of Webster Street north of Lugonia Avenue in the R-1 (Single Family Residential) District (proposed R-2, Multiple Family Residential District) - Adrian Gaus, Applicant 2. General Plan Amendment No. 2007-2-B - A General Plan amendment to change the land use designation from. High-Density Residential (0-27 units per gross acre), to Office on approximately one acre located on the north side of State Street, east of New York Street - ESR-1, Applicant 3. General Plan Amendment No. 2007-2-C - A General Plan amendment to change the land use designation from Commercial/Industrial to Commercial of twelve (12) contiguous parcels comprising 2.91 acres located on the south side of Stuart Avenue, west of Eureka Street - Redlands Land Acquisition Company L.P., Applicant 4. General Plan Amendment No. 2007-2-D - A General Plan amendment to amend Figure 5.1 (Trafficway Network) of the Circulation Element to change the designation of approximately 800 linear feet of Stuart Avenue, west of Eureka Street, from a Collector street to a Local street - Redlands Land Acquisition Company L.P., Applicant 5. General Plan Amendment No. 2007-2-E - A General Plan amendment to modify the designation of Lugonia Avenue from a Major Arterial roadway to a Minor Arterial roadway between California Street on the west to the 210 Freeway overpass at Citrus Plaza Drive on the east - Norton Community Credit Union, Applicant. Councilmember Aguilar moved to approve Resolution No. 6620, a resolution of the City Council of the City of Redlands adopting proposed Amendment Nos. 2007-2-A, 2007-2-B, 2007-2-C, 2007-2-D and 2007-2-E, to the Redlands General Plan as the City's second cycle General Plan Amendment for Calendar Year 2047. .Motion seconded by Councilmember Gallagher and carried by the following vote: AYES: Councilmembers Gil, Gallagher and Aguilar NOES: None ABSTAINED: Councilmember Harrison ABSENT: Councilmember Gilbreath NEW BUSINESS Residential Building Record Reports - ina1ice No. 2668, an ordinance of the City of Redlands adding Chapter 15.28 to the Redlands Municipal Code relating to residential building record reports and Resolution No. 6615, a resolution of the City Council of the City of Redlands establishing specific fees and charges to recover costs reasonably born in conjunction with residential building record reports and a service agreement with NetAssets Corporation to provide for the data configuration and set up process, provide the website to receive requests for property reports and provide the property ;' reports utilizing City data were withdrawnfrom 1h.Q nda. Community Development Director Shaw indicated staff would return with this request in September, 2007. June 19,2007 Page 16 r ConduitSTM Service Agreement EFFECTIVE DATE: PARTIES: NETASSETS CORPORATION ("NETASSETS") 44 Club Road, Suite 300,Eugene, Oregon 97401 World Wide Web: http:llwww.nassets.com City of Redlands ("ORGANIZATION") 35 Cajon Street Redlands, CA 92373 RECITALS A. NETASSETS has developed various electronic information services software and applications, including "ConduitsTM", which is more fully described below. B. ORGANIZATION desires to use ConduitsT11 under the terms and conditions set forth below. AGREEMENT This Agreement is made as of the date stated above, (the "Effective Date") and sets forth the terms and conditions under which the online web application known as ConduitsTM will be used by ORGANIZATION, and made available for use by NETASSETS. 1. Definitions: 1.1 "ConduitsTM" shall mean the software application used for publication of the ORGANIZATION'S interests in property via the World Wide Web as created by NETASSETS, including web pages, graphics, data formats, and server components. 1.2 "Intellectual Property Rights" shall mean any and all now known or hereafter known tangible and intangible, and in any media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed, (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works, (b)trademark and trade name rights and similar rights, (c) trade secret rights, (d) patents, designs, algorithms and other industrial property rights, (e)all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions,continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). Page 1 of 7 ConduitsTM'Service Agreement 1.3 "Upgrade(s)" shall mean one or more upgrades, updates, enhancements, error corrections, new versions, new releases, bug fixes, patches and other modifications to ConduitsTM or Documentation. 1.4 "Transaction(s)" shall mean any search request initiated by an End-user for data related to interest against an individual property. 1.5 "End-user(s)" shall mean any individual or entity that is given access to ConduitsTm by ORGANIZATION, excluding ORGANIZATION. 1.6 "Documentation" shall mean all documents, tutorials, papers, or other materials intended for distribution with ConduitsTM for use in administration and for use by End-users of ConduitsT^". 1.7 "Datasets" shall mean sets of digital records such as a data file or a data source provided by ORGANIZATION to Conduits. 2. License Grant and Restrictions 2.1 Grant. Subject to the terms of this Agreement, NETASSETS hereby grants to ORGANIZATION, and ORGANIZATION hereby accepts, a non-transferable, non-exclusive, terminable license to use the Documentation (and all Upgrades thereto) and to access and grant access to End-users to ConduitsTm as provided by NETASSETS, in accordance with the terms and conditions of this agreement. 2.2 Restriction. ORGANIZATION shall not assign, license, sublicense, transfer, pledge, lease, rent, or share ORGANIZATION'S rights under this agreement to or with any third party, and shall not allow or enable any third party, other than End-users, to access or use Conduits", without prior written authorization from NETASSETS. 3. Delivery and Payment 3.1 Delivery. NETASSETS shall provide ORGANIZATION and End-users access to the ConduitsTM application via the World Wide Web and provide one(1) physical copy of administrative Documentation and up to ten(14) physical copies of End-user Documentation. ORGANIZATION may request additional physical copies. 3.2 Payment. 3.2.1 Search Fees. ORGANIZATION agrees to pay NETASSETS an eight dollar(S8) fee for each Search Transaction by an End-User. 3.2.2 Payment Method. NETASSETS will invoice ORGANIZATION monthly at its address noted on page I of this Agreement or at such other address as ORGANIZATION may designate by written notice to NETASSETS, and payment will be due within fifteen (15) days of the invoice date. Payments shall Page 2 of 7 ConduitsTFAService Agreement be made at NETASSETS' address noted on page 1 of this Agreement or at such other address as NETASSETS may designate by written notice to ORGANIZATION. 4. Use of Conduits' 4.1 Prohibited Actions. ORGANIZATION shall not adopt, translate, copy or modify ConduitsTM, or the Documentation, or disassemble, decompile, reverse engineer, reverse compile, cross compile or otherwise attempt to derive source code from ConduitsTI. ORGANIZATION shall not create accounts for internal use of ConduitsTM for any person outside of ORGANIZATION. 4.2 Transmission of Data. ORGANIZATION shall be solely responsible for the timely and accurate update and transmission of information or other data entered for access via the ConduitsTM application system, and shall promptly report any problems encountered by ORGANIZATION or End-users in operation of or access to the ConduitsT"' application. ORGANIZATION shall transmit all data to NETASSETS in the format(s) as mutually agreed upon in writing during the term of this agreement. 4.3 Ownership Rights. Ownership of all Intellectual Property Rights in ConduitsTM will at all times retrain the property of NETASSETS. ORGANIZATION agrees not to remove or obliterate any copyright, trademark or proprietary rights notices of NETASSETS or NETASSETS's suppliers from ConduitsT"' or its Documentation. ORGANIZATION further agrees to reproduce all such notices found in ConduitsTm and its Documentation, and any Upgrades thereto. 5. Term of Agreement/Termination 5.1 Term. This agreement and the license and rights granted hereunder are effective from the Effective Date, until the date of termination under this Section 5. 5.2 Termination by ORGANIZATION. ORGANIZATION may terminate this Agreement: 5.2.1 At any time, with or without cause, effective upon 45 days prior written notice to NETASSETS, or 5.2.2 Thirty(30) days after delivery of written notice to NETASSETS by ORGANIZATION that NETASSETS has breached any provision of this Agreement, if NETASSETS has not cured such breach within the thirty(30) day period. Page 3 of 7 GondOts"Service Agreement 5.3 Termination by NETASSETS. NETASSETS may terminate this Agreement: 5.3.1 At any time, with or without cause, effective upon 45 days prior written notice to ORGANIZATION; 5.3.2 Immediately upon written notice to ORGANIZATION in the event of any breach of Sections 2.2, 4.1 or 4.3; or 5.3.3 Thirty(30) days after delivery of written notice to ORGANIZATION that ORGANIZATION has breached any provision of this Agreement other than Sections 2.2, 4.1 or 4.3, and has not cured such breach within the thirty(30) day period. 5.4 Actions Upon Termination. 5.4.1. ORGANIZATION 'S Actions. Upon termination ORGANIZATION shall immediately discontinue use of and return all complete or partial copies of ConduitsTm and its Documentation, and shall delete ConduitsT"" or any portion thereof from its computer libraries or electronic storage media. 5.4.2. NETASSETS' Actions. Upon termination NETASSETS shall cease to make available on ConduitSTM, via the World Wide Web or otherwise, data. NETASSETS shall have no obligation to return or retransmit any data to ORGANIZATION, and after termination may archive data solely for NETASSETS'business purposes. 5.4.3 Survival of Remedies/Effect of Termination for Breach. Each parties'remedies hereunder are cumulative, and termination of this Agreement shall not bar either party from pursuing any other remedy it may have available against the other for breach of the Agreement. The terminating party shall not be liable to the other party for damages or costs relating to termination pursuant to the terms and conditions of Sections 5.2 or 5.3. b. Warranty 6.1 Limited Warranty. NETASSETS warrants that it has title to Conduits'm and that it has authority to grant the right of access and use herein to ORGANIZATION. NETASSETS also warrants that, during the term of this agreement, Conduits"M shall materially conform to the standards set forth in the Service Level Agreement attached hereto as Exhibit A. NETASSETS makes no warranty regarding the usability, convertibility or transmission of any data. ORGANIZATION shall promptly notify NETASSETS in writing upon the discovery of any non- conformance with this limited warranty, and NETASSETS shall within a reasonable time make its best efforts to correct any non-conformance of which it has been properly notified. ORGANIZATION AGREES THAT THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF NETASSETS, AND NETASSETS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION Page 4 of 7 Condui tST1'Service Agreement ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE, QUALITY, PRODUCTIVENESS OR CAPACITY, THAT THE OPERATION OF CONDUITSTM WILL BE ERROR-FREE OR WITHOUT INTERRUPTION, OR THAT CONDUITSTM SHALL OPERATE WITH ANY HARDWARE OR SOFTWARE OTHER THAN AS SPECIFIED IN THE DOCUMENTATION. 6.2 Damage/Misuse. Notwithstanding the warranty provisions above, NETASSETS shall have no warranty obligations with respect to any part or parts of ConduitSTM which have been damaged in transit or transmission or by improper installation or operation, or by misuse, abuse or negligent use or repair or alteration or improper storage or which may have been damaged by use which does not conform to the specific or general instructions of NETASSETS or to the provisions of the Documentation, or if ORGANIZATION or any third party has modified or attempted to modify ConduitSTM or if the damage has occurred due to causes external to ConduitSTM, or if ORGANIZATION has failed to properly implement changes recommended by NETASSETS. 7. Limitation of Liability and Indemnification 7.1 Exclusion of Consequential Damages. IN NO EVENT SHALL NETASSETS BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS AGREEMENT, OR RESULTING FROM THE FURNISHING, PERFORMANCE, OR USE OR LOSS OF ANY SOFTWARE OR OTHER MATERIALS DELIVERED TO ORGANIZATION HEREUNDER, INCLUDING WITHOUT LIMITATION ANY INTERRUPTION OF BUSINESS, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2 Maximum Monetary Liability for Breach of Warranty. Notwithstanding anything herein to the contrary, the maximum aggregate amount of money damages for which NETASSETS may be liable to ORGANIZATION under this Agreement, resulting from any cause whatsoever, shall be limited to the amounts actually paid by ORGANIZATION to NETASSETS under this Agreement during the ninety(90) days immediately preceding the date NETASSETS is notified in writing of a claim by ORGANIZATION for breach of warranty. 7.3 Third Party Providers. ORGANIZATION acknowledges that in connection with ConduitsTM, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control of NETASSETS. Accordingly, NETASSETS assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of ConduitsTM, Page 5 of 7 Conduits"m Service Agreement 7.4 Indemnification with Respect to End-users. NETASSETS has no contractual relationship or other legal duty to End-user(s) and it assumes no liability with respect to the use of ConduitsTM by End-user(s). Accordingly, ORGANIZATION agrees to defend, indemnify, and hold NETASSETS harmless for any losses, costs, claims, or other liabilities arising out of the misuse of ConduitsTm by End-users. 8. Support and Maintenance 8.1 General Support. NETASSETS shall provide to ORGANIZATION the maintenance and support services as set forth in the Service Level Agreement. 8.2 Product Improvements. 8.2.1 NETASSETS may develop one or more Upgrades to ConduitsTM. Upgrades, when released by NETASSETS, will be provided to ORGANIZATION free of additional charge. If ORGANIZATION desires an Upgrade other than those produced at the discretion of NETASSETS, to meet ORGANIZATION's individual requirements, ORGANIZATION will notify NETASSETS in writing describing the proposed new feature or enhancement. NETASSETS will respond within ten (10) days of receipt of ORGANIZATION 's request outlining the availability, if any, of the proposed feature or enhancement and the proposed terms under which the development of the proposed release could take place. 8.2.2 Development work undertaken at the request of the ORGANIZATION and any resulting Upgrades shall be subject to the terms of this Agreement, subject to such other mutually acceptable terms and conditions to which the parties may agree. NETASSETS will use reasonable commercial efforts to provide the services as soon as practicable and no later than the completion dates set forth in mutually acceptable development project specifications. 9. Miscellaneous Provisions 9.1 No Assignment. Neither this Agreement nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by ORGANIZATION, and any purported assignment or transfer shall be null and void. 9.2 Severability. If any term or provision of this Agreement shall be found to be illegal or unenforceable, then, notwithstanding, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability or limited warranty is intended by the parties to be severable and independent of any other provision and to be enforced as such. 9.3 Entire Agreement/Modification. This Agreement and its attachments constitute the entire agreement between the parties concerning ConduitsTm and supersede all prior agreements, whether written or verbal, between the parties. No purchase order, other ordering document or Page 6 of 7 ConduitsTm Service Agreement any other document which purports to modify or supplement this Agreement or any attachment hereto shall add to or vary the terms and conditions of this Agreement, unless executed by both NETASSETS and ORGANIZATION and expressly identified therein as a modification to this Agreement. No amendment shall be considered to have been made to this Agreement unless it is in writing and is executed by both parties. 9.4 Force Majeure. Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, or any causes beyond the reasonable control of such party, including without limitation interruption of power or communications facilities or failure of data storage hardware or software that is not caused solely the party's acts or omission. 9.5 Governing Law, Venue, Jurisdiction. The parties agree that this Agreement shall be governed and construed by the laws of the State of California. The parties hereby submit to the jurisdiction and venue of the Superior Court of the State of California for San Bernardino County or, if appropriate, the federal courts of the Central District of California. 9.6 Number, Gender, Captions. As used herein, the singular shall include the plural, and the plural the singular. The masculine and neuter shall each include the masculine, feminine, and neuter, as the context requires. All captions used herein are intended solely for convenience of reference and shall in no way limit any of the provisions of this Contract. 9.7 Attorney Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the losing party reasonable attorney fees incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts, including fees for use of in-house counsel by a party. 9.8 Notices. Any notice or other communication required or permitted to be given under this Agreement will be in writing, will be delivered personally or by mail or express delivery, postage prepaid, and will be deemed given upon actual delivery or, if mailed by registered or certified mail, on the third business day following deposit in the mails, addressed to the appropriate party at the address first set forth above. Either party may, by written notice, designate a different address for purposes of this Agreement, Net Assets Corporation: By: David J. Crates, President City of Redlands By: Printed Name: Title: Page 7 of 7 Conduitsn"Service Agreement ` ConduitsTM Service Level Agreement Appendix to Service Agreement for the City of Redlands dated Net Assets Corporation's ConduitsTm application will be used by City of Redlands to provide information via the 'World Wide Web. 1. ConduitsTM will be available 99.9% of the time from 6:00am to 10:00pm Monday thru Saturday. Any individual outage in excess of 20 minutes or 4 outages exceeding 5 minutes each will constitute a violation. 2. 80% of ConduitsTM transactions will exhibit 10 seconds or less response time, defined as the interval from the time the server receives a transaction request to the time a response is generated and sent back. Missing the metric for business transactions measured over any business week will constitute a violation. 3. Net Assets will respond to service incidents that affect multiple users within 24 hours, resolve the problem within 48 hours, and update status every 12 hours. Missing any of these metrics on an incident will constitute a violation. 4. Net Assets will respond to service incidents that affect individual users within 24 hours, resolve the problem within 72 hours, and update status every 12 hours. Missing any of these metrics on an incident will constitute a violation. 5. Net Assets will respond to non-critical inquiries within 48 hours and deliver an answer within 72 hours. Missing any of these metrics on an incident will constitute a violation. Net Assets Corporation By: David J. Gates, President City of Redlands By: