HomeMy WebLinkAbout2020-12-14 City Council Agendas (18)
City of Palo Alto (ID # 11792)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/14/2020
City of Palo Alto Page 1
Summary Title: Contract Approval with TruePoint, LLC for Accela Support
Services
Title: Approval of Contract Number C21179976 With TruePoint Solutions, LLC
in the Amount of $901,683 for Scripting, Reporting, and Other Technical
Support of Services Related to the Construction Permitting System (Accela)
Through December 31, 2024
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that Council approve and authorize the City Manager or his designee to
execute Contract C21179976 with TruePoint Solutions, LLC in the Amount of $901,683 for
Scripting, Reporting, and Other Technical Support of Services Related to the Construction
Permitting System (Accela) from January 1, 2021 through December 31, 2024.
Background
Accela provides the City with capabilities to track, schedule, bill and manage
applications/permits from entitlement to construction to code enforcement. In 2013, the
Development Services Department (DSD) released a Request for Proposals (RFP) for technology
support of the Accela system. TruePoint was the only company to respond and was awarded an
$85,000 contract.
In June 2013 (Staff Report 3775), the contract was amended, adding $72,800 to deploy Accela
mobile applications. In October 2013 (Staff Report 4056) Amendment 2 was approved to
extend the contract three years and to provide $495,000 in additional funding for deployment
and transition support for Accela Citizen Access implementation and other department
initiatives. In October 2015 (Staff Report 6079), Council approved Amendment 3 to add
$290,000 for new activities such as increasing the number of online permits offered, updating
fee calculators in Accela, automating expired permit notifications, enhancing scheduling
capabilities, automating the use & occupancy process, and developing an online plan
review system allowing paperless submittal and review for a select type of permit or
entitlement applications. Together, these enhancements streamlined processes such as the
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ability to access to project schedules, submit, view, pay, or obtain status of permits, and
positioned the City for upgrading to new versions of Accela.
In 2015, the Planning & Community Environment (PCE) Department, prior to the creation of the
PDS, established another contract with TruePoint to add the calculation, invoicing, and
payment of impact fees into Accela. This process provided further accuracy, consistency,
record keeping, and an easily auditable record of impact fees assessed and paid. In 2019, PCE
and DSD merged into the Planning & Development Services Department (PDS). In February of
2020, the new department amended the existing contract to extend the term by six months
through December 30, 2020, with no change to compensation. The term extension was
necessary to ensure TruePoint focused on supporting the implementation of Online Permitting
Services (OPS) and electronic document review (EDR) software, which has allowed the City to
provide services during the County’s Shelter in Place order, due to the COVID 19 pandemic.
Discussion
The TruePoint contract, before City Council for approval, is comprised of two tasks: ongoing
maintenance and implementation of major projects. This contract reflects the City’s ongoing
commitment to streamlining the development/construction internal processes and to improve
the customer service experience. The ongoing maintenance work is to support day to day
operations such as application intake, billing, tracking, project implementation (resulting
inspections, workflow, etc.) and reporting. With approval of this contract, TruePoint will
continue to ensure the Accela system operates optimally and will communicate with other
City/department software. For example, due to the County’s Shelter in Place order, the
department was able to quickly shift all applicant submittals online. TruePoint was instrumental
in making this transition.
The contract also lists a series of major projects that the City would like to implement in coming
years. These include but not limited to, supporting and enhancing the City’s recently launched
Online Permitting Services (OPS) and electronic document review (EDR) software, implementing
Geographic Information Systems (GIS) integration with Accela, supporting the City’s new ‘Open
Forms’ service based website integration with Accela system, expanding and enhancing the
integration of the 311 Customer Relations Management (CRM) system with
Accela, implementing future changes to impact fee and in-lieu fee calculations and adding
additional fees as needed in Accela, code scripting, report writing, utilization of enhanced
features from Accela, continued development of new mobile apps for customers and staff,
and performance activity reporting that can inform decision makers on various metrics, such as
entitlement and permit activity, revenue streams, and staff workloads.
The existing contract ends on December 31, 2020. A Request of Proposal (RFP) was issued for
Accela Support Services on August 13, 2020. The RFP closed for responses on September 10,
2020, resulting in four proposal. Three proposals did not submit all the required information
requested in the RFP and were deemed as nonresponsive. TruePoint's proposal met all of the
RFP requirements and was further evaluated for consideration and award. After staff
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evaluation, of service and cost, TruePoint was selected. TruePoint hourly billable rate is $143.58
held constant through the four-year term. The firm is scheduled to work 25 hours per week for
a total of 1300 hours per year equaling $186,654 per year or $746,616 for the term of the
contract. Exhibit C of the contract details the costs. For the aforementioned major projects and
contingency, the contract will authorize $155,067 thus bringing the total contract authority to
$901,683. The City is not bound to fully utilize the contract and use of the contract will be based
upon City need and Council-approved budget.
Resource Impacts
Funding for this contract in FY 2021 is within budgeted levels adopted by the City Council, no
additional funding is requested. Technology costs are cost recovered at the Development
Center through a 2% technology fee that is assessed on private construction projects. Planning
fees also capture technology costs for the intended purpose of technology maintenance and
enhancements.
Environmental Impact
The approval of this contract is exempt from review under the California Environmental Quality
Act (CEQA) under CEQA Guidelines section 15061(c)(3) because it can be seen that there is no
possibility that the activity in question may have a significant effect on the environment.
Attachments:
• C21179976 - TruePoint - Final
City of Palo Alto Contract No. C21179976
Professional Services Rev. April 23, 2020 Page 1 of 37
CITY OF PALO ALTO CONTRACT NO. C21179976
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND TRUEPOINT SOLUTIONS, LLC FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 1st day of January, 2021, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TRUEPOINT SOLUTIONS, a California Limited Liability company, located at 3262 Penryn Road, Suite 100-B, Loomis, California, 95650 ("CONSULTANT").
RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to provide specialized services to manage and mentor five primary divisions
(Public Works, Utilities, Planning, Building, and Fire) who use the Accela product (“Project”)
and desires to engage a consultant to be the conduit between the software vendor (Accela) and City subject matter experts (SME’s) from each division to enhance their knowledge and utilization of the Accela product in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree: AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31, 2024 unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term of
this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this
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Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery
of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and
reimbursable expenses, shall not exceed Nine Hundred One Thousand Six Hundred Eighty Three
Dollars ($901,683.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed Nine Hundred One Thousand Six Hundred Eighty Three Dollars ($901,683.00). The
applicable rates and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OF
RATES,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-
1”). If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to
perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or
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similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections of such errors and omissions, any change order markup costs, or costs arising from delay caused by
the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s
stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made
without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Keith Hobday to have supervisory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any
reason, the appointment of a substitute project director and the assignment of any key new or
replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not
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perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property.
CITY’s project manager is Roland Rivera, Planning & Development Services, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650) 329-2541. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of
the suitability of the work product for use in or application to circumstances not contemplated by
the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
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SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or
law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming CITY
as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrent-ly with the execution of this Agreement. The certificates will be subject to the approval of CITY’s
Risk Manager and will contain an endorsement stating that the insurance is primary coverage and
will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written
notice of the cancellation or modification within two (2) business days of the CONSULTANT’s
receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services.
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19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event
of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303
With a copy to the Purchasing Manager To CONSULTANT: Keith Hobday TRUEPOINT SOLUTIONS
3262 Penryn Road, Suite 100-B
Loomis, CA 95650 SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
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21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant”
as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such
person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste
best practices include first minimizing and reducing waste; second, reusing waste and third,
recycling or composting waste. In particular, CONSULTANT shall comply with the following zero waste requirements: (a) All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes,
invoices, reports, and public education materials, shall be double-sided and printed
on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide
documentation from the facility accepting the pallets to verify that pallets are not being disposed.
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SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62
(Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In
addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for
a portion of the fiscal year and funds for this Agreement are no longer available. This section shall
take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS 26.1 This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in accordance with SB 7 if the contract is not a public works contract, if the contract does not include
a public works construction project of more than $25,000, or the contract does not include a public
works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000. SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California. 27.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
27.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
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27.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
27.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties.
27.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect.
27.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this Agreement with CONSULTANT, CITY shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City’s express written consent.
27.10 [Reserved]
27.11 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement.
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CONTRACT No. C21179976 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO
_______________________________ City Manager
_______________________________ Purchasing Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
TRUEPOINT SOLUTIONS Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments: EXHIBIT “A”: SCOPE OF SERVICES EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS EXHIBIT “E”: INFORMATION PRIVACY POLICY (P&P I-64/IT) & SOFTWARE AS A SERVICE (SAAS) SECURTY AND PRIVACY TERMS & CONDITIONS
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Keith Hobday
Partner
Don Hunsinger
Partner
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EXHIBIT “A” SCOPE OF SERVICES
CONSULTANT will provide the CITY with Accela Support Services. CONSULTANT shall be the conduit between the software vendor (Accela) and City subject matter experts (SME’s) from each division to further enhance their knowledge and utilization of the Accela product, provide training, co-develop Management Reports and make modifications to the Accela Platform to
improve efficiency and operations to outside programs such as apps utilized by the CITY.
Tasks 1: Ongoing Support and Maintenance I. Work closely with designated City staff to identify the best approach and needs of the individual “Super Users” from each division.
II. Introduce new features and functionality as it becomes available using the most up to
date software and provide expert support to the operational needs of the City’s end users with all of the City’s Accela products. III. Day to Day Mentoring and Guidance IV. Support implementation and enhancement of Online Permitting Services including the
Electronic Document Review interface
V. Support implementation and provide training on all Accela modules, Accela Automation, Apps, and Electronic Document Review software VI. Enhance efficiency and utility of Planning Mitigation Monitoring (PMM) and Transportation Demand Management (TDM) records
VII. Provide support on various existing PDS dashboards and implement new dashboards
as required by the City VIII. System maintenance support on Accela Mobile Office (includes AMO, iPad App, iPhone App or Android App) a. Work with each group to define and deploy the “best fit” mobile APP
b. Provide basic training on Accela Mobile Apps
c. Create custom reports or email notifications from mobile devices IX. On-site or Remote assistance and support for Super Users when deemed appropriate by the City a. Configuration changes and enhancements as recommended by CONSULTANT
b. Custom Quick Query creation
c. Custom portlet and console configuration d. Workflow enhancements e. Annual Fee updates, including impact fees, in-lieu fees, and other miscellaneous fees as needed
f. Ad Hoc report creation
g. Crystal report creation h. Training as needed on all aspects of Accela Automation i. Support the City with any questions or new initiatives that come up j. Support City with Accela upgrades, new features, and required migration to
new Accela platforms
k. Coordination between Accela and City staff l. Advice on streamlining efforts and activities within the Accela product
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m. Support in current efforts and products such as DSD Dashboard, Mobile App, Green Halo Integration, Civic Insight Integration, Buildingeye Integration, and
others as they come online.
X. On-site or Remote assistance and support for Super Users (From PW, Planning Utilities, Fire, and Building) (20 hours per week) XI. Other Misc. Activities a. Work with Project Manager to support the City’s “Open Data” and Accela’s
Civic Cloud initiative
CONSULTANT shall provide the following, but not limited to: a. Respond to inquiries within 24 hours b. Support via phone, MS Teams, other remote alternatives and onsite, if needed
c. Provide a monthly progress report that addresses services provided and reports
created in support of the City’s effort to launch most current version of Accela and create management reports d. Provide the City an approximation of the number of hours it will take to create a report or other project-based efforts and attempt to stay within that estimate prior
to implementation.
e. CONSULTANT’S resources shall be available to provide additional support when needed f. Meet with City Project Manager monthly for an hour or less to address the CONSULTANT ’s progress and performance.
CONSULTANT will provide overall Accela support and maintenance and implement enhancements, deemed necessary by the City. CONSULTANT will establish a process agreed to by City, for the testing and implementation of all changes and enhancements prior to formal rollout. Testing may or may not be by City staff working closely with CONSULTANT.
Tasks 2: Major Projects CITY may elect to initiate the project below. CONSULTANT and CITY will agree to project details and establish specific work plan and timeline to be completed with the proposed budget in Exhibit B & C.
i. Support implementation of Accela – GIS integration as the City migrates to ESRI GIS
platform.
ii. Support implementation of Accela Insights dashboards
iii. Support implementation of Accela and Open Cities web service integration
iv. Support implementation of Long-Range Planning project module
v. Modify Impact Fee calculations as required by newly adopted local and state regulations
and enhance efficiency and utility of Planning Impact Fee (PIF) records.
vi. Power BI Report Buildout for Metrics
vii. Re-evaluate current Mobile Solution implementations
viii. Evaluate and track performance metrics for workflow processing times
ix. Contingency
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EXHIBIT “B” SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the timeframe specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement.
Deliverables Schedule Task 1: Ongoing Support & Maintenance Daily/Ongoing
Task 2: Major Projects
I. Support implementation of Accela – GIS integration as the City
migrates to ESRI GIS platform. To Be Determined
II. Support implementation of Accela Insights dashboards To Be Determined III. Support implementation of Accela and Open Cities web service integration To Be Determined
IV. Support implementation of Long-Range Planning project module To Be Determined
V. Modify Impact Fee calculations as required by newly adopted local and state regulations and enhance efficiency and utility of Planning Impact Fee (PIF) records. To Be Determined
VI. Power BI Report Buildout for Metrics To Be Determined
VII. Re-evaluate current Mobile Solution implementations To Be Determined
VIII. Evaluate and track performance metrics for workflow processing times To Be Determined
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EXHIBIT “C” COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-
1 up to the not to exceed budget amount for each task set forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services,
including reimbursable expenses, and the total compensation for Additional Services do not exceed
the amounts set forth in Section 4 of this Agreement. The compensation to be paid to CONSULTANT under this Agreement for all services, additional services, and reimbursable expenses shall not exceed the amount(s) stated in Section 4 of this
Agreement. CONSULTANT agrees to complete all Services and Additional Services, including
reimbursable expenses, within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
Deliverables Estimated Hours Hourly Rate NTE Total
Task 1: Ongoing Support & Maintenance 1300/year (5,200 total) $143.58/hour $746,616.00
Sub-total Task 1 $746,616.00
Task 2: Major Projects
I. Support implementation of Accela – GIS integration as the City migrates to
ESRI GIS platform.
80 $143.58 $11,486.40
II. Support implementation of Accela
Insights dashboards 80 $143.58 $11,486.40
III. Support implementation of Accela and Open Cities web service integration 80 $143.58 $11,486.40
IV. Support implementation of Long-Range Planning project module 120 $143.58 $17,229.60
V. Modify Impact Fee calculations as required by newly adopted local and state regulations and enhance
efficiency and utility of Planning
Impact Fee (PIF) records.
80 $143.58 $11,486.40
VI. Power BI Report Buildout for Metrics 120 $143.58 $17,229.60
VII. Re-evaluate current Mobile Solution implementations 40 $143.58 $5,743.20
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VIII. Evaluate and track performance metrics for workflow processing times 80 $143.58 $11,486.40
IX. Project Contingency 100/year
(400 total) $143.58 $57,432.00
Sub-total Task 2 $155,066.40
Total – Not to Exceed $901,682.40 REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: $0.00
All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $500.00 shall be approved in advance by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort,
and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for
such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement
Invoicing Process: All invoices shall be submitted to the Planning Department’s contract email account at PCEContracts@cityofpaloalto.org to ensure timely payment.
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EXHIBIT “C-1” SCHEDULE OF RATES
Professional Fee Schedule
Title Hourly Rate
Consultant $143.58
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EXHIBIT “D” INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES
WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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EXHIBIT “E” INSURANCE REQUIREMENTS
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