HomeMy WebLinkAbout5525 RESOLUTION NO. 5525
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND eCITYGOV ALLIANCE FOR BUILDING
PERMIT MANAGEMENT SOFTWARE SERVICES
WHEREAS, eCityGov Alliance (the "Alliance")was created and duly authorized by
the legislative authority of various municipal jurisdictions in accordance with the Interlocal
Cooperation Act, Chapter 39.34 RCW, for the purpose of providing a regionally
coordinated portal for the delivery of municipal services via the internet and to provide a
forum for the sharing of resources in the development and deployment of such services;
and
WHEREAS, in keeping with its purpose, the Alliance has created several shared
software applications and related products, including building permit management
services, which it makes available as a hosted service; and
WHEREAS the City wishes to use certain Alliance shared software applications
and related products to deliver public sector services via the internet; and
WHEREAS, the City and the Alliance desire to enter into an agreement for
Software and related product(s) to deliver public sector services via the internet as
provided herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
and eCityGov Alliance, which agreement will be in substantial conformity with the
agreement attached as Exhibit A.
Resolution No. 5525
June 15, 2020
Page 1 of 2 Rev. 2019
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: June 15, 2020
CITY OF AUBURN
rSC ,fidkiktik
ANCY US, MAYOR
ATTEST: APPROVED AS TO OR
Shawn Campbell, MMC, City Clerk -*%41' K ra Comeau, City Attorney
Resolution No. 5525
June 15, 2020
Page 2 of 2 Rev.2019
eCityGov. net
e-powered Government Services
SUBSCRIPTION AGREEMENT
Between
City of Auburn
and
eCityGov Alliance
May 18, 2020
SUBSCRIPTION AGREEMENT
This Agreement is entered into between the eCityGov Alliance, hereinafter referred to as the
"Alliance", and the City of Auburn, WA, hereinafter referred to as the "Subscriber" (each a
"Party" or together, the"Parties").
WITNESSETH:
WHEREAS,the Alliance was created and duly authorized by the legislative authority of each
jurisdiction in accordance with the Interlocal Cooperation Act, Chapter 39.34 RCW and the
Amended and Restated Interlocal Agreement Establishing eCityGov Alliance, as amended
and restated on February 16,2018 (the "Alliance Interlocal Agreement"); and
WHEREAS, the purpose of the Alliance is to provide a regionally coordinated portal for the
delivery of municipal services via the internet and to provide a forum for the sharing of
resources in the development and deployment of such services; and
WHEREAS, in keeping with its purpose, the Alliance has created several shared software
applications and related products to deliver public sector services via the internet; and
WHEREAS the Alliance provides said software applications as a hosted service; and
WHEREAS, the Subscriber wishes to use certain shared software application(s) and
related product(s) to deliver public sector services via the internet; and
WHEREAS, the Alliance pledges to work cooperatively in maintaining the highest level of
standards for maintenance and operation of the Software Application(s) and related
product(s) on behalf of Partners, Subscribers and users (each as defined herein); and
WHEREAS, the Alliance is duly authorized to enter into agreements as an independent
entity; and
WHEREAS,it is the desire of the Parties to enter into an agreement for Software and related
product(s) to deliver public sector services via the internet as provided herein;
NOW THEREFORE, the Parties agree as follows:
I IDENTITY OF PARTIES
1. Alliance. The Alliance is an independent joint agency formed under Chapter
39.34 RCW, the Interlocal Cooperation Act, and a Washington non-profit
corporation, authorized to deliver certain public sector services as provided in the
Alliance Interlocal Agreement.
2. Subscriber. The Subscriber is a municipal corporation that desires to subscribe
to an Alliance hosted service(s) and/or application(s), and to participate as a non-
voting but active member in the committees supporting that service(s) and/or
application(s).
II PURPOSE
1. The purpose of this Agreement is to provide the terms and conditions under which
the Subscriber will receive hosted services from the Alliance. To accomplish this
purpose, and in consideration of the benefits to be received by each of the Parties
hereto, the Parties agree as follows:
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III DEFINITIONS
1. As used herein,the following capitalized terms shall have the following
meanings. Terms not otherwise defined herein shall have the meanings set forth
in the recitals of this Agreement and the Alliance Interlocal Agreement.
2. "Agreement", "this Agreement","the Agreement","hereof', "herein",
"hereto", "hereby","hereunder"and similar expressions mean this Subscription
Agreement, including all instruments supplementing, amending or confirming this
Agreement. All references to"Articles"or"Sections"mean and refer to the
specified Article or Section of this Agreement.
3. "Alliance Interlocal Agreement"has the meaning set forth in the recitals hereto.
4. "Application Software", "Application"and/or"Software"means computer
application and related computer code,presented in object code form operating on
Hosting Service hardware. Application Software includes,but is not limited to
computer code,databases,programs and interfaces in executable code form which
have been created or licensed by the Alliance.
5. "Application Team", "Management Committee"and/or"Project Team",
means a team made up of a representative(s)from each Alliance partner and
subscriber agency for a particular Software Application. The purpose of the
Application Team is to guide development and management of the Application.
6. "Backend Integration"means that a software application owned and/or licensed
by the Subscriber is linked to the Application Software for the purpose of passing
data between the two systems.
7. "Board"means the Alliance Executive Board.
8. "Data and Content Management Tool(s)"means the internet restricted
accessible software application used by the Subscriber to update, change and
manage application content and data.
9. "Effective Date"means the date this Agreement commences.
10. "Hardware"means the computers, application servers, magnetic storage devices
and other related computer hardware owned by the Alliance for the purposes of
providing services and software applications to Alliance partners, subscribers and
the general public.
11. "Hosting Service"means the city and/or business at which Alliance
Application(s),related software and hardware is physically located. The Hosting
Service is also responsible for maintaining the shared portion of the service(s) and
application(s)affected by this Agreement.
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12. "Partner(s)"means the governmental jurisdictions that are parties to the Alliance
Interlocal Agreement.
13. "Subscriber"means the governmental jurisdiction or other organization that
elects to enter into an agreement with the Alliance to purchase specific hosted
internet software application service(s) on an annual basis. Subscriber status is
further defined by the Alliance Administrative Policies and the Alliance Interlocal
Agreement.
14. "Subscription(s)"means the internet accessible computer application(s)
identified in Appendix A.
15. "Subscription Liaison(s)"means the Subscriber assigned staff member(s)for
each subscription application.
16. "User"means members of the general public and city staff who use the services
defined herein.
IV APPLICATION SOFTWARE SUBSCRIPTION
1. Subscription. During the term of this Agreement,the Alliance grants the
Subscriber a non-transferable, nonexclusive subscription to use the Application
Software in accordance with the terms and conditions state herein.
2. Application Software License(s). Application Software license(s)are and shall
remain the property of the Alliance or its third-party service providers. The
Subscriber shall have a non-exclusive right to use the Application Software
specified in Appendix A. The Subscriber shall not have taken,or attempt to take,
any right,title or interest therein or permit any third party to take any interest
therein. The Subscriber will not transfer, sell, assign, sublicense,pledge, or
otherwise dispose of, encumber or suffer a lien or encumbrance upon or against
the Application Software or any interest in the Application Software.
3. Application Software and Data. The Subscriber may not move any Application
Software or data from any installed location at the Hosting Service place of
business without the prior written notification and subsequent technical approval
of the Alliance.
4. Hardware and Provision of System and Application Software.
(a) The Alliance shall obtain, install and maintain the necessary hardware,
systems software, and Application Software at the location of the Hosting
Service to provide the appropriate computing platform to deliver the
application services defined in Appendix A.
(b) The Hardware, Systems Software licenses, and Application Software code
and licenses are and shall remain the properly of the Alliance or its third-
Page 4 of 12 May 18, 2020
party service providers. The Subscriber shall not have taken, or attempt to
take, any right, title or interest therein or permit any third party to take any
interest therein. The Subscriber will not transfer, sell,assign, sublicense,
pledge, or otherwise dispose of,encumber or suffer a lien or encumbrance
upon or against the Hardware or Systems Software or any interest in the
Hardware or Systems Software.
V SUBSCRIBER DATA AND DATABASES
1. The Subscriber shall provide applicable data for each Software Application
Subscription to the Alliance in accordance with data specifications in Appendix
A.
2. The Subscriber is responsible for updating, changing and maintaining said data as
specified in Appendix A.
3. Each Party shall treat all data and information to which it has access by its
performance under this Agreement as confidential. Unless required to do so by
law, a Party shall not disclose such data or information to a third Party without
specific written consent of the other Party. In the event that one Party receives
notice that a third Party requests divulgence of confidential or otherwise protected
information and/or has served upon it a subpoena or other validly issued
administrative or judicial process ordering divulgence of such information,the
receiving Party shall promptly inform the other Party. This section shall survive
the termination or completion of this Agreement and shall continue in full force
and effect and shall be binding upon all Parties and their agents, employees,
successors, assigns, subcontractors or any Party or entity claiming an interest in
this Agreement.
4. The Alliance will not transfer, sell,assign, sublicense,pledge, or otherwise
dispose of, encumber,or suffer a lien or encumbrance upon or against the
Subscriber data or database or any interest in the Subscriber data or database. The
Alliance will maintain the Subscriber data or database at the Hosted Service, and
shall notify Subscriber in writing if the data or database is to be moved from the
Hosted Service. The Alliance shall not be responsible for any damage to,or loss
of,the data, except in cases of gross negligence or wilful misconduct.
VI ACCESS AND USE OF DATA AND CONTENT MANAGEMENT TOOL(S)
1. The Subscriber shall name and authorize certain employees as content managers
for the Software Application(s) specified in Appendix A.
2. It is the responsibility of the Subscriber to authorize and manage opening and
closing user accounts for third party vendors and/or contract employees.
Page 5 of 12 May 18, 2020
3. The Alliance will manage password protected user accounts for said employees
and vendors. The Alliance will manage only named user accounts. The
Subscription Liaison is responsible for authorizing new user accounts and
ensuring unneeded user accounts are closed in a timely manner.
4. Access to Alliance web-based products is not restricted in anyway,however:
Software Application functionality may be restricted or limited for certain
Software Applications or portions of a Software Application to the residents of
Alliance partner and subscriber cities. Such restrictions or limitations are
dependant on the level of service(s)purchased by the Subscriber and shall be
described in Appendix A.
5. An unlimited number of residents, staff and other customers of the Alliance
product(s)may access and utilize the product(s)via the internet, except as noted
in the previous section.
VII WARRANTIES
1. Alliance represents and warrants that(a)Alliance has the legal right and authority
to provide the services that are the subject of this Agreement; and(b)Application
Software does not infringe upon any copyright,patent,trademark,trade secret,or
any other intellectual property right of any third Party.
2. No Other Warranty. Other than the express warranties contained above, any
software Subscription provided and all services performed pursuant to this
Agreement are provided and performed on an"as is"basis, and Subscriber's use
of the Application Software and services is at its own risk. Alliance does not
make, and hereby disclaims, all other warranties,whether express or implied.
Alliance does not warrant that the Application Software and services provided
hereunder will be uninterrupted, error-free, or completely secure.
3. Limitation of Liability; Damages. Alliance's sole liability to Subscriber for any
loss, liability or damage, including attorney's fees, for any claim arising out of or
related to this Agreement, regardless of the form of action, shall be limited to
Subscriber's actual direct out-of-pocket expenses which are reasonably incurred
by Subscriber and shall not exceed the amount of the fees paid to Alliance by
Subscriber under this Agreement for the calendar year in which such claim
accrued. In no event shall Alliance be liable to Subscriber or any third party
for lost profits, revenue, lost data,consequential,special,incidental,or
punitive damages arising out of or related to this Agreement regardless of the
basis of the claim.
VIII SUPPORT
1. Backend Integration
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(a) Alliance is responsible for Alliance product(s)on the eCityGov.net web
sites, including the transmittal of data to and from the Subscriber in the
formats(s) identified in Appendix A,to meet the needs of Subscriber's
back-end process. Interface and data transmittal standards are subject to
approval by the Board.
(b) The Subscriber is responsible for any and all direct integration with their
own business processes and systems, including the entire cost and
overhead associated with integration of Alliance products to Subscriber-
owned systems.
(c) For the purpose of Backend System Integration,the Alliance may assign,
on a temporary basis, a reasonable number of Internet Protocol Addresses
("IP Addresses") from the address space assigned to Subscriber by the
Hosting Service. The Subscriber acknowledges that the IP Addresses are
the sole property of the Alliance and/or of its contracted Service providers,
and are assigned for the term of this Agreement to Subscriber as part of the
Software Application Subscription(s), and are not "portable".
(d) The Alliance reserves the right to change IP Address assignments at any
time; however,the Alliance shall use all reasonable efforts to avoid any
disruption to the Subscriber resulting from such renumbering requirement.
The Alliance will give the Subscriber reasonable notice of any such
renumbering.The Subscriber agrees that it will have no right to IP
Addresses upon termination of this Agreement and that any renumbering
required of the Subscriber after termination shall be the sole responsibility
of Subscriber.
2. Training. The Alliance shall provide such training and consultation to the
Subscriber regarding the use of a Software Application(s)and services as is
determined to be appropriate by the Board and/or the Application Team(s)
associated with specific Alliance Software Application(s).
IX SOFTWARE SUPPORT
1. For Application Software residing on Alliance Server(s): The Hosting Service for
each product is responsible for ensuring that the Application Software functions
correctly, and for responding to Subscribers who submit requests for Application
Software corrections in a timely manner. Application Software malfunctions that
result in a non-responsive system or incorrect results for customers will be given
high priority. Other Application Software malfunctions will be prioritized based
on resources and overall project priorities. The actual response escalation levels
are specified in SubSection 3 below.
2. For other software residing on Subscriber Servers: The Subscriber is fully
responsible for the functioning of any software residing on Subscriber Servers,
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including software designed to handle the interface between Alliance service(s)
and Software Application(s) and all software licensed directly through third
parties to the Subscriber.
3. Technical Support—Requests for technical support will be classified into three
priority levels:
• High—system is down or is returning incorrect results and customer is unable
to fulfill critical business functions such as those pertaining to core business
functions
• Urgent—serious issue significantly impacting use of system although
customer is still able to perform core business functions
• Normal—all other issues.
4. Regular Hosting Service business hours are Monday through Friday 7:00 a.m.—
5:00 p.m.,excluding holidays. During regular business hours,there is a
guaranteed response time of 1 hour for High and Urgent calls. All other calls will
be responded to within 8 business hours. Off-hours support(5:00 p.m.—7:00
a.m.,weekends and holidays) is offered only for network and server support.
Only high priority calls will be responded to within 2 hours. The contact phone
number is 425.452.2886.
X BENEFITS/RELATIONSHIP
1. This Agreement is entered into for the benefit of the Parties to this Agreement
only and shall confer no benefits, direct or implied,on any third persons. No joint
venture or partnership is formed as a result of this Agreement.
2. The Subscriber is considered a voting member of the Application Team(s)
supporting Alliance service(s) and Software Application(s) identified in Appendix
A.
3. The Subscriber is entitled to attend Board meetings, but is not a voting member of
the Board.
4. The Subscriber is entitled to use the regional portal for delivery of Software
Application(s) subscribed to and defined in Appendix A.
5. The Subscriber may participate in and receive the benefits of all Alliance
functions,projects,programs,and partnerships including but not limited to:
• Training programs
• Information sharing events
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• Projects/programs with other public entities, including,but not limited to
state, county, utility districts, libraries,and other cities.
XI FEES AND PAYMENT TERMS
1. The invoice shall encompass Subscription fee(s) for one full calendar year or
for the applicable pro-rata Subscription fee(s).
2. Annual payment is due within 30 days of invoice.
3. The invoice for the current year will be sent upon signing of this Agreement.
Payment is due within 30 days of invoice.
4. Payments which are 30 days past due shall be considered to be in arrears.
The Alliance may elect to discontinue service to the Subscriber until said
account is paid in full. The Board,at its sole discretion, may elect to not
disconnect a Subscriber that is in arrears if suitable arrangements have been
made for future payment.
5. The City of Bellevue, acting as the fiscal agent for the Alliance,will issue all
invoices. Payment(s) shall be made to the City of Bellevue. The City of
Bellevue Tax Identifier Number(TIN) is 91-6007020.
6. Establishment of Fees—Each year the Board shall set Subscriber Fees for the
next calendar year, no later than September 30th. At such time the Board
may increase, decrease or leave fees unchanged depending need.
XII GENERAL PROVISIONS
1. Liability/Hold Harmless. If a claim, demand or cause of action arises from the
negligent act or failure to act or intentional wrongful act of one of the Parties
hereto, or its officers, agents or employees,then that Party shall indemnify,
defend and save the other Party and its officers, agents and employees harmless
there from;provided,however,that such provision shall not apply to the extent
that damage or injury arises from the fault of the other Party, its officers, agents or
employees. In the case of negligence of both the Subscriber and the Alliance, any
damages allowed shall be levied in proportion to the percentage of negligence
attributable to each Party, and each Party shall have the right to seek contribution
from the other Party in proportion to the percentage of negligence attributable to
the other Party.
2. Assignment. The Subscriber shall not assign,transfer, convey or otherwise
dispose of its rights or obligations under this Agreement or permit use of
applications and/or services by another entity or person who is not an Alliance
Partner, Subscriber,or employee, officer or agent thereof, except to the extent as
may be authorized by Alliance rules and procedures.
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3. Notices. All notices, requests, demands and other communications required by
this Agreement shall be in writing and, except as expressly provided elsewhere in
this Agreement, shall be deemed to have been given at the time of delivery if
personally delivered or three business days after mailing if mailed by first class
mail,postage prepaid and addressed to the Party at its address as stated in this
Agreement or at such address as any Party may designate at any time in writing
with notice pursuant to this paragraph. At the time of execution the addresses of
the Parties are:
eCityGov Alliance City of Auburn,WA
P.O. Box 90012 25 West Main Street
Bellevue, WA 98009-9012 Auburn, WA 98001
Attn: Tyler Running Deer Attn: Jason Krum
(425)452-7821 (253) 804-5069
trunningde@ecitygov.net jkrum@auburnwa.gov
4. Dispute Resolution. This section governs any dispute,or controversy between
the Parties arising out of or relating to this Agreement or its breach(the "Disputed
Matter"). It is agreed that King County shall be the venue for any arbitration. All
Disputed Matters shall be submitted to the following dispute resolution process:
(a) Internal Mediation
First the Disputed Matter shall be referred jointly to the Alliance's
Executive Director and the Subscriber's representative. If they do not
agree within ten(10)days,the Disputed Matter shall be referred jointly to
the Chair of the Executive Board and the Subscriber's chief executive or
designee. If such persons do not agree upon a decision within ten(10)
days after referral of the matter to them,or within such other period as
may be mutually agreed upon,the Parties shall proceed to the next stage of
the dispute resolution procedure.
(b) Arbitration Procedures
The Subscriber or the Alliance may,within ten(10)days following
completion of internal mediation, submit a written demand for arbitration
to the American Arbitration Association. The decision of the other Party
to invoke the arbitration process below shall constitute an election of
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remedies barring the Party from further recourse to the dispute resolution
or arbitration process not invoked by it.
Any Disputed Matter referred to arbitration shall be conducted under the
Commercial Rules of the American Arbitration Association. The
arbitrator may be selected by agreement of the Parties or through the
American Arbitration Association. Any such arbitration will be held in
the Seattle Metropolitan Area. The Parties will share the costs of the
arbitration equally, subject to final apportionment by the arbitrator.
However each Party shall bear the expenses of its own counsel,experts,
witnesses and preparation of evidence. The decision of the arbitrator shall
be final and shall not be subject to appeal by the Parties. Judgment upon
any award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
(c) Performance to Continue
Pending the resolution of any Disputed Matter, both Parties shall continue
their performance under this Agreement to the extent that such
performance is feasible, including but not limited to the payment of all
sums which are due or which become due during the dispute resolution
process. Neither Party will institute any action or proceeding against the
other Party in any court concerning any Disputed Matter that is or could
be subject to resolution under this section.
5. Effective Date and Duration. This Agreement shall be effective on upon
execution of both Parties, and shall continue until termination or withdrawal.
XIII TERMINATION
1. Termination by annual notice and/or default. The Subscriber may terminate
this Agreement by giving ninety(90)days written notice to Alliance in any year
of its intention to terminate effective January 1 of the following year provided
notice is given in writing and Subscriber is not in default of its obligations under
this Agreement. There will be no refunds of monies collected for the current year.
If the Subscriber is in default of a material obligation under this Agreement,and
such default remains uncorrected more than thirty(30)days after receipt of
written notice of default,the Alliance, in addition to any other rights available to
it under law or equity,may terminate this Agreement by giving thirty(30)days
written notice to the Subscriber. The Alliance shall be deemed in default if, as a
result of the Software Application(s)or Alliance's failure to perform its
obligations hereunder,the Software Application(s)continues to exhibit defects
causing serious disruption of use and/or repeated periods of downtime,
notwithstanding the Alliance's remedial or maintenance efforts, over a continuous
period of ninety(90)days, and the Subscriber may terminate the Agreement by
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giving thirty(30)days written notice to the Alliance,after which the Alliance
shall reimburse the Subscriber for a pro-rated share of the Subscription Fee.
2. Mid-year termination request by Subscriber. The Subscriber may terminate
this Agreement by giving written notice to the Alliance at any time during the
calendar year. The Alliance will terminate the Subscriber's service at the earliest
practical date in which the necessary Application reprogramming can be
completed. There will be no refunds of monies collected for the current year.
3. Termination as a result of changes to the Application(s). In the event that the
Alliance initiates changes to the Application(s)and/or Subscription fee(s)for
which the Subscriber chooses not to continue with the Application Subscription,
the Alliance will provide a pro-rata refund of the balance of current year
Subscription fee. The refund will be calculated from the date in which the
Application changes and/or Subscription fee changes take effect.
4. Modification. This Agreement represents the entire Agreement between the
Parties. No change,termination or attempted waiver of any of the provisions of
this Agreement shall be binding on either of the Parties unless executed in writing
by authorized representatives of each of the Parties. The Agreement shall not be
modified,supplemented or otherwise affected by the course of dealing between
the Parties.
5. Severability. In the event any term or condition of this Agreement or application
thereof to any person or circumstance is held invalid,such invalidity shall not
affect other terms,conditions or applications of this Agreement which can be
given effect without the invalid term,condition or application. To this end the
terms and conditions of this Agreement are declared severable.
In witness whereof,the Parties have executed this Agreement as of the Effective Date.
• i ov Alliatkce City of Auburn
Ace:pted By(Sign.,ure) ccepted Signature
Tyler Running Deer 1 Nancy Backus
Executive Director Mayor.City of Auburn
Date: Date: (00 IS
Page 12 of 12 May 18, 2020
APPENDIX A
Description of Application Service(s)
City of Auburn
PRODUCT SUBSCRIPTION(S):
1. MyBuildingPermit.com —development service applications, inspection
scheduling, permit status information and other related services
II FEE(S)
1. Onboarding Fee—A one-time on-boarding fee of$10,000 will be assessed upon
execution of the subscriber agreement that is based on estimated hours needed
to provide technical support and training for implementing MyBuildingPermit.com.
2. Annual Fee—The 2020 subscription fee is estimated at $64,153 which may be
prorated in 2020 based on the date the first permits are issued from MBP. The
subscription fee is based on a 5-year rolling average of the historical permit
revenue actuals to determine a jurisdiction's percentage share of the total MBP
expenses. Below is a description of the MBP Fee methodology unless modified
as provided in Section II, Annual Fees, paragraph 2, Establishment of Fees:
• Step 1: Each jurisdiction submits the last five years of permit revenue
from which a rolling five-year average can be computed. This softens
the impacts of peaks and valleys in permit activity.
• Step 2: Each jurisdiction's percentage of the total Alliance permit
revenue is calculated.
• Step 3: The percentage is then applied to the expenses (which may
include investments) for the biennium budget period to determine
each jurisdiction's obligation.
• Step 4: Each jurisdiction will be billed on a quarterly billing cycle.
3. Establishment of Fees—The 5-year rolling average will be used to set both years
of the biennial budget. At the direction of the Executive Board, a mid-biennial
adjustment may occur. The Board shall set Subscriber Fees for the next calendar
year, no later than September 30th. At such time the Board may communicate
an increase, decrease or leave fees unchanged depending on need.
4. The Annual Fee will be invoiced to each Jurisdiction via quarterly billings.
III DESCRIPTION OF PRODUCT SERVICE— MYBUILDINGPERMIT.COM
5. MyBuildingPermit.com (MBP) is managed and operated by the Partner cities of
the eCityGov Alliance and the MBP Management Committee. The Management
1
Committee is made up of building officials or other designated representatives of
the Partner and Subscriber agencies.
6. MBP is a web-based transaction portal designed to provide citizens and
development professionals the ability to submit development service applications
and obtain certain permits from member jurisdictions and agencies. Specifically,
applicants may easily apply for, pay for, and receive multiple permits, from
multiple member jurisdictions through a single web portal. The portal also
provides the capability to schedule inspections and query and search for permit
status and history for properties in member jurisdictions and agencies.
7. In order that MBP provide online application and permitting services for multiple
jurisdictions and agencies, the Alliance and MBP Management Committee has
adopted and requires certain business standards and operating procedures.
These standards and procedures are documented in the MBP Administrative
Policies (Attachment B). The MBP Administrative Policies are intended to create
a quality experience for customers to help ensure a certain level of business
consistency, and to keep operating costs to a minimum.
The MBP site also provides a broad range of sources for building and
construction related reference materials.
8. On-line Services:
MyBuildingPermit.com home page explains the purpose of the site and provides
navigational elements. The application functionality and content includes, but is
not limited to:
(a) Information
• Permit Status
• Code References
• Public Information
• News and Events
(b) Application and Registration
• How to Apply
• Contractor Registration (requires approval)
• Homeowner Registration (does not require prior approval)
2
(c) Transaction Services: MBP offers jurisdictions and agencies two types of
online permitting and application submittals.
Type 1 - No-review, over-the-counter (OTC) permits. These permit types
are not reviewed by staff, are paid for online and issue immediately upon
payment. The scope, number, fees and configuration of OTC permits is
the responsibility of the MBP member jurisdiction or agency.
Requests for modifications to either existing OTC permit requirements
and/or types will be handled on a case by case basis. Minor, individual
modifications to each agency's permit form are possible.
Example: The City of Sammamish is the only city in the Alliance that
legislatively requires an earthquake shutoff valve. The Sammamish
plumbing permit form has been modified to accommodate this
requirement.
Example: The Alliance added re-roof permits to MBP. Bellevue did not
require re-roof permits. In order to create consistency for regional
contractors, Bellevue added re-roof permits.
Type 2— Permits and applications in this category require some level of
staff review. The scope, number and configuration of online application
types is fully configurable and is the responsibility of the MBP member
jurisdiction or agency.
Type 2 Business requirements:
No payment is made until the application is accepted by the jurisdiction or
agency. The jurisdiction or agency can use the MBP customer portal to
securely send the applicant an invoice(s) as needed. Customers may
pay invoices through the portal or directly with the jurisdiction or agency.
The initial application review for acceptance should be completed within
36 hours of receipt of the application.
The permit and application review process, timeline, progress payments,
other review criteria and issuance is entirely the responsibility of the MBP
member jurisdiction or agency.
Example: Some jurisdictions issue and inspect electrical permits; some
utilize the Department of Labor and Industries for this service. Agencies
that do issue electrical permits have those choices on their on-line permit
forms; those agencies that do not issue electrical permits do not have
these choices on their permit application forms.
Requests for modifications to either existing permit application
requirements and/or types will be handled on a case by case basis.
Minor, individual modifications to each agency's permit form are possible.
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(d) Transaction Service: As part of the customer on-line OTC and application
submittal interview process, the site uses an easy to use search function
to give the customer the opportunity to find the correct property address
for each permit. The site will not issue a permit without an address
match.
Incorrect or missing addresses present the single largest issue for
customers and staff. Agencies are highly encouraged to develop and
maintain accurate address data to ensure the highest level of accuracy.
See Section V. Technical Specifications and Requirements for additional
information.
(e) Transaction Services: On-line contractor registration for verification of
state and local business licenses. Contractors must be registered and
approved by MBP and/or participating jurisdictions or agencies before
they can submit or obtain on-line permits. Also, homeowners using a
contractor but obtaining their own permits must have the contractor
registered with MBP. There are no pre-registration requirements for
homeowners doing their own work.
(f) Information Retrieval Service: On-line permit status and history for all
permits issued by each participating jurisdiction. Each jurisdiction may
specify certain criteria for data included in the on-line reporting system.
9. Other Features and Services
(a) MBP provides authorized staff access to reports for the number of permits
issued by type and city. Web statistics are also available upon request.
(b) Staff training in the use and management of MBP site administrative tools
will be provided throughout the implementation process and on an on-
going basis.
10. Future On-line Services:
The MBP work plan is updated annually. The work plan identifies work including,
but not limited to, content development, system enhancements and new system
functionality.
As features and services of the MyBuildingPermit.com site grow, it is the
intention of the Alliance to create a consistent user experience for customers
using the site. Alliance policy is to implement new services for all member
departments that perform the function in each jurisdiction.
The Alliance recognizes that there are wide variations between agencies in terms
of permit system use, information technology capability and/or business
practices. However, it is the expectation of the Alliance that member agencies
will make necessary adjustments to their respective business processes and
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permit systems to accommodate features and functionality agreed to by the MBP
Management Committee.
Every effort will be made to phase this kind of work providing sufficient lead time
for individual jurisdictions and departments to make necessary organization and
system adjustments.
IV SUBSCRIBER BUSINESS RESPONSIBILITIES
As a part of the implementation process, the Alliance will provide the Subscriber
with a detailed implementation roadmap document and checklist. The following
outline major tasks and responsibilities associated with the implementation of MBP.
The timeline and phasing for implementing a new Subscriber to MBP will be
negotiated at the time of the execution of this Agreement.
1. Set up, enter and test user configurable OTC permit types and fees in the MBP
test environment. Coordinate any additional fee and technical configuration with
the program manager.
2. Complete the permit configuration for plan review permit types. Set up and enter
user configurable plan review permit information and fees. Coordinate any
additional technical configuration with the program manager.
3. Acquire the following online services for online payments (additional information
will be provided as needed);
(a) A banking internet merchant account for receipting credit card payments.
Most, but not all, merchant credit card systems work with MBP. Before
securing a merchant account, confirm that the credit card processing
system will work with PayPal PayFlowPro.
(b) A PayPal PayFlowPro account for online credit card transactions.
4. Provide permit status checking and inspection scheduling directions and contact
information.
5. Provide hyperlinks to agency code(s) and home web page.
6. Maintain member specific data and information and/or linked content.
7. Authorize and manage user accounts.
V TECHNICAL SPECIFICATIONS & REQUIREMENTS
11. Interfaces
It is possible to implement MBP with all, some or without interfaces between
MBP and the agency backend permit system. In the absence of interfaces, some
functionality such as permit status may not be available for applicants and
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visitors to the MBP web site. In general, the MBP interfaces replace existing
manual data entry by creating a new permit record and inserting the permit data
directly into backend permit systems.
MBP uses several separate interfaces with individual backend permit systems to
be able to provide the full range of services provided by MBP. The current list of
functionality and interface requirements will be provided to the Subscriber.
Establishing and implementing interfaces between MBP and the Subscriber's
back-end permit tracking system is the responsibility of the Subscriber, including,
but not limited to interface and/or web license and implementing to the back-end
system. The Alliance will provide the necessary technical specifications, test and
production environments and provide assistance for the implementation of said
interface(s).
The Alliance standard practice is to use Web Services to exchange XML
formatted data and/or serialized objects as well as MS SQL linked servers with
MBP specific views for the interface topology.
12. Generic email boxes
Each Subscriber agency must create and supply generic email boxes addresses
and contact phone numbers for user inquiries and comments in the following
areas; Permits, Fees, Building, Technical, Inspection, Suggestion, Missing
Address and Other. The format for the three general service email addresses is:
• BuildingOfficial@xxxx
• PermitTech@xxxxx
• MyBuildingPermit@xxxx
13. The Subscriber must provide parcel and address data for their entire
jurisdiction in a format specified (available upon request) by the Alliance for use
in MBP or in the absence of this data, the Alliance will use the best available
property data. Typically, these are commercially available data and/or county
data sets.
14. Credit card and other banking transactions are accomplished using industry
standard data encryption technologies. MBP does not retain credit card
numbers, this data is passed directly through to the Subscriber's bank merchant
account. Both the credit card processing service(s) and the host agency network
are PCI compliant at the time this Agreement was executed. Security measures
and information is available upon request.
15. The cost to make annual changes to fees and other maintenance services are
included in the annual subscription fee.
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MyBuildingPermit.com Readiness Checklist
Prepared for XXX government
Business Requirements:
❑ Obtain Council or appropriate funding approval for joining MBP and sign Subscriber Agreement
❑ Allocate Staff Resources—
• Stakeholder/Project Champion
• Project Manager during Implementation
• IT/Technical Resources—internal/contract developers,database admin,system analyst
• Permit tech expert with permit system/technical understanding
❑ Map Permit/Application Process flow to MBP including: configuration of types and naming
conventions, inspections required for each,fees
❑ Map Electronic Plan Review process to MBP (software for review/markup, document storage,
monitors for viewing not provided by MBP), documents required for each application,
supplemental questions needed
❑ Document all OTC permit application fee structures/logic charged to customers
❑ Accept and adhere to the MBP Administrative Policies
❑ Accept and encourage jurisdictional staff to use the MBP Tip Sheets, Code Interpretations, and
Standards
❑ Participate in MBP Committee/Team meetings
❑ Plan for Jurisdiction's costs including: Credit card transaction fees(MBP policy does provide for
charging convenience fees), quarterly MBP Fees, On-Boarding Costs,Webservice Development
Costs (if outside resources required)
Technical Requirements:
❑ Web Services- .NET 4.x consume XML data sent from MBP in your backend permitting system
and return XML response with permit number, etc.
❑ IP Address Connectivity with your permit processing system
❑ Create and Expose Database Views in you permit processing database
❑ Create and Expose a Database View containing your jurisdiction Address information
❑ Accept Credit Card payments via VeriSign or Pay Pal with a PayFlowPro Merchant Account
❑ Accept File Web Services (provided by eCityGov) and determine location on jurisdiction's
network for file storage.
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On-boarding Milestones:
Timeline estimates based on the subscriber's backend system and availability of resources.
El Execute Subscriber Agreement
❑ New Jurisdiction Configured in MBP Test site—Complete in Month 1 of Project
• Jurisdiction provides details to MBP
• MBP Staff creates new organization and logins
• System Administrator Training begins
❑ Determine Modules to Implement—Complete in Month 1 of Project
• Permit Applications—Over-the-Counter and/or Plan Review
• Status Site
• Inspection Scheduling
❑ Align Current Application process to MBP—Complete in Months 2-3 of Project
• Process Flow
• Mapping from MBP into backend system
• Permit fees documented and created in MBP
• Determine Required,Additional, and Supplemental information for each application
❑ Develop and Test Interfaces—Complete in Months 2-4 of Project
• Between MBP and Juris Backend via webservice and database view
• Status site and Juris Backend via database views
• Inspection Scheduling via webservice
❑ Permit Staff Training —Complete in Month 5 of Project
❑ Go-Live in Production—Complete in Month 6 of Project
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ATTACHMENT B
eCityGov Alliance
MyBuildingPermit Management Committee
ADMINISTRATIVE POLICIES
Adopted March 19, 2010
Revised December 7, 2018
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Administrative Policies
MyBuildingPermit Management Committee
1. Purpose
The eCityGov Alliance (Alliance) is the sponsoring agency for the MyBuildingPermit program and
the Management Committee. The MyBuildingPermit Management Committee Administrative
Policies (Policies) identify and document the Committee's operating policies and principles for
management of the MyBuildingPermit program.
The Management Committee (Committee) shall be responsible for the operation and oversight of
the MyBuildingPermit program. The Committee shall consist of a representative from each
member agency.
2. Agreement
These Policies shall be reviewed and adopted by the Alliance Executive Board. The adopted
Policies shall be appended to individual MyBuildingPermit subscriber agreements as applicable.
3. Vision Statement
a) MyBuildingPermit will:
i) Develop and maintain consistent practices between member agencies.
ii) Provide a highly-valued development services web portal for our customers.
iii) Set the standard for working in partnership with cities and counties in the region.
iv) Deliver web-based, wireless, and paperless development services application,
permitting and review processes, setting the benchmark for best practices.
v) Offer consistent core services that meet the needs of land development and
contracting customers and community members.
vi) Offer the best development data and information available with a full suite of
property-related research tools.
vii) Ensure adequate and ongoing funding for programs and web sites.
viii)Incorporate sustainability as a component of all practices.
ix) Maintain broad member agency participation, supported by all Cities'administration.
4. Goals
a) The Committee shall implement the vision by pursuing the following goals:
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i) Continually improve customer service.
ii) Promote building safety and awareness of development and environmental issues.
iii) Improve the development review process for customers.
iv) Maximize resource investments through economies of scale.
v) Promote training and other educational opportunities that will improve staff and
customer understanding of codes, standards, and the processes used to manage and
regulate development activities.
b) To achieve these goals, the Committee will:
i) Where possible, develop process and management consistency between member
agencies.
ii) Regularly gather and use customer feedback and web statistics to help improve
services and monitor progress toward measurable goals.
iii) Provide consistent process explanation and code interpretation to facilitate customer
understanding of development services processes and regulations.
iv) Actively market and communicate program goals, overall vision, and project
objectives to staff, elected officials and customers.
v) Gain organizational support for needed development services process changes.
vi) Periodically review all areas of the development services processes for
enhancements that will improve the quality of services to customers.
vii) Monitor State code and legislation, and work with individual jurisdictions to learn of
potential impacts of pending legislation. If all principal jurisdictions approve one or
more proposed responses, then a joint response could be proposed to the Alliance
Board for collective action.
5. Board Committee Structure and Procedures
a) The Committee shall consist of one voting representative from each MyBuildingPermit
Partner and Subscriber agency member.
b) Committee members shall be appointed by an authorized executive of the participating
agency.
c) Ad-hoc representatives and attendees.
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i) Alliance Executive Board members, Alliance and member agency staff, sub-
committee members and other invited guests may attend Committee meetings
without voting rights.
d) Committee Officers
i) The duties of officers are those normally associated with the office, including but not
limited to, preparing agendas, packet materials, meeting notes, attendance, and
coordinating work and plans with the Executive Director and Executive Board on
behalf of the Committee.
ii) The Committee shall elect a Chair from its members for a period of one year. The
Chair may appoint a Vice-Chair to serve as Chair in his or her absence. No individual
shall serve as Chair for more than three consecutive years.
iii) The election of the officers may be conducted by either a written, electronic, or
verbal vote.
e) Decision Making
i) The Committee will strive to reach consensus on all matters.
ii) If consensus is not reached, decisions shall be made by a of simple majority of the
Committee members present, including those members attending electronically or
via phone.
f) Duties and Responsibilities of the Committee:
i) Meet monthly or on a schedule mutually agreed upon by Committee members.
ii) Approve extensions and exceptions to the time requirements in Sections 6 and 7 of
these Policies, Member Eligibility and Responsibilities, if the Committee finds that
circumstances warrant such an extension or exception.
iii) Appoint two non-voting Subscribers to the Executive Board to represent
MyBuildingPermit Subscriber jurisdictions, as described in Section 4.5 of the Alliance
Bylaws.
(1) Using simple majority vote by small and large Subscriber jurisdictions,
respectively, select one Subscriber to represent large jurisdictions and one
Subscriber to represent small jurisdictions. A jurisdiction with a population of
100,000 or more constituents is considered a large jurisdiction. The Subscriber
member agencies appointed to the board will:
(a) Serve a two-year term commencing on May 1 and biennially selecting new
non-voting Board Members to represent Subscribers. A subscriber member
agency can serve two terms if selected by Committee.
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(b) Provide notification to the Executive Board Chair or Executive Director if
unable to attend a meeting.
(c) Address any issues brought forward by the Executive Board Chair.
iv) Recommend to the Alliance Executive Board that an agency's membership level be
changed in accordance with the provisions of Section 6 and 7 of these Policies,
Member Eligibility and Responsibilities.
v) Responsible to the Alliance Executive Director and Executive Board for the overall
development and management of the MyBuildingPermit program and related
activities.
vi) Provide oversight and guidance for the MyBuildingPermit program provided for in
these Policies, the Alliance Interlocal Agreement, and Subscriber Agreements and
adopted Committee operational policies. The Committee's management
responsibilities shall include, but are not limited to:
(1) Establishing operational policies and practices as needed to support these duties
and responsibilities.
(2) Providing budget and member agency fee recommendations to the Executive
Director and the Alliance Executive Board.
(3) Developing and/or approving technical and informational content changes to the
MyBuildingPermit web site and other MyBuildingPermit published materials such
as technical tips sheets.
(4) Participating in and providing oversight of significant MyBuildingPermit projects in
conjunction with Alliance and other technical resource staff.
(5) Working with the Executive Director to produce an annual report and
forthcoming year work plan for presentation and approval by the Executive
Board.
(6) Monitoring the performance of MyBuildingPermit systems and processes and
making adjustments or recommendations as needed.
(7) Creating and overseeing MyBuildingPermit sub-committees including:
(a) Developing and approving sub-committee charters that provide policy and
operational direction for the sub-committees.
(b) Assigning a Committee member as a liaison for each sub-committee.
(c) Monitoring, coordinating and managing sub-committee work programs and
determining appropriate actions to institute recommendations or resolve
issues.
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(d) Reviewing and providing guidance on sub-committee annual charter and
work plan.
g) Individual Committee Members Duties and Responsibilities:
i) Regularly attend Committee and sub-committee meetings and follow through on
MyBuildingPermit work commitments.
(1) Attendance may be in person or via electronic means, including, but not limited
to video or phone conferencing.
ii) Notify the Committee chair in advance of an absence.
iii) Represent the interests and legal obligations of his or her agency with respect to the
agency's development services functions.
iv) Assist in the coordination of development services functions with and in support of
the interests of adjunct development services functions/agencies such as fire
districts, utility districts and other agencies which have authority for specific aspects
of the development review process.
v) Positively contribute to the MyBuildingPermit program by participating on the
Committee and working sub-committees, serving as a Committee officer, and
performing other necessary Committee-related duties.
6. Member Agency Eligibility
a) MyBuildingPermit Subscriber Member Eligibility— Any governmental or quasi-
governmental agency or jurisdiction located or operating in Washington State that
provides development review and permitting function may become a MyBuildingPermit
member agency upon approval by the Executive Board.
b) Eligibility may be delayed and/or restricted to meet Alliance and MyBuildingPermit
business objectives and constraints including, but not limited to;
i) Available budget and/or staff resources.
ii) Geographic proximity of the requesting agency.
iii) MyBuildingPermit work load and/or regional implementation priorities.
c) The Committee recognizes that some new member agencies will be faced with additional
challenges to joining MyBuildingPermit. These challenges may include, but are not
limited to, limited technical support, no or limited functionality of back-end permit
systems, limited development services revenue levels and limited availability of business
staff. At the same time the Committee recognizes that the greater community will
benefit from regional inclusion of interested agencies. The committee may make
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reasonable efforts to include cities and agencies when membership aligns with
MyBuildingPermit work plans, priorities and goals.
7. Member Agency Responsibilities
a) MyBuildingPermit Participation Levels —There are two levels of MyBuildingPermit
members; Active and Non-active.
i) Active member agencies are required to regularly contribute to the management and
operation of MyBuildingPermit through participation on the Management Committee
and sub-committees.
(1) Active member agencies must commit to sending a representative to each
regular Management Committee meeting. This representative must be
appointed by the member agency's executive and have the authority to vote on
behalf of the member agency.
(2) Active member agencies must make a good faith effort to send a representative
to as many standing sub-committee meetings as possible with a minimum of one
sub-committee for every six development services employees. Attendance may
be in person or via electronic means, including, but not limited to video or phone
conferencing.
ii) Non-active member agencies are not required to participate on the committees.
Non-active member agencies agree to accept decisions and direction of the
Committee.
b) Member Agencies agree to:
i) Utilize all MyBuildingPermit development services code interpretations, standards,
and other relevant materials adopted by the Committee within 30 days of becoming
a member. Exceptions may be granted by the Committee where adopted resolutions
or ordinances conflict with MyBuildingPermit materials, provided the jurisdiction
makes a good faith effort to align said resolutions or ordinances with the
MyBuildingPermit interpretations and standards in a timely fashion.
ii) Begin implementation of MBP permit status, MBP inspection scheduling and MBP
over-the-counter (OTC) permits within one year of becoming a member or one year
from the time that new functionality becomes available. This requirement may be
waived by the Committee if implementation is not technically and/or economically
feasible. See Section 8, MyBuildingPermit Core Business Requirements for additional
information.
iii) Begin implementation of MBP online permits that require plan review within three
years of becoming a member agency or within three years after new functionality
becomes available. This requirement may be waived by the Committee if
implementation is not technically and/or economically feasible.
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iv) Support the effort to adopt a common building code adoption ordinance.
8. MyBuildingPermit Core Business Requirements
a) Utilize all MyBuildingPermit code interpretations, tip sheets, and other agreed-upon
materials.
b) Agree to and utilize all modules of the MyBuildingPermit web portal as described in
section 6.b above.
c) Regularly maintain and update agency content, hyperlinks, fees, permit types and other
configurable content.
d) Monitor and manage documents and communications with applicants through the
MyBuildingPermit applicant and staff web portals.
9. Amendment of Administrative Policies
a) Amendments and changes to the Policies must first be approved by the Committee and
then forwarded to the Executive Director for review and to the Executive Board for final
adoption.
10. MyBuildingPermit Budget and Membership Fee Schedule
a) The MyBuildingPermit budget and membership fee schedule shall be updated and
established each year as part of the Alliance budget adoption or budget update process
by the Executive Board. The Committee will provide a budget and fee recommendation
which will be reviewed as part of the Executive Director's budget recommendation
process for the Executive Board.
11. Authorities
a) The Executive Board is the governing body of the eCityGov Alliance and as such has
final authority for the establishing and monitoring of this Policy.
b) The Executive Director and Committee are responsible for the implementation and
administration of this policy.
c) The Committee may formally adopt exceptions to this Policy that are consistent with
Section 4, Vision Statement and Section 5, Goals and Purpose provided that said
exceptions do not adversely impact MyBuildingPermit revenue and/or support resources.
Adopted exceptions shall be reported to the Executive Board through the regular
program reports.
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