HomeMy WebLinkAboutStaff Report 7888
City of Palo Alto (ID # 7888)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 6/19/2017
City of Palo Alto Page 1
Summary Title: TruePoint Contract
Title: Approval of Contract Number C17167812 With Truepoint Solutions, LLC
for a Three Year Contract, $400,000 Annually With a Not-to-Exceed Amount
of $1,200,000 to Provide Services in Scripting, Reporting, and Other Technical
Support of the City's Development Permitting System, Accela, for
Development Services and Planning and Community Environment
From: City Manager
Lead Department: Development Services Department
Recommendation
Staff recommends that Council approve and authorize the City Manager to execute Contract
C17167812 with TruePoint Solutions, LLC (TruePoint) for a three year term, with a not to
exceed amount of $400,000 annually ($1,200,000 total) for technical support on operations and
maintenance on the City’s permitting system, Accela.
Executive Summary
Development Services is requesting this contract to provide continued technical support with
operations and maintenance on the City’s permitting system, Accela, in alignment with the
Blueprint Initiative. The Development Services portion of the contract with TruePoint is for
$250,000 per year for three years and will be offset with a 1.8% technology surcharge if
approved by Council in the FY 2018 Municipal Fee schedule. TruePoint will provide scripting,
report writing, utilization of enhanced features from Accela, continued development of new
mobile apps for customers and staff, and creation of dashboards to measure performance,
permit activity and staff workloads.
The Planning and Community Environment (PCE) portion of the contract is for $150,000 per
year for three years. This contract will provide the capabilities for the calculation, invoicing, and
payment of new or updated impact fees utilizing Accela, inclusion of the Code Enforcement 311
system in Accela, programming of Long Range Planning projects for increased tracking and
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reporting capabilities, inclusion of transportation projects, and the creation and updates of
planning and transportation dashboards.
Accela enhancements and support will be needed for both departments well into the future.
Development Services and PCE needs are addressed in one contract since both departments
use Accela on a daily basis for all permitting transactions. The needs of the PCE and
Development Services Departments have been consolidated into one contract. The two
departments have different needs from the software and as such have allocated a portion of
the support contract to address said needs. Although Development Services will manage the
overall contract, each department will have the freedom to use their portion of the one
contract as they see fit to achieve their department goals. If necessary, any amendments to
said contract will be brought forward to City Council by Development Services.
Background
On September 6, 2011 (Staff Report 2021), the Council approved staff recommendations to
implement the City of Palo Alto Development Center Blueprint project to streamline and
modernize the City’s building permit process, focusing on improving customer satisfaction and
inter-departmental efficiency. As part of this effort, staff focused on the implementation and
transition to a coordinated permit system design.
Accela provides the City with capabilities to track, schedule, and bill building permits and
planning activities. In 2013, the City released a Request for Proposals (RFP) for technology
support of the Accela system under the Blueprint project, sending copies of the RFP to at least
seven firms. 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 and future Blueprint enhancement. In October
2015 (Staff Report 6079), Council approved Amendment 3 to add $290,000 for support of new
Development Services initiatives and expansion of projects to other City departments, such as
expanding 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. Together, these enhancements give users and/or City staff more flexibility and
easier access to schedule, submit, view, pay, or obtain status of permits, and on-site assistance
and support for upgrading Accela to a newer version.
In 2015, PCE established a TruePoint contract to add the calculation, invoicing, and payment of
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impact fees into Accela. This process provides for more consistent record keeping and an easily
auditable record of impact fees assessed and paid.
Thanks to these enhancements, record keeping, internal operations, and customer service have
improved dramatically. Some examples of these outcomes include the improvement of one-
time reviews by over 20% since 2012. Applicants are now able to schedule inspections online
whereas in the past they needed to wait on the phone. Inspectors are all equipped with mobile
devices that allow for real-time reporting of inspections. The status of existing planning and
building entitlement/permits as well as the record of past entitlements/permits are all available
on-line.
Discussion
Accela is the City’s permitting system for planning and development activities. Development
Services and PCE utilize Accela on a daily basis for intake, billing, tracking, reporting, online
applications for some activities, provision of up-to-date website information to the public, and
to provide project information access to staff in the field. Continued support is needed to
provide a conduit between Accela and the City to further enhance knowledge, utilization, and
capabilities of the Accela product, as well as offer support for new features, scripting,
configuration, and reporting.
The City released the Request For Proposal on March 27, 2017 with a three week bid submittal
period, closing on April 17, 2017. Three bids were received and reviewed by staff from both
Development Services and PCE. TruePoint was selected with the highest ranking on the
evaluation criteria.
Staff is requesting Council to authorize a contract with TruePoint to provide additional support
necessary over the next three years.
The requested contract will provide Development Services up to $750,000 of support and will
provide PCE up to $450,000 of support over the next three years. For both departments, this
contract will support the rollout of new features in Accela as they arise, provide quick and easy
adjustment of the Accela permitting system for program changes and new initiatives, support
and integrate customer “apps” for mobile accessibility, and allow the departments to improve
the tracking and reporting of metrics. Past contract constraints have made it challenging for
PCE to fully utilize this contractor. Under this contract, PCE hopes to have broad access to the
expertise to leverage the full functionality of Accela as a powerful planning, monitoring, and
customer service tool. PCE will pursue incorporation and tracking of the Code Enforcement 311
system, inclusion of long range planning projects for tracking and reporting, inclusion of
transportation projects, and the creation and updates of planning and transportation
dashboards. Development Services will use this contract to support partnering department
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that use the system for permitting, support improvements already in place, as well as new
initives in the area of reporting, permitting, plan checking, and inspection services for both
internal coordination and customer services. The City is not bound to fully utilize the contract
and use of the contract will be based upon program need and Council-approved budget.
Resource Impact
$100,000 for the PCE portion of this contract was included in the Fiscal Year 2017 Information
Technology Adopted Operating Budget to add a code enforcement 311 component, long range
planning projects, and reporting and performance measurement enhancements in Accela.
PCE’s use of this contract beyond that amount will be contingent on approval of adequate
funding in the Fiscal Year 2018 and Fiscal Year 2019 budgets.
Development Services has proposed a new technology surcharge as part of the Fiscal Year 2018
Municipal Fee Schedule. This new surcharge will cover the costs of Development Services
portion of the contract, contingent upon approval of the Municipal Fee Schedule by Council.
PCE is examining the possibility of a similar fee or surcharge to cover the cost of this contract in
future years.
Attachments:
C17167812 TRUEPOINT CONTRACT (PDF)
CITY OF PALO ALTO CONTRACT NO. C17167812 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
TRUEPOINT SOLUTIONS FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 1st day of July, 2017, (“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, and Telephone (916) 259-1293 ("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 provide training, co-develop Management
Reports and make modifications to the Accela Platform to improve efficiency and operations 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 June 30, 2020 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
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in this 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 One Million Two Hundred Thousand Dollars ($1,200,000.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. The applicable rates and schedule of payment are set out at
Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” 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
similar circumstances.
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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
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 ten percent
(10%) of CITY’s stated construction budget, 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.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Keith Hobday
as the project manager to have supervisory responsibility for the performance, progress, and
execution of the Services and Deborah Herman & Joe Cipriano as the project support to
represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the
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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 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 managers are Peter Pirnejad, Development Center, 285 Hamilton Avenue, Palo
Alto, CA 94303, Telephone (650) 329-3249 and Sherry Nikzat, Planning & Community
Environment, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650)329-2359. The
project managers 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.
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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.
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
concurrently 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.
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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.
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: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently
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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.
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 because of the race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, 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.
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.
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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 contract 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 All unchecked boxes do not apply to this agreement.
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
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Professional Services
Rev. April 27, 2016
10
CONTRACT No. C17167812 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
APPROVED AS TO FORM:
TRUEPOINT SOLUTIONS
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
EXHIBIT “F”: SOFTWARE AS A SERVICE (SAAS) SECURITY AND PRIVACY TERMS &
CONDITIONS
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Keith Hobday
Parter
Don Hunsinger
Partner
Professional Services
Rev. April 27, 2016
11
EXHIBIT “A”
SCOPE OF SERVICES
Development Services (Task 1)
Background
The City is transitioning from Accela Vantage 360 software to the most up to date version of the
software. The City shall contract with CONSULTANT to provide specialized services to
manager and mentor fiver primary divisions (Public Works, Utilities, Planning, Building and
Fire) who use the Accela product.
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 Development Services.
Services
CONSULTANT shall work closely with designated Palo Alto staff to identify the best approach
and needs of the individual “Super Users” from each division. The effort will primarily be
accomplished onsite every other week for 2 days and remotely on the opposite week as needed,
with the flexibility to provide more resources when deemed appropriate by the City.
CONSULTANT’S resources shall be available to provide additional support when needed.
CONSULTANT shall 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.
CONSULTANT’S staff shall assist the City with:
Day to Day Mentoring and Guidance
System maintenance
Support on Accela Mobile Office (includes AMO, iPad App, iPhone App or Android
App)
o Work with each group to define and deploy the “best fit” mobile APP
o Provide basic training on the Accela Mobile Apps
o Create custom reports or email notifications from mobile devices
On-site assistance and support for Super Users (2 day every other week includes)
o Configuration changes and enhancements as recommended by CONSULTANT
Custom Quick Query creation
o Custom portlet and console configuration
o Workflow enhancements
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Professional Services
Rev. April 27, 2016
12
o Fee updates as needed
o Ad Hoc report creation
o Crystal report creation
o Training as needed on all aspects of Accela Automation
o Support the City with any questions or new initiatives that come up
o Support CITY with Accela upgrades and new features
o Coordination between Accela and City staff
o Advice on streamlining efforts and activities within the Accela product
o Support in existing products such as DSD Dashboard, Mobile App, Green Halo
Integration, GIS integration, Civic Insight Integration, Open Counter Integration,
Buildingeye Integration, IVR integration, and others as they come online.
Remote assistance and support for Super Users (From PW, PCE, Utilities, Fire, and
Building(10 hours per week)
o Same tasks as above remotely
Other Misc. Activities
o Have Fire inspector schedule and complete inspections in Accela
o Work with Fire to implement Occupancy reoccurring inspections (based on what
other agencies are successful with)
o Work with Public Works to create an Urban Forestry Record in Accela
o Work with Selectron to fix the problem with Permit Numbers getting out of sync
between Accela and Selectron
o Work with Project Manager to support the City of Palo Alto “Open Data” and
Accela’s Civic Cloud initiative
CONSULTANT shall provide the following;
Respond to inquiries within 24 hours
Support via phone if needed
Provide a monthly progress report that addresses services provided and reports created in
support of the City’s effort to launch 9.0 or most current version of Accela and create
management reports
Provide the City an approximation of the number of hours it will take to create a report
and attempt to stay within that estimate prior to the creation of a report.
Meet with City Project Manager monthly for an hour or less to address the
CONSULTANT’S progress and performance.
Planning & Community Environment Department (Task 2)
The Planning and Community Environment Department of the City of Palo Alto uses Accela as
its activity and permit tracking software. Accela also serves as the Point of Sale (POS) for
Planning and Development Services fee collection. The department has several goals to make
Accela more useful: updating impact fees and fee calculations in Accela to include recently
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Professional Services
Rev. April 27, 2016
13
adopted changes to Housing Impact fees so the system can calculate the fees for collection at the
location and time when other fees are collected; fully incorporating Code Enforcement 311 into
Accela; tracking long range planning projects in Accela, and; creation of special reports,
dashboards, etc. to support the changing needs of the department. CONSULTANT will utilize
its Accela system knowledge and experience with the Palo Alto Accela environment to lead this
effort.
CONSULTANT shall submit Invoices for PCE via email to PCEContracts@Cityofpaloalto.org.
Services
A. CONSULTANT shall replace existing housing impact fees programmed in Accela with
updated housing fees categories and rates and add Citywide Transportation Impact fees to Accela
if requested by CITY. CONSULTANT shall include newly programmed fees in reports,
receipts, etc. CONSULTANT will program Accela such that Accela will calculate the correct
fees, generate and retain a copy of estimates and final invoices similar to other impact fees.
B. CONSULTANT will work with City to ensure correct and proper annual updates to fees in
Accela. Fees will be updated annually as required by municipal code.
C. CONSULTANT shall work with CITY to incorporate 311 Code Enforcement requests into
Accela. This is expected to include, but is not limited to:
•creating input process
•creating tracking process
•retaining documents and information
•creating reporting process for Long Range Planning projects
D. CONSULTANT shall work with CITY to program into Accela the tracking and reporting of
long range planning projects. This is expected to include, but is not limited to:
creating input process
creating tracking process
retaining documents and information
creating reporting process for Long Range Planning projects.
E. CONSULTANT shall add and maintain features to Accela to keep track of Transportation
Demand Management (TDM) plans for the City of Palo Alto’s Planning and Community
Development Department, Transportation Division. The system will be used to track and monitor
any TDM plans that have been submitted to the City of Palo Alto for approval. Once directed by
CITY, functions of the added features may include, but are not limited to:
Uploading TDM plan documents to be stored as part of a parcel’s records, similar to
the existing features of Accela that allow for uploading of site-specific plan review or
building permit documents. These documents will include the TDM plan, monitoring
reports, and signed agreements.
Setting Due Date reminders when monitoring reports for properties with TDM plans
need to be submitted to the City. These reminders should inform the individual
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Professional Services
Rev. April 27, 2016
14
property owners and Transportation Division staff assigned to the project that an
annual or five-year report is due.
A checkbox for Planners to mark whether a TDM Plan has or has not been submitted.
A checkbox for Planners to mark whether a TDM Plan has or has not been approved.
A checkbox for Planners to mark whether a Monitoring Report has been submitted.
A dropdown menu that allows users to select the status of the TDM plan: No
Comments Received, Not Required, Routed, Under Review, Recommend Approve
with no Conditions (Rec App no Conditions), Recommend Approve with Conditions
(Rec App with Con), Recommend Not Approved (Rec Not Approved)
A dropdown menu that allows users to select the status of the Monitoring Report: No
Comments Received, Not Required, Routed, Under Review, Recommend Approve
with no Conditions (Rec App no Conditions), Recommend Approve with Conditions
(Rec App with Con), Recommend Not Approved (Rec Not Approved)
A text box for planners to include comments
Check boxes to identify whether TDM Plan is submitted voluntarily or as a Condition
of Approval
Provide fields for planners to manually fill in or generate general transportation-
related information including:
Number of parking spaces (vehicle and bike) provided, broken down by long and
short term
% of parking reduction requested with area showing number required and number
provided
Proximity to transit: < 1/2 mile, > 1/2 mile
Types of transit within 1/2 mile
Single-occupancy vehicle trip reduction goal
Non-single occupancy vehicle mode share goal
F. CONSULTANT will establish a process agreed to by CITY, for the testing and
implementation of all changes prior to formal rollout. Testing may or may not be by CITY staff
working closely with CONSULTANT.
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Professional Services
Rev. April 27, 2016
15
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks 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.
Milestones Completion
No. of Days/Weeks
From NTP
1.Task 1 TBD
Development Center
2.Task 2 TBD
Planning & Community Environment
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Professional Services
Rev. April 27, 2016
16
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed
in accordance with the terms and conditions of this Agreement based on the hourly rate
schedule attached as Exhibit C-1.
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.
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:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of
travel and meal expenses for City of Palo Alto employees.
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 expenses, 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.
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Professional Services
Rev. April 27, 2016
17
EXHIBIT “C-1”
SCHEDULE OF RATES
Labor Categories
(e.g., Consultant, Sr. Consultant, etc.) Hourly Rate
Implementation Consultant $145.00
CONSULTANT’S standard blended rate of $145 per hour for all resources.
Based on a three-year agreement. CONSULTANT proposes the following budget for suggested tasks over the agreement term. The number of hours and total cost can be adjusted to fit the
budgetary constraints of the City.
Task 1 - Development Services Hours Rate Total
Year one dedicated Resource 1,500 $145 $217,500.00
Year two dedicated Resource 1,500 $145 $217,500.00
Year three dedicated Resource 1,500 $145 $217,500.00
Additional resource support on
current tasks or proposed innovations
1,200
$145
$174,000.00
Task 2 - Planning and Community
Environment Department
Planning Project 660 $145 $95,700.00
Travel Budget
3 year project travel budget $8,500.00
Additional Services Total 6,360 $930,700.00
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Professional Services
Rev. April 27, 2016
18
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:
REQUIRE
D 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
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.
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Professional Services
Rev. April 27, 2016
19
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
DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24
Info
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DOCUME
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19-Nov-12
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06-Dec-12
06-Dec-12
06-Dec-12
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Objective
City of Palo A
Alto. In prom
isions of the C
opriate meas
ncial) informat
ness as a loca
authorities a
stry best prac
8.24, 1798.79
e of these pro
ness in a man
ornia laws. Th
nsure the ong
ected Critical
ness with the
ide services.
sonally Identif
rmation”) are
s Policy by re
INTENT
City, acting in
ons who do b
eans, includin
ons accessing
City’s staff and
security of the
ies, rules, reg
mation is coll
goals and obj
sers having a
rity of databa
security of the
pliance with le
SCOPE
Policy will gu
ired to protec
mation data a
orm their perf
CONSEQUENCE
City’s employ
work implicat
y
e
Alto (the “City”
moting the qua
California Pub
ures to safeg
tion of person
al governmen
nd reflected i
ctices, includin
.8(b), 1798.80
ovisions do no
nner which pr
he objective o
oing protectio
Infrastructure
City and rece
The terms “P
fiable Informa
defined in the
eference.
n its governme
business with
ng, without lim
g the City’s w
d/or authorize
e Information
gulations and
ected, stored
jectives of the
ccess to the C
ase informatio
e Information
egal and regu
ide the City’s
ct the confiden
are intended t
formances to
ES
yees shall com
tes access to
”) strives to p
ality of life of t
blic Records A
uard the secu
ns, collected in
nt agency. Th
n federal and
ng, without lim
0(e), 1798.81
ot apply to loc
omotes the p
of this Policy i
on of the Pers
e Informationa
eiving service
Personal Infor
ation” and “Pe
e California C
ental and pro
or receive se
mitation, from
website, and p
ed third-party
collected by
procedures,
and utilized i
e Policy are: (
City’s applica
on assets own
provided to t
ulatory require
staff and, ind
ntiality and pr
to be covered
the Policy sh
mply with the
the Informati
romote and s
these persons
Act, California
urity and priva
n the ordinary
ese measure
d California law
mitation, the p
.5, 1798.82(e
cal governme
rivacy of pers
is to describe
sonal Informa
and Personal
es from the Ci
rmation,” “Pro
ersonally Iden
Civil Code sec
prietary capa
ervices from th
persons appl
persons who a
contractors. T
the City. The
and industry
in compliance
(a) a safe, pro
tions and dat
ned by, or ent
he City’s staff
ements.
directly, third p
ivacy of the In
d by the Policy
ould they enj
Policy in the
ion referred to
sustain a supe
s, it is the pol
a Governmen
acy of the per
y course and
es are genera
ws, the City’s
provisions of C
e), 1798.83(e
nt agencies li
sonal informa
e the City’s da
ation, Persona
ly Identifying
ity or a third p
otected Critica
ntifying Inform
ctions, referre
acities, collect
he City. The I
lying to receiv
access other
The City is co
City acknow
best practice
e with applica
oductive, and
tabases; (b) th
trusted to, the
ff and third pa
party contract
nformation of
y and which w
oy conditiona
execution of
o in this Polic
In
Informa
erior quality o
icy of the City
nt Code §§ 62
rsonal (includ
scope of con
lly observed b
s rules and re
California Civ
e)(7), and 179
ike the City, t
ation, as reflec
ata security go
ally Identifiabl
Information o
party under co
al Infrastructu
mation” (collec
ed to above, a
ts the Informa
Information is
ve services p
information p
ommitted to p
ledges federa
es are dedicat
able laws.
inoffensive w
he appropriat
e City; (c) the
arty contractor
tors, which ar
f the persons
will be advised
al access to th
their official d
cy. A failure to
City of
nformation Te
ation Security
Pa
31 Janua
of life for perso
y, consistent w
250 – 6270, to
ding, without l
nducting the C
by federal, sta
gulations, an
vil Code §§ 17
98.92(c). Thou
the City will co
cted in federa
oals and obje
le Information
of persons do
ontract to the
ure Informatio
ctively, the
and are incorp
ation pertainin
s collected by
rovided by th
portals mainta
protecting the
al and Califor
ted to ensurin
work environm
te maintenanc
controlled ac
rs; and (d) fai
re by contract
whose perso
d by City staf
hat informatio
duties to the e
o comply may
Palo Alto
chnology
Services
age 3 of 8
ary, 2013
ons in
with the
o take
imitation,
City’s
ate and
d
798.3(a),
ugh
onduct
al and
ectives,
n,
oing
City to
on”,
porated
ng to
a variety
e City,
ained by
privacy
nia laws,
ng the
ment for
ce and
ccess
ithful
t
onal
ff to
on.
extent
y result in
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for a
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addre
Privacy Policy
loyment and/o
EXCEPTIONS
e event that a
cy, the employ
ption request
”). The empl
may be reques
ordance with g
by the City A
age, access, r
consult with th
equest, the e
his or her sup
he CIO, acting
MUNICIPAL OR
Policy will su
SPONSIB
RESPONSIBILIT
CIO, acting b
dinate the imp
City’s employ
y contractors
ormance of th
ISM will be re
the effectiven
etailed, audita
onsible for the
ents that aris
artment-specif
-Disclosure A
ding, without
RESPONSIBILIT
Information S
wn from the va
ll information
tives and acti
ning processe
essed at the a
y
or legal conse
a City employ
yee may requ
t will be review
oyee, with the
sted by the IS
guidelines app
Attorney. The P
retention, usa
he CIO to app
xception requ
pervisor. The
g by the ISM.
RDINANCE
persede any
BILITIES O
TY OF CIO AND
y the ISM, wi
plementation
yees, in partic
under contrac
eir job respon
esponsible for
ness of the Po
ble technical
e City’s IT env
e in regard to
fic policies an
greements (N
limitation, loc
TY OF INFORMA
Security Steer
arious City de
security effor
ivities. The IS
es to ensure t
appropriate C
equences.
ee cannot ful
est an excep
wed and adm
e approval of
M. The ISM w
proved by the
Policy’s guide
age, and prote
prove or deny
uest dispositio
approval of a
City policy, ru
OF CITY S
D ISM
ll establish an
of information
cular, software
ct to the City t
nsibilities.
r: (a) develop
olicy; (c) the d
requirements
vironments; (
o potential vio
nd procedures
NDAs) signed
cal or ‘cloud-b
ATION SECURI
ring Committe
partments, w
rts, including
SSC will provid
that informatio
City departme
ly comply with
tion by subm
ministered by t
his or her su
will conduct a
e City’s Chief
elines will incl
ection of the I
the exception
on will be com
ny request m
ule, regulation
STAFF
n information
n security me
e application
to provide ser
ing and upda
development o
s, which will b
d) assisting th
lations of the
s which fall un
by third party
based’ softwa
TY STEERING
ee (the “ISSC
will provide the
key informatio
de input to th
on security ris
nt level.
h one or more
itting Security
the City’s Info
pervisor, will
a risk assessm
Information O
lude at a mini
nformation id
n request. Af
mmunicated, i
may be subjec
n or procedur
security man
easures by the
users and da
rvices, shall b
ating the Polic
of privacy sta
be designed a
he City’s staff
Policy; (e) re
nder the purv
y contractors
are services to
COMMITTEE
”), which is co
e primary dire
on security an
e information
sks are adequ
In
Informa
e element(s)
y Exception R
ormation Secu
provide any a
ment of the re
Officer (“CIO”
imum: purpos
dentified in the
fter due cons
in writing, to t
ct to counterm
re regarding i
nagement fram
e City’s gove
atabase users
by guided by
cy, (b) enforci
andards that w
and maintaine
ff in evaluating
eviewing and
view of this Po
, which will pr
o the City.
omprised of t
ection, prioritiz
nd privacy ris
n security and
uately consid
City of
nformation Te
ation Security
Pa
31 Janua
described in
Request.The
urity Manager
additional info
quested exce
) and approve
se, source, co
e request. The
ideration is gi
the City emplo
measures esta
nformation pr
mework to init
rnment.
s, and, indirec
this Policy in
ng complianc
will manifest t
ed by the pers
g security and
approving
olicy; and (f) r
rovide service
he City’s emp
zation and ap
sks, programs
privacy strat
ered, assess
Palo Alto
chnology
Services
age 4 of 8
ary, 2013
this
r (the
ormation
eption in
ed as to
ollection,
e ISM
iven to
oyee
ablished
rivacy.
tiate and
ctly, third
the
ce with
he Policy
sons
d privacy
reviewing
es,
ployees,
pproval
s,
tegic
ed and
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main
confi
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B)P
Exce
doing
perso
as a
Privacy Policy
RESPONSIBILIT
uthorized use
esses and tec
RESPONSIBILIT
City’s IT Man
s networks, w
pliance with th
nal reporting
RESPONSIBILIT
ISM will ensu
A), whenever
Software as a
cuted prior to t
ractors. The C
ctives, policie
he ISM at plan
rred.
CIO, acting b
opriate, comm
IVACY PO
OVERVIEW
Policy applies
mation of per
or entrusted to
ractors under
ities include,
r networks, sy
term “informa
r related orga
gned, implem
mation assets
promise, and
ntain informati
dentiality, inte
parties.
PERSONAL INF
ept as permitte
g business wi
on has conse
local governm
y
TY OF USERS
ers of the Info
chnologies wi
TY OF INFORMA
agers, who a
will be respons
he City’s infor
of events that
TY OF AUTHOR
ure that the Ci
access to the
Service (Saa
the sharing of
City’s approac
s, processes
nned intervals
y the ISM, wi
mencing from
OLICY
s to activities
rsons doing b
o, the City and
contract to th
without limita
ystems, or de
ation assets” a
anizations whi
ented, and m
s. The City’s s
inappropriate
ion managem
egrity, and av
FORMATION AN
ed or provide
ith the City, o
ented to the C
ment agency
rmation will b
ithin the scop
ATION TECHNO
re responsibl
sible for confi
rmation secur
t may have co
RIZATION COOR
ity’s employee
e Information
aS) Security a
f the Informat
ch to managin
, and procedu
s, or wheneve
ll review and
the date of it
that involve t
usiness with t
d will be mad
he City to pro
ation, accessin
evices.
also includes
ile those asse
maintained to e
staff will act to
e disclosure o
ment systems,
vailability of its
ND CHOICE
d by applicab
r receiving se
City’s sharing o
with third par
be responsible
e of responsi
OLOGY (IT) MA
e for internal,
guring, maint
rity and privac
ompromised
RDINATION
es secure the
will be grante
and Privacy T
tion of person
ng information
ures for inform
er significant c
recommend
ts adoption.
he use of the
the City or re
e available to
vide Software
ng the Interne
the personal
ets are under
ensure that o
o protect its in
or alteration. T
networks an
s information
ble laws, the C
ervices from th
of such inform
rties under co
e for complyin
ibility of each
ANAGERS
, external, dir
taining and se
cy policies. T
network, syst
e execution of
ed to third par
Terms and Co
ns covered by
n security and
mation securit
changes to se
changes to th
e City’s inform
ceiving servic
o the City’s em
e as a Service
et, using e-ma
information o
the City’s con
nly authorize
nformation as
The City will p
nd processes
assets to the
City will not sh
he City, in vio
mation during
ontract to the C
In
Informa
ng with inform
user.
rect and indire
ecuring the C
hey are also
tem or data s
f Non-Disclos
rty contractor
onditions. An
y this Policy w
d its impleme
ty) will be rev
ecurity implem
he Policy ann
mation assets,
ces from the C
mployees and
e consulting s
ail, accessing
of the City’s e
ntrol. Securit
d persons wil
ssets from the
plan, design,
in order to as
e City’s emplo
hare the Infor
olation of this
the conduct
City to provid
City of
nformation Te
ation Security
Pa
31 Janua
mation privacy
ect connection
City’s IT netwo
responsible fo
ecurity.
sure Agreeme
rs, in conjunct
NDA must be
with third party
entation (i.e.
viewed indepe
mentation hav
nually, or as
namely, the
City, which ar
d third party
services. The
g the City’s int
employees an
ty measures w
ll enjoy acces
eft, damage, l
implement an
ssure the app
oyees and aut
rmation of any
Policy, unles
of the City’s b
e services.
Palo Alto
chnology
Services
age 5 of 8
ary, 2013
y
ns to the
orks in
or timely
ents
tion with
e
y
endently
ve
re owned
se
tranet or
nd any
will be
ss to the
oss,
nd
ropriate
thorized
y person
ss that
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Privacy Policy
METHODS OF C
City may gath
ction of such
ness as a loca
be gathered
with other tec
ation in order
City’s staff wi
may use “coo
will note that
nternet Protoc
browser softw
net address o
user’s comput
promise the u
computers by
is or her com
.
UTILITIES SERV
e provision of
artment (“CPA
omers. To the
ies Rules and
y; provided, h
rwise directed
other City dep
nesses and re
e secure acce
thly utility usa
dents with non
or billing data
standard mon
nesses and re
red by the sa
mation under
PUBLIC DISCLO
Information th
d be incorpora
ss such inform
ACCESS TO PE
City will take
ss to that per
cted persons w
y
COLLECTION O
her the Inform
information is
al governmen
at service win
chnologies, wh
r to secure the
ll inform the p
kies” to custo
a cookie cont
col address o
ware and oper
of the website
ter by using th
user’s privacy
y using any o
puter, it will n
VICE
f utility service
AU”) will colle
e extent the m
d Regulations
however, any
d or approved
partments ex
esidents with
ss through a
age and billing
n-standard or
a provided to t
thly billing.
esidents with
ame privacy p
r applicable fe
OSURE
hat is collecte
ated in a publ
mation is exem
ERSONAL INFO
reasonable s
rson’s Informa
who can revie
OF PERSONAL
mation from a
s both necess
nt agency in it
ndows and co
herever the C
e City’s servic
persons whos
omize the brow
tains unique i
of the compute
ating systems
e from which t
he City’s web
or security. U
of the widely a
ot prevent or
es to persons
ect the Informa
management
or other ordi
such Rules a
d by the Coun
cept as may b
standard utili
CPAU websi
g data. In add
experimenta
them through
such non-sta
rotections an
ederal and Ca
ed by the City
lic record that
mpt from disc
ORMATION
teps to verify
ation. Each C
ew and updat
INFORMATION
variety of sou
sary and appr
ts governmen
ontact centers
City may intera
ces.
se Information
wsing experie
information th
er used to ac
s used, the da
the user linke
site do not c
Users can refu
available meth
prohibit the u
s located withi
ation in order
of that inform
nances, rules
and Regulatio
ncil. This inclu
be required b
ity meters and
te to their Info
dition to their r
l electric, wat
non-City elec
andard or exp
d personal in
alifornia laws.
in the ordina
t may be subj
closure to the
a person’s id
City departmen
te that informa
urces and res
ropriate in ord
ntal and propr
s as well as a
act with perso
n are covered
ence with the
hat a web site
ccess the City
ate and time
ed to the City’s
contain the Inf
use the cooki
hods. If the us
user from gain
in Palo Alto, t
r to initiate an
mation is not s
s, regulations
ns must conf
udes the shar
by law.
d/or having n
ormation, incl
regular month
ter or natural
ctronic portal
perimental me
nformation exc
ry course and
ject to inspec
public by Ca
dentity before
nt that collect
ation at reaso
In
Informa
sources, prov
der for the Cit
rietary capaci
at web sites, b
ons who need
d by this Polic
e City of Palo A
e can use to tr
y’s web sites,
a user access
s web sites. C
formation, and
ies or delete t
ser chooses n
ning access t
the City of Pa
d manage uti
specifically ad
or procedure
form to this Po
ring of CPAU-
on-metered m
luding, withou
hly utilities bil
gas meters m
s at different
etering will ha
change rules
d scope of co
ction and copy
alifornia law.
e the City will g
ts Information
onable times.
City of
nformation Te
ation Security
Pa
31 Janua
ided that the
ty to conduct
ties. That inf
by mobile app
d to share suc
cy that the Cit
Alto web site
rack, among o
the identificat
sed the site, a
Cookies creat
d thus do not
the cookie file
not to accept
to or using the
alo Alto Utilitie
ility services t
ddressed in th
es, this Policy
olicy, unless
-collected Info
monthly servic
ut limitation, th
ling, business
may have thei
intervals than
ave their Inform
applicable to
onducting its b
ying by the pu
grant anyone
n will afford ac
Palo Alto
chnology
Services
age 6 of 8
ary, 2013
formation
plications,
ch
ty’s web
. The
others,
tion of
and the
ted on
t
es from
a cookie
e City’s
es
to
he
y will
ormation
ces will
heir
ses and
ir usage
n with
mation
o
business
ublic,
e online
ccess to
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Exce
perso
partie
reaso
perso
The C
Infor
insta
such
If the
occu
breac
date(
and t
H)D
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perio
destr
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servi
In ord
those
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provi
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Thes
whic
servi
inclu
moni
term
comp
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servi
even
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prom
J)F
CPA
mana
Privacy Policy
SECURITY, CO
ept as otherwi
ons covered b
es without the
onable contro
ons covered b
City may auth
mation of per
nces, the City
Information o
e City become
rred, with res
ch in accorda
(s) of the know
the proposed
DATA RETENTI
City will store
od is establish
ruction.
SOFTWARE AS
City may eng
ces, common
der to assure
e who receive
SaaS services
ider, shall des
ces and/or fu
dentiality and
se requiremen
h the services
ces provider’
ding disaster
itoring service
“IT infrastruc
puters, and da
r to entering in
ces provider
nt that the Saa
irements duri
mptly inform th
FAIR AND ACC
U will require
age utility ser
y
NFIDENTIALITY
ise provided b
by this Policy
e express writ
ols that are de
by this Policy
horize the City
rsons who do
y will require
only in further
es aware of a
spect to the In
ance with app
wn or suspec
action to be
ION / INFORMA
e and secure a
hed by law, fo
A SERVICE (S
age third part
nly known as
the privacy a
ed services fro
s provider and
sign, install, p
urnishes good
d privacy of th
nts include inf
s are provided
s operations
recovery and
es to ensure a
cture” refers to
atabase man
nto an agreem
to complete a
aS services p
ng the course
he ISM.
URATE CREDIT
utility custom
rvices to them
Y AND NON-DIS
by applicable
as confidenti
tten consent o
esigned to pro
.
y’s employee
business with
the City’s em
rance of City-
breach, or ha
nformation of
licable laws.
cted breach, t
taken or the r
ATION RETENTI
all Information
or seven (7) ye
SAAS) OVERSI
ty contractors
Software-as-
and security o
om the City, a
d its subcontr
provide, and m
ds to the City,
he Information
formation sec
d to the City,
and maintena
d business co
a secure and
o the integrate
agement dev
ment to provid
and submit an
provider reaso
e of providing
T TRANSACTIO
mers to provid
m.
SCLOSURE
law or this Po
ial and will no
of the person
otect the conf
and or third p
h the City or r
ployee and/o
-related busin
as reasonable
a person, the
The notice of
he nature of t
responsive ac
ION
n for a period
ears, and the
GHT
s and vendors
a-Service (Sa
of the Informa
as a condition
ractors, if any
maintain a sec
to the extent
n.
curity directive
including con
ance process
ontinuity plann
reliable envir
ed framework
vices, upon wh
de services to
n Information
onably determ
services, the
ON ACT OF 200
de their Inform
olicy, the City
ot disclose it,
n affected. The
fidentiality and
party contrac
receive servic
or the third pa
ness and in ac
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/01/2012]
oSec 110
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Palo Alto
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