HomeMy WebLinkAbout05.I- Information Technology RESOLUTION (ID #4501) DOC ID: 4501 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Mark Yavornicky M/CC Meeting Date: 07/05/2016
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 a Vendor Services Agreement with Accela, Inc. for Permit Application
Maintenance Services. (#4501)
Current Business Registration Certificate: Yes
Financial Impact:
The FY 2016-17 annual cost for maintenance of Permits Plus and associated programs
is $72,843.80, which is a 10% increase over the FY 2015-16 amount.
Account Budgeted Amount: $219.351.00
Account No. 679-250-0058*5172
Account Description: Equipment Maintenance
Balance as of: 07/01/2016
Balance after approval of this item: $146,507.20
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 15, 2015 - Resolution 2015-117 - Council approved the execution of a
Permits+ annual maintenance agreement with Accela, Inc.
June 16, 2014 - Resolution 2014-163 - Council approved the execution of a
Permits+ annual maintenance agreement with Accela, Inc.
June 17, 2013 - Resolution 2013-110 - Council approved the execution of a
Permits+ annual maintenance agreement with Accela, Inc.
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
Updated: 6/27/2016 by Georgeann "Gigi" Hanna C M0� �
4501
Permits+ annual maintenance agreement with Accela, Inc.
Background:
The Permits Plus system was originally purchased in 1995, and is used by Community
Development, Fire, Code Enforcement, Public Works, 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 Accela OfficeLink. These components are integrated with Permits Plus
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 Plus
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:
Permits Plus Resolution (DOC)
® agrmt. 4501 (PDF)
Accela permitting software maintenance quote (PDF)
Sole Source Letter (DOC)
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Updated: 6/27/2016 by Georgeann "Gigi" Hanna C Packet g1r6"r"i
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES
3 AGREEMENT WITH ACCELA, INC. FOR PERMIT APPLICATION MAINTENANCE
4 SERVICES.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized and directed to execute on behalf
8
9 of the City of San Bernardino ("City") an Agreement between the City and Accela, Inc. for
lo maintenance of the Permits Plus System, a copy of which is attached hereto as Exhibit "A" and
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11 A
incorporated herein by this reference as though set forth in full.
12 a.
SECTION 2. The Director of Finance is hereby authorized and directed to issue an
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annual purchase order to Accela, Inc. in an amount not to exceed $72,843.80 for Fiscal Year n.
14 ••
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15 2016/17 for maintenance of the City's Permits Plus and Wireless Inspection system. The LO
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16 Purchase Order shall reference the number of this resolution and shall read, "Annual Permits
17 Plus Maintenance, FY 2016/17. Not to exceed $72,843.80" and shall incorporate the terms and
18
conditions of this resolution, including the attached Agreement. a
19 Cn
20 SECTION 3. This purchase is exempt from the formal contract procedures of Section E
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21 3.04.010 of the Municipal Code, pursuant to Section 3.04.010(B)(3) of said Code, "Purchases
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approved by the Mayor and Common Council."
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SECTION 4. The authorization to execute the above referenced Agreement is rescinded
24
25 if the parties to the Agreement fail to execute it and return it to the Office of the City Clerk and
26 within sixty(60) days of the passage of this Resolution.
27
28
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PaG�ket�f��gt�57
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR SERVICES
2 AGREEMENT WITH ACCELA, INC. FOR PERMIT APPLICATION MAINTENANCE
3 SERVICES.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on the
7 day of , 2016, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
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11 BARRIOS
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12 VALDIVIA a
13 SHORETT E
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NICKEL c
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RICHARD c
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17 MULVIHILL o
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19 Georgeann Hanna, City Clerk y
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2o The foregoing Resolution is hereby approved this day of 12016.
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22
R. Carey Davis, Mayor
23 City of San Bernardino
Approved as to form:
24 Gary D. Saenz, City Attorney
25
26 By:
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2
Exhibit A
VENDOR SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
ACCELA, INC. FOR
APPLICATION MAINTENANCE SERVICES
This Vendor Services Agreement (the "Agreement") is entered into this day of ,
20 ,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
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Accela, Inc. a corporation, incorporated under the laws of the State of California and
having its principal place of business at 2633 CAMINO RAMON, SUITE 500, SAN
RAMON CA 94583 (the "VENDOR") (individually CITY or VENDOR may be referred g
to as a "PARTY" and collectively CITY and VENDOR may be referred to as the E
"PARTIES").
WITNESSETH :
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WHEREAS, the Mayor and Common Council of CITY have determined that it is advantageous 4
and in the best interest of the CITY to contract for application maintenance services for the (D
Permits Plus System; and, a.
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WHEREAS, the VENDOR is the sole source vendor for application maintenance services for
the Permits Plus System; and,
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WHEREAS, CITY and VENDOR desire to contract for application maintenance services and E
desire to set forth their rights, duties,and liabilities in connection with their performance; and, a,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows: E
1. SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide those
products and services as set forth on Attachment"l,"attached hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
2.1 Compensation. VENDOR shall be paid for the services set forth in Attachment
"I" a total annual fixed sum of $72,843.80. No other amounts, except those
expressly provided for in this Agreement, shall be paid by CITY.
ROW VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
ACCELA,INC. FOR APPLICATION MAINTENANCE SERVICES
Page 1 of 11
Exhibit A
Nnpll 2.2 Additional Services. VENDOR shall not receive compensation for any services
provided outside the scope of services specified in this Agreement unless the
CITY, prior to VENDOR performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests
and/or approvals of such additional services or additional compensation shall be
barred and are unenforceable.
3.3 Method of Billing. VENDOR may submit invoices to CITY for approval at
intervals no more often than quarterly, in advance. CITY shall pay VENDOR's
invoice within forty-five (45) days from the date CITY receives said invoice.
3.4 Records and Audits. Records of VENDOR's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting
principles and shall be made available to CITY upon reasonable notice.
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3. TERM; TERMINATION.
The term of this Agreement shall be from July 1, 2016 until June 30, 2017, inclusive. E
This Agreement may be terminated at any time upon thirty (30) days written notice by either
PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing.
The duration of this Agreement may be extended with the written consent of both parties. N
4. INDEMNITY.
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To the extent of its liability, VENDOR agrees to and shall indemnify and hold the CITY, its
elected officials, employees, agents, or representatives, free and harmless from all claims,
actions, damages and liabilities of any kind and nature arising from bodily injury, including o
death, or property damage, based or asserted upon any actual or alleged act or omission of V
VENDOR, its employees, agents, or subcontractors, relating to or in any way connected with the E
accomplishment of the work or performance of services under this Agreement, unless the bodily
injury or property damage was actually caused by the sole negligence of the CITY, its elected
officials, employees, agents or representatives. As part of the foregoing indemnity, VENDOR
agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected
r officials, employees, agents or representatives from any and all legal actions based upon such
actual or alleged acts or omissions. a
5. INSURANCE.
5.1 Minimum Scope and Limits of Insurance. VENDOR shall obtain and maintain
during the life of this Agreement all of the following insurance coverage:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, personal injury
with a policy limit of not less than One Million Dollars ($1,000,000.00),
• combined singles limits,per occurrence and aggregate.
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
ACCELA,INC.FOR APPLICATION MAINTENANCE SERVICES
Page 2 of l I
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Exhibit A
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(b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with
a policy limit of not less than One Million Dollars ($1,000,000.00), combined
single limits,per occurrence and aggregate.
(c) Worker's compensation insurance as required by the State of California.
5.2 Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds with
respect to this contract with City."
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(b) Notice: "City shall receive thirty (30) days written notice of termination or c
cancellation."
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(c) Other insurance: "Any other insurance maintained by the City of San 2
Bernardino shall be excess and not contributing with the insurance provided E'
by this policy."
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5.3 Certificates of Insurance. VENDOR shall provide to CITY certificates of a
0 insurance showing the insurance coverages and required endorsements described
above, in a form and content approved by CITY, prior to performing any services E
under this Agreement. a
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6. NON-DISCRIMINATION. LO
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In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR
shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in
employment of persons because of their race, religion, color, national origin, ancestry, age, E
mental or physical disability, medical condition, marital status, sexual gender or sexual
orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes a
VENDOR shall be an independent contractor and not an agent or employee of the CITY.
VENDOR shall secure, at its expense, and be responsible for any and all payment of Income
Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation,
and other payroll deductions for VENDOR and its officers, agents, and employees, and all
business license, if any are required, in connection with the services to be performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and
maintain,a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
ACCELA,INC.FOR APPLICATION MAINTENANCE SERVICES
Page 3 of 11
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Exhibit A
other licenses,permits, qualifications, insurance and approval of whatever nature that are legally
required of VENDOR to practice its business or profession.
9. NOTICES.
Any notices, documents, correspondence, or other communication concerning this Agreement or
the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally
delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by
U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S.
Mail as reflected by the official U.S. postmark.
TO THE CITY: TO THE VENDOR:
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Office of the City Manager Contracts Administration r-
300 N D ST, 6"'Floor 2633 Camino Ramon, Ste 500
San Bernardino, CA 92418 San Ramon, CA 94583
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Either PARTY may change the address for delivery of notices by sending notice of the change to E
the other PARTY in conformity with this Section. y
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10. ATTORNEYS' FEES 0
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In the event that litigation is brought by any PARTY in connection with this Agreement, the E
prevailing party shall be entitled to recover from the opposing party all costs and expenses, a�
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its a
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions Q
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in v
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph. LO
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 and shall constitute
a breach of this Agreement and cause for the termination of this Agreement. Regardless of a
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 for the term of this
Agreement. Notwithstanding, Vendor may assign its rights and obligations hereunder for
purposes of financing or pursuant to corporate transactions involving the sale of all or
substantially all or its stock or assets.
1
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
ACCELA,INC.FOR APPLICATION MAINTENANCE SERVICES
Page 4 of 11
Packet Pg. 162
Exhibit A
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this Agreement
shall be tried and litigated either in the Superior Court of the State of California for the County of
San Bernardino or the United States District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed and construed under the laws of the State of California
without giving effect to that body of laws pertaining to conflict of laws.
14. SUCCESSORS AND ASSIGNS. c
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This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement c
and their respective heirs, representatives, successors, and assigns.
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15. HEADINGS. N
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The subject headings of the sections of this Agreement are included for the purposes of
mow,, convenience only and shall not affect the construction or the interpretation of any of its °-
provisions. te
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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 o
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enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. Z
17, REMEDIES; WAIVER. E
All remedies available to either PARTY for one or more breaches by the other PARTY are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of Q
any other remedies.
The delay or failure of either PARTY to require performance or compliance of the other of any
of its obligations under this Agreement shall in no way be deemed a waiver of those rights to
require such performance or compliance. No waiver of any provision of this Agreement shall be
effective unless made in writing and signed by a duly authorized representative of the PARTY
against whom it is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of such right or remedy with respect to any future
occurrences or events and shall not be deemed a continuing waiver.
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VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
ACCELA,INC. FOR APPLICATION MAINTENANCE SERVICES
Page 5 of It
Exhibit A
18, ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement and the understanding between the PARTIES,
and supersedes any prior agreements and understandings relating to the subject matter of this
Agreement.
19. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement. In the
event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf'
format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or".pdf'signature page were an original thereof.
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20. AMENDMENT.
No amendment to this Agreement will be effective unless it is in writing and signed by both E
PARTIES. N
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21. CORPORATE AUTHORITY. U)
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Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are
duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the
PARTIES hereto are formally bound to the provisions of this Agreement. °
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22. COMPLIANCE WITH LAW 7
VENDOR agrees to abide by all federal, state, and local laws, ordinances and regulations. v
23. FORCE MAJEURE. E
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A PARTY shall not be liable for any failure or delay in the performance of this Agreement for E
the period that such failure or delay is due to causes beyond its reasonable control, including but s
not limited to acts of God, wax, strikes or labor disputes, embargoes, governmental orders or any
other force majeure event. Q
24. RESPONSIBILITY FOR ERRORS.
VENDOR shall be responsible for its work as further described in Attachment"1."
25. ORDER OF PRECEDENCE.
I In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits
or Attachments, the terms set forth in this Agreement shall prevail.
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
ACCELA,INC.FOR APPLICATION MAINTENANCE SERVICES
Page 6 of 11
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Exhibit A
26. CONSTRUCTION.
The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the
event an ambiguity or question of intent or interpretation arises with respect to this Agreement,
this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with
its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
Party by virtue of authorship of any of the provisions of this Agreement.
[Signature Page Follows]
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VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
ACCELA,INC.FOR APPLICATION MAINTENANCE SERVICES
Page 7 of 11
Exhibit A
VENDOR SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
ACCELA,INC. FOR
APPLICATION MAINTENANCE SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2016 VENDOR: Accela, Inc.
By:
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Dated , 2016 CITY OF SAN BERNARDINO n
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By: a.
Mark Scott, City Manager
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APPROVED AS TO FORM: o
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Gary D. Saenz, City Attorney
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By. G E
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VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
ACCELA,INC.FOR APPLICATION MAINTENANCE SERVICES
Page 8 of 11
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ATTACHMENT"1"
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.
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 periods without such
coverage, CITY will pay an amount equivalent to one hundred ten percent (110%) of all 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.
3, Scope of Maintenance
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31 Maintenance Services
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3.1.1. Telephone Support VENDOR will provide CITY with a telephone number to contact the Customer
Resource Center(CRC), VENDOR's live technical support facility, which is available from 4:00 a.m.
until 6:00 p.m. Pacific time Monday through Friday,excluding VENDOR's observed holidays. E
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3.1.2. E-Mail Support VENDOR will provide CITY with one or more electronic mail addresses to which
CITY may submit routine or non-critical support requests, which VENDOR will address during its
regular business hours. a
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 available. n-
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3.1.4. Remote Support When required to properly resolve a maintenance request, VENDOR will provide Ln
remote assistance to CITY via the WebEx1m Meeting CenterTm environment or another mutually-
acceptable remote communications method. o
3.1.5. On-Site Support If CITY does not wish for VENDOR to resolve its maintenance requests remotely, E
VENDOR will provide on-site assistance to CITY at VENDOR's then-current time-and-materials rates. a�
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. a
32 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 developed or
authorized by VENDOR;
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, CITY's use of
software or hardware not authorized by VENDOR;
Attachment 1 Page 1
e) Services required due to the operation of interfaces between the Accela-maintained software
products and other software products or systems, even where such interfaces were provided or
implemented by Accela;
f) Services required to resolve or work-around conditions which cannot be reproduced in VENDOR's
support environment;
g) Services which relate to tasks other than maintenance of CITY's existing implementation and
configuration of the VENDOR-maintained software products including, but not necessarily limited to,
enhancing or adapting such products for specific operating environments;
h) Services requested by CITY to implement software updates provided by VENDOR pursuant to this
MA;and
i) New or additional applications, modules,or functionality released by VENDOR during the term of this
MA.
3.2,2. Le
,gacy Releases VENDOR will provide maintenance support for the current release of each 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 E
herein.
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4. Other Terms and Conditions co
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4.1. CITY Obligations As required, CITY will provide VENDOR with appropriate access to CITY's facilities, .
data systems, and other resources, If Security restrictions impair such access, CITY acknowledges that
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 °
CITY's failure to create proper backups substantially increases the difficulties of any remedial actions by S
VENDOR hereunder, VENDOR reserves the right to charge CITY for any extra work reasonably- LO
attributable to such increased difficulty,as calculated at VENDOR's then-current time-and-materials rates.
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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 E
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. W
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4.3. Limitation 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 a
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 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,
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Attachment 1 Page 2
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4.4. Force Majeure 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,
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
such coverage and Section 4 and all subsections thereof with the exceptions of Subsections 4.1 and 4.4.
4.6. Alternate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions
accompanying drafts and/or purchase orders issued by CITY.
Deliverables and Fees Fees
Accela'PERMITS'Pluse Maintenance 30 Concurrent User Licenses $20,756.10
Accela'PERMITS'Plus Client ServerTA° Maintenance 30 Concurrent User Licenses $9,110.67 c
Accela'PERMITS'ConnectTM Maintenance 30 Concurrent User Licenses $2,970.57
Accela'PERMITS'WorkflowT"'Maintenance 30 Concurrent User Licenses $3,923.93
Accela'PERMITS' Scan-ItTM Maintenance 30 Concurrent User Licenses $892.34 E
Accela'PERMITS'Office LinkTM Maintenance 30 Concurrent User Licenses $1,105.50
Accela Wireless Maintenance 20 Concurrent User Licenses)_ $24,173.67 a
Accela GISTM with Optimized Routing Maintenance 20 named user licenses $6,191.94
GIS Optimized Routing Site Maintenance $3,719.08 a
• Total'of Fees ;$72;843;80: w
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Maintenance Fees are fixed-price deliverables for which full payment is due upon signing. a
Maintenance Fees are for the period July 1,2016 to June 30,2017. o
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END OF DOCUMENT
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Attachment 1 Page 3
2 Accela Quote
Accela Inc.
2633 Camino Ramon, Suite 500 Date 03/22/2016
San Ramon CA 94583 Quote# 3173
Page 1 of 1
Payment Terms Net 30 U
Due Date 05/3112016
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Bill To PO#
San Bernardino, CA Account Manager �
300 North D.Street-4th Floor Project V
San Bernardino CA 92418 Term Start Date 07/01/2016
Term End Date 06/30/2017 E
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Currency USD y
Ship To N
San Bernardino, CA
300 North D.Street-4th Floor rn
San Bernardino CA 92418
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Item!SKU Qty Description Amount
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MR20C000M120501 30 PERMITS Plus Annual Maintenance and Support Renewal $20,756,10
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MR2000OOM120501 30 PERMITS Plus Client Server Annual Maintenance and $9,110.67 0
Support Renewal Cr
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MR2000OOM120501 30 PERMITS Plus Connect Annual Maintenance and Support $2,970.57 cc
Renewal
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MR2000OOM120501 30 PERMITS Plus Workflow Annual Maintenance and Support $3,923.93
Renewal
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MR20C000M120501 30 PERMITS Plus Scan-it Annual Maintenance and Support $892.34 R
Renewal
MR20C000M120501 30 PERMITS Plus Office Link Annual Maintenance and Support $1,105.50 0
Renewal
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MR100GISM120601 20 Accela GIS Annual Maintenance and Support Renewal $6,191.94
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MR100WIRM120601 20 Accela Wireless Annual Maintenance and Support Renewal $24,173.67
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MR10AENTGIS0601 1 Accela GIS Site License Annual Maintenance and Support $3,719.08 a)
Renewal
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Tax Total $O.UO E
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Total $72,843,80
Please direct inquiries to: Remit To: Wiring Instructions
Accounts Receivable Dept.at(925)659-3275 Accela Inc. Wells Fargo Bank
Send an email to:accountsreceivableeaccela.com #774375 For credit to:Accela Inc.
4375 Solutions Center Account:412-1765507
Accela TAX ID:94-276-7676 Chicago, IL 60677-4003 ABA: 121000248
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City of San Bernardino
Information Technology Department
Interoffice Memorandum
To: Mark Scott, City Manager
From: Mark Yavornicky, Information Technology Department
Subject: Sole Source Purchase Request for Permit Application Maintenance
Services, pursuant to Municipal Code Chapter 3.04.010 (B) (3)
Date: June 15, 2016
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Copies: v
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The City has utilized the Accela Permits Plus software for over 19 years and S
has always contracted with Accela, Inc. for maintenance of this software. 2
The Information Technology Department recommends that the City continue to m
obtain these services Accela, Inc. for the following reasons: N
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1. Accela, Inc. is the developer of the City's permitting software, and is N
the sole source for maintenance and support of this software.
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2. It is essential that a maintenance contract be in effect for this
® mission critical system. `m
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The Information Technology Department requests that the City Manager
authorize a sole source purchase of maintenance services for the City's
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permitting software from Accela,Inc. , pursuant to San Bernardino Municipal
Code Section 3.04.010(B) (3) . L-
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Approved by:
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Mark Scott, City Manager
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