HomeMy WebLinkAbout05.H- Information Technology i
RESOLUTION (ID #2533) DOC ID: 2533
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mark Yavornicky M/CC Meeting Date: 06/17/2013
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Prepared by: Mark Yavornicky, (909) 384-
5947
Dept: Information Technology Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of an Agreement with and the Issuance of a Purchase Order to Accela, Inc., for
Maintenance of the Permits+ System. (#2533)
Current Business Registration Certificate: Yes
Financial Impact:
The FY 2013-14 annual cost for licensing,maintenance and support of Permits+and associated
I programs is $57,335.53,which is the same as the FY 2012-13 amount.
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Account Budgeted Amount: $433,857.00
Account No. 679-250-0058*5172
Account Description: Equipment Maintenance
f Balance as o£ 07/01/2013
Balance after approval of this item: $376,521.47
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Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
June 4, 2012 -Resolution 2012-100 - Council approved the execution of a Permits+annual
maintenance agreement with Accela, Inc.
June 6, 2011 -Resolution 2011-117 - Council approved the execution of a Permits+annual
maintenance agreement with Accela, Inc.
June 7, 2010 - Resolution 2010-135 - Council approved the execution of a Permits+annual
maintenance agreement with Accela, Inc.
Background:
The Permits+ system was originally purchased in 1995, and is used by Community
Development, Fire, Code Enforcement, and the Water Department. This system is used to
produce and track various permits, cases, and inspections.
On January 7, 2008, City Council approved the purchase of Accela GIS, Accela Wireless, and
Updated: 6/12/2013 by Shauna Britton Packet pg`-22'
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Accela OfficeLink. These components are integrated with Permits+and are used to improve
customer service and streamline the inspection and permitting processes.
Accela, Inc. (Formerly Sierra Computer Systems, Inc.), located in San Ramon, California is the
vendor of the system, and the sole source for Permits+maintenance and support services. These
services include telephone support and software upgrades, and are necessary to keep this critical
system running and up to date.
City Attorney Review:
Supporting Documents:
Resolution-Permits+ System Maintenance (PDF)
Memo- Sole Source Purchase Request (DOC)
Quote-Permits+ System Maintenance (PDF)
Exhibit"A" -Agreement with Accela, Inc. (PDF)
Updated: 6/12/2013 by Shauna Britton Packet Pg. 123
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
3 AND THE ISSUANCE OF A PURCHASE ORDER TO ACCELA, INC., FOR
4 MAINTENANCE OF THE PERMITS+ SYSTEM.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1: The City Manager is hereby authorized to execute on behalf of said City 2
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8 an Agreement between the City of San Bernardino and Accela, Inc. for maintenance of the
9 Permits+ System, a copy of which is attached hereto as Exhibit"A". y
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SECTION 2. The Director of Finance or his/her designee is hereby authorized to issue a
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an annual purchase order to Accela, Inc., (the sole source for maintenance of the City's N
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Permits+system) in an amount not to exceed$57,335.53 for FY 2013-14 for maintenance of the
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City's Permits+ and Wireless Inspection system. The Purchase Order shall reference the �
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number of this Resolution and shall read, "Annual Permits+ Gold Maintenance, FY 2013-14. 2
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Not to exceed $57,335.53" and shall incorporate the terms and conditions of this Resolution
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17 including the attached Agreement, a copy of which is attached hereto as Exhibit"A".
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18 SECTION 3: This purchase is exempt from the formal contract procedures of Section a
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19 3.04.010 of the Municipal Code, pursuant to Section 3.04.010(B)(3) of said Code, "Purchases
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20 approved by the Mayor and Common Council."
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21 SECTION 4: The authorization to execute the above-referenced Agreement and issue E
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the above-referenced Purchase Order is rescinded if not executed/issued within sixty (60) days a
23 of the passage of this Resolution.
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I 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
D BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
2 AND THE ISSUANCE OF A PURCHASE ORDER TO ACCELA, INC., FOR
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MAINTENANCE OF THE PERMITS+SYSTEM.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,held d
6 on the day of , 2013, by the following vote,to wit:
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$ Council Members Ayes Nays Abstain Absent
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9 MARQUEZ N
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10 JENKINS E
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11 VALDIVIA M
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12 SHORETT
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13 KELLEY
14 JOHNSON
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McCAMMACK N
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Georgeann Hanna, City Clerk a
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The foregoing resolution is hereby approved this day of ,2013. °
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21 Patrick J. Morris,Mayor
City of San Bernardino .c
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Approved as to form: a
23 JAMES F. PENMAN, City Attorney
24 By.
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City of San Bernardino
Information Technology Department
Interoffice Memorandum
To: Allen J. Parker, City Manager
From: Mark Yavornicky, Information Technology Department
Subject: Sole Source Purchase Request for Maintenance and Support of the _
City' s Permitting System, pursuant to Municipal Code Chapter d
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3.04.010 (B) (3) _
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Date: June 3, 2013 =
Copies:
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The City has utilized the Accela Permits Plus software for over 17 years and Cn
has always contracted with Accela, Inc. for maintenance and support of this N
system. The Information Technology Department recommends that the City
continue to obtain these services Accela, Inc. for the following reasons: `m
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1. Accela, Inc. is the developer of the City' s permitting software, and is M
the sole source for maintenance and support of this software. ,M
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2. It is essential that a maintenance and support contract be in effect N
for this mission critical system.
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The Information Technology Department requests that the City Manager
authorize a sole source purchase of maintenance and support services for the N
City's financial system from Accela,Inc. , pursuant to San Bernardino
Municipal Code Section 3.04.010 (B) (3) . v
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Approved by: 0
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Allen J. Parker, City Manager y
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ACCELA SOFTWARE MAINTENANCE AND SUPPORT RENEWAL
QUOTE
May 21,2013 Agency: City of San Bernardino,CA
Mark Yavornicky Prepared by:
Applications Development Manager Gloria Crayton
Information Technology Department
300 N.D St. Tel: (925)659-3286
San Bernardino,CA 92418 Fax: (925)244-1207
Office(909)384-5947 gcrayton(a)accela.com
The following quote for your Annual Accela Maintenance and Support fee's is for the period of:
July 1,2013-June 30,2014
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PRODUCT LINE: PERMITS PLUS C
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Existing No. y
System/Peripheral of Users Amount
Permits Plus-Base Maintenance 30 16,336.38
Permits Client Server Maintenance 30 7,170.46
Permits Connect Maintenance 30 2,338.42 .�
Permits Workflow Maintenance 30 3,087.56 N
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Permits Scan-It Maintenance 30 703.15 N
Permits Office Link 30 870.88 +
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Accela Wireless Maintenance 20 19,027.45
Accela GIS Maintenance 20 4,874.49 E
GIS Optimized Routing(Site)Maintenance 1 2,926.74 d
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Total Maintenance and Support Fees $ 57,335.53
Sales Tax @ V
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TOTAL QUOTE $ 57,335.53 N
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Terms and Conditions:
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This Quote will change if additional user licenses or additional products are purchased or installed after the date of this quote. N
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Alternate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or >4
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purchase orders issued by Customer. +
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Quoted Rates are Valid until 6/30/2013;After Said Date,Rates are Subject to Change. E
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In order to continue your maintenance&support without interruption please provide Accela,Inc.
with a Purchase Order for the Total Quote amount stated above. 4...
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Check the appropriate box that applies to your renewal. d
Fax Purchase Order to the Finance Dept.at(925)659-3281 or email to:jgalvan @accela.com
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0 Purchase Order attached.Please invoice us.PO#
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0 It is the Agency's standard policy not to issue purchase orders.Please accept our signature as acceptance and Q
authorization to invoice us for said maintenance fees.We agree to remit payment based upon receipt of the invoice.
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Signature Date
Printed Name Title
Contact Phone Email
Remarks:
An invoice will be sent to you in advance of the start of the maintenance and support period. The invoice must be paid
before that date to avoid any interruption or cancellation of your maintenance&support services.
Packet Pg. 127
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Exhibit"A"
QVENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 1st day of July
2013, by and between Accela, Inc. ("VENDOR") and the City of San Bernardino
("CITY").
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WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the maintenance of its permitting and
inspection applications, Permits+, and E
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WHEREAS, the City of San Bernardino did solicit and accept a quote from the only y
vendor who supports this application; E
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NOW, THEREFORE,the parties hereto agree as follows: M
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1. SCOPE OF SERVICES.
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For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on Exhibit "1," attached hereto s
and incorporated herein.
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2. COMPENSATION AND EXPENSES. d
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a. For the services delineated above, the CITY shall pay VENDOR up to the amount
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of$57,335.53 for the period July 1, 2013 through June 30, 2014.
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b. VENDOR agrees to invoice the CITY on a quarterly basis. The sum of the w
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quarterly invoices shall not exceed $14,333.89 per quarter for the period July 1, E
2013 through June 30, 2014. a
c. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of one year, from July 1, 2013 to June
30,2014.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The duration of this Agreement may be extended with the written consent of both
parties.
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4. INDEMNITY. 2
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CITY agrees to indemnify and hold harmless VENDOR,its officers, agents and o,co
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volunteers from any and all claims, actions, losses, damages and/or liability resulting from In
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CITY's negligent acts or omissions arising from the CITY's performance of its obligations a
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under the Agreement. N
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
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volunteers from any and all claim, actions, losses, damages and/or liability resulting from a
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its 3
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obligations under the Agreement.
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In the event the CITY and/or the VENDOR is found to be comparatively at fault for any Q
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claim, action, loss, or damage which results from their respective obligations under the -
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this w
comparative fault, c
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5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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worker's compensation coverage, and shall file copies of said policies with the '
p CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in VENDOR'S Commercial General Liability policy of insurance
provided hereunder. VENDOR shall notify CITY of any change or termination in the policy
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by sending written notice to the address indicated herein. o
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6. NON-DISCRIMINATION. _
In the performance of this Agreement and in the hiring and recruitment of employees, w
VENDOR shall not engage in,nor permit its officers, employees or agents to engage in, N
discrimination in employment of persons because of their race,religion, color,national origin, d
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ancestry, age, mental or physical disability,medical condition,marital status, sexual gender or
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sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR. a
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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employees, and all business license, if any are required, in connection with the services to be s
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performed hereunder. a
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses, or shall obtain and maintain, a business
registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license,
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permits, qualifications, insurance and approval pp 1 of whatever nature that are legally required of
VENDOR to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
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States Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: Allen J. Parker, City Manager M
300 North"D" Street
Sail Bernardino, CA 92418 ;
Telephone: (909) 384-5122
TO THE VENDOR: Contracts Administration,Accela, Inc.
2633 Camino Ramon, Suite 120 0
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Bishop Ranch 3 a.
San Ramon, CA 94583 M
Telephone: (925) 659-320 N,
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, �
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 3
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of w
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its rights or remedies hereunder or the enforcement of any of the terms, conditions or Q
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provisions hereof. The costs, salary and expenses of the City Attorney and members of his -
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys X
fees"for the purposes of this paragraph.
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11. ASSIGNMENT.
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VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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' and shall
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Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder' der for the term of this Agreement. Notwithstanding, VENDOR may assign its rights ,..
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and obligations hereunder for purposes of financing or pursuant to corporate transactions
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involving the sale of all or substantially all of its stock or assets.
12. VENUE. E
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The parties hereto agree that all actions or proceedings arising in connection with this y
Agreement shall be tried and litigated either in the State courts located in the County of San a
Bernardino, State of California or the U.S. District Court for the Central District of California, M
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Riverside Division. The aforementioned choice of venue is intended by the parties to be c
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mandatory and not permissive in nature.
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13. GOVERNING LAW. a
This Agreement shall be governed by the Iaws of the State of California. c
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14. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this
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Agreement and their respective heirs,representatives, successors, and assigns. iz
15. HEADINGS. W
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its Q
provisions.
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16. SEVERABILITY.
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If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
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other circumstance, and the remaining provisions of this Agreement shall remain in full force �
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and effect. _
17. ENTIRE AGREEMENT; MODIFICATION.
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This Agreement constitutes the entire agreement and the understanding between the y
parties, and supersedes any prior agreements and understandings relating to the subject manner y
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of this Agreement. This Agreement may be modified or amended only by a written instrument M
executed by all parties to this Agreement.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day d
and date set forth below. C
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Dated: ,2013 ACCELA, INC., VENDOR c
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By: a
Its Assistant Corporate Secretary '
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Dated , 2013 CITY OF SAN BERNARDINO x
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By: E
Allen J. Parker, City Manager
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Approved as to Form:
JAMES F. PENMAN, City Attorney
By: � l
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Vendor Service Agreement by and between Accela, Inc. and the City of San Bernardino. �
EXHIBIT 1"—MAINTENANCE AGREEMENT =
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1. No Third Party Beneficiaries This Maintenance Agreement("MA") is intended for the exclusive benefit of the
Parties; nothing herein will be construed to create any benefits, rights, or responsibilities in any other parties.
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2. Term This MA is effective during the period specified hereinbelow. CITY may elect to continue its
maintenance coverage for additional annual terms by paying to VENDOR the fees associated with such terms
when these are due. Should CITY fail to renew its maintenance coverage or pay the applicable fees,
VENDOR reserves the right to withhold all support. if CITY resumes maintenance coverage after one or more E
periods without such coverage, CITY will pay an amount equivalent to one hundred ten percent(110%) of all a
maintenance fees attributable to the period(s) without coverage, as such fees are calculated based upon
pricing in effect at the time of resumption of maintenance coverage. M
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3. Scope of Maintenance
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3.1. Maintenance Services
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3.1.1. Telephone Support VENDOR will provide CITY with a telephone number to contact the Q
Customer Resource Center (CRC), VENDOR's live technical support facility, which is r
available from 4:00 a,m. until 6:00 p.m. Pacific time Monday through Friday, excluding 3
VENDOR's observed holidays. _
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3.1.2. E-Mail Support VENDOR will provide CITY with one or more electronic mail addresses to E'
which CITY may submit routine or non-critical support requests,which VENDOR will address a
during its regular business hours.
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3.1.3. Online Support VENDOR will provide CITY with access to archived software updates and
other technical information in VENDOR's online support databases, which are continuously
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3.1.4. Remote Support When required to properly resolve a maintenance request, VENDOR will E
provide remote assistance to CITY via the WebExT" Meeting CenterTm environment or U
another mutually-acceptable remote communications method. :°
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3.1.5.On-Site Support If CITY does not wish for VENDOR to resolve its maintenance requests
remotely, VENDOR will provide on-site assistance to CITY at VENDOR's then-current time-
and-materials rates. In addition to these charges, CITY will compensate VENDOR for
associated airfare, lodging, rental transportation, meals, and other incidental expenses as
such expenses accrue.
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3.1.6. Software Updates VENDOR will provide revisions of and enhancements
to maintained
software products to CITY as such updates are generally-released by VENDOR.
3.2. Maintenance Limitations
3.2.1. Limitations Generally The following are not covered by this MA, but may be separately
available at rates and on terms which may vary from those described herein:
a) Services required due to misuse of the VENDOR-maintained software products;
b) Services required due to software corrections, customizations, or modifications not c
developed or authorized by VENDOR; C
c) Services required by CITY to be performed by VENDOR outside of VENDOR's
usual working hours;
d) Services required due to external factors including, but not necessarily limited to, 2
CITY's use of software or hardware not authorized by VENDOR; >%
e) Services required to resolve or work-around conditions which cannot be reproduced +
in VENDOR's support environment; r
f) Services which relate to tasks other than maintenance of CITY's existing E
implementation and configuration of the VENDOR-maintained software products a
including, but not necessarily limited to, enhancing or adapting such products for
specific operating environments;
g) Services requested by CITY to implement software updates provided by VENDOR
pursuant to this MA; and Li
h) New or additional applications, modules, or functionality released by VENDOR =
during the term of this MA,
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3.2.2. Legacy Releases VENDOR will provide maintenance support for the current release of each Q
of its maintained software applications and for the release immediately preceding such
current release. All other releases are deemed to be "Legacy Releases". VENDOR will
respond to maintenance requests concerning Legacy Releases only using currently-
available information. Services requiring additional research, engineering-level support, or
coding or programming by VENDOR will not be provided pursuant to this MA, but may be
separately available at rates and on terms which may vary from those described herein. ¢
4. Other Terms and Conditions Q
4.1. CITY Obligations As required, CITY will provide VENDOR with appropriate access to CITY's facilities, x
data systems, and other resources. If Security restrictions impair such access, CITY acknowledges that w
some maintenance services hereunder may not be provided to CITY. It is CITY's sole responsibility to
maintain current backup copies of its data and of its implementation of VENDOR's software products. If E
CITY's failure to create proper backups substantially increases the difficulties of any remedial actions by
VENDOR hereunder, VENDOR reserves the right to charge CITY for any extra work reasonably- Q
attributable to such increased difficulty, as calculated at VENDOR's then-current time-and-materials
rates.
4.2. Proprietary Rights The remedial methods, software updates, and product information provided to CITY
pursuant to this MA are protected under the laws of the United States and the individual states and by
international treaty provisions. VENDOR retains full ownership in such items and grants to CITY a
limited, nonexclusive, nontransferable license to use the items, subject to the terms and conditions of this
MA and other agreements between VENDOR and CITY.
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4.1 Limiiation of Liability VENDOR provides no warranty whatsoever for any third-party hardware or software
products. Third-party applications which utilize or rely upon the Application Services may be adversely
affected by remedial or other actions performed pursuant to this MA; VENDOR bears no liability for and
has no obligation to remedy such effects. Except as set forth herein, VENDOR provides all Maintenance
Services "as is" without express or implied warranty of any kind regarding the character, function,
capabilities, or appropriateness of such services or deliverables. To the extent not offset by its insurance
coverage and to the maximum extent permitted by applicable laws, in no event will VENDOR's
cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever
suffered by CITY or any other person or entity exceed the fees paid to VENDOR by CITY during the c
twelve(12) calendar months immediately preceding the circumstances which give rise to such claim(s)of
liability,even if VENDOR or its agents have been advised of the possibility of such damages.
4.4. Force Maieure If either party is delayed in its performance of any obligation under this MA due to causes
or effects beyond its control, that party will give timely notice to the other party and will act in good faith to
resume performance as soon as practicable. v�
4.5. Survival The following provisions will survive the termination or expiration of this MA: Section 2, as to
CITY's obligation to pay any fees associated with a lapse in maintenance coverage upon resumption of a
such coverage and Section 4 and all subsections thereof with the exceptions of Subsections 4.1 and 4.4.
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4.6. Alternate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions N
accompanying drafts and/or purchase orders issued by CITY.
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Exhibit Follows. c
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EXHIBIT 2
Deliverables Fee
Accela`PERMITS' Plus°Maintenance 30 Concurrent User Licenses $16,336.3
Accela'PERMITS' Plus Client Server?'" Maintenance 30 Concurrent User Licenses $7,170.4
Accela'PERMITS' ConnectIm Maintenance 30 Concurrent User Licenses $2,338.4
Accela'PERMITS'WorkfiowTM Maintenance 30 Concurrent User Licenses $3,Q87.5
Accela'PERMITS' Scan-ItTm Maintenance 30 Concurrent User Licenses $703.1:
Accela`PERMITS'Office LinkTM Maintenance 30 Concurrent User Licenses $870.8 _
Accela Wireless Maintenance 20 Concurrent User Licenses $19,027.4: E
Accela GISTM with Optimized Routing Maintenance 20 named user licenses .45$4,874 c
GIS Optimized Routing Site Maintenance
$2,926.7 g
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Total`ofFees $57335:5;
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Maintenance Fees are fixed-price deliverables for which full payment is due upon signing. M
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Maintenance Fees are for the period July 1,2013 to June 30,2014.
END OF DOCUMENT
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