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HomeMy WebLinkAboutStaff Report 14060 City of Palo Alto (ID # 14060) City Council Staff Report Meeting Date: 3/21/2022 Report Type: Consent Calendar City of Palo Alto Page 1 Title: Approval of Amendment Number One to Contract C19173550 with Accela, Inc. to add the Accela Mobile Office and Accela Electronic Reporting Database Modules to this Online Services Contract, and to Increase the Compensation by an Amount Not-To-Exceed $57,210 for a New Total Not-to- Exceed Amount of $848,554 From: City Manager Lead Department: IT Department Recommendation Staff recommends that City Council approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract C19173550 with Accela, Inc. including an increase the compensation by $57,210, from $791,344 to a new total not- to-exceed amount of $848,554. Background Accela is a technology system that is used primarily to assist in the provision of services in the Development Center. Accela Automation (City side) and Accela Citizen Access (public side), both web-based applications, allow the City of Palo Alto, contractors, and residents to apply for and check the status of permits. The system also allows field inspection staff to provide results of the inspections in the field which increases communication efforts with the applicant and internal staff. Accela allows residents and contractors to apply for all permits online and check the status of permits via the internet on a 24-hour, 7 days per week basis regardless of the City’s normal business hours. Accela GovXML provides a common interface for web-based government applications, and a means of information transfer between back-end systems and front- end, vendor-agnostic applications. Discussion The City originally procured Accela Mobile Office (AMO) licenses in 2013, separately from Contract C19173550 for Accela Automation, GovXML and Citizen Access online- hosted services. Staff now recommend bringing all Accela online-hosted services, including the extension and continued use of the AMO module and adding the new Enhanced Reporting Database feature (described below), under one contract, Contract C19173550, via this Amendment No. 1. City of Palo Alto Page 2 The AMO module extend processing capabilities to the field for inspections, code enforcement, and service requests. AMO provides real-time, visual access of data in the City’s Online Permitting Services database from a mobile device. AMO allows the City to configure the application based on user roles, displaying information for different user types and has the ability to work offline for City users that have limited or no connectivity in the field. AMO also is the primary software used for contractors to ‘self- schedule’ inspections via mobile apps. AMO features including, but are not limited to: • Cancel, reschedule, or reassign field appointments, • Sign off on jobs and submit results back to the agency in real-time, • Utilize offline capabilities when in a remote area. • Create new inspections, investigations, or service requests. The Accela Enhanced Reporting Database (ERD) feature to be added via this amendment will allow the City to access, develop and run reports against near real-time copy of the City’s Accela Automation database to increase business process efficiency by providing business intelligence insights and informative data points from available tools such as Microsoft Power BI and/or Tableau or any other business intelligence software the City may procure and implement in the future. Access to ERD can provide additional features, including but not limited to; • Near real-time data analytics, • Superior reporting capabilities and informative ‘dashboards’, • Integration with other systems, and • Data redundancy for increased data security. Currently, Accela includes reporting and exporting capabilities as part of its standard feature set which requires staff to maintain and add reports that assist active users of the system. Real-time direct access to the data with ERD access can facilitate automated filtering and uploading of permit data to the City’s Open Data portal for public consumption. Providing these types of data analytics to the public in the past, such as the City’s Online Parcel Report, greatly reduced ‘one-off’ inquiries and associated manual staff work. Likewise, direct data access can be used with analytics software (e.g., ArcGIS - which the City is currently transitioning to, Microsoft Power BI, Tableau, etc.) to create ‘dashboard’ type analytics regarding performance measures and permit processing times ‘by type of permit’ for managers, directors, decision makers and other stakeholders. Access to Accela’s ERD can further boost the City’s ongoing and future needs for data driven discussions and decisions. The terms of this amendment for service align with the existing contract expiration date of 09/30/2023 for one year and six months. Total cost of services for the Accela Mobile Office and the Enhanced Reporting Database will be, $21,834 and $35,376, City of Palo Alto Page 3 respectively, bringing the total maximum amount of the contract from $791,344 to a new total not-to-exceed amount of $848,554. If not approved, the mobile inspector application for fieldwork related to building, public works, and fire inspections will be impacted. Without the access, inspectors will not have the ability to track and complete inspections in the field. Additionally, without the Enhanced Reporting Database, Planning and Development Services will have limited access to reporting information, including advanced business and operational metrics made available by this service. Resource Impact Funding for this contract amendment in FY 2022 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. Funding for future fiscal years is subject to City Council approval through the annual budget process. Stakeholder Engagement No stakeholder engagement was performed related to the contract amendment; when the contract is up for renewal stakeholder engagement related to this service and program will be performed. Environmental Review These services do not constitute a project under the California Environmental Quality Act (CEQA). Attachments: • Attachment A: Accela, Inc. Contract; C19173550 Amendment #1 Vers.: Aug. 5, 2019 Page 1 of 17 AMENDMENT NO. 1 TO CONTRACT NO. C19173550 BETWEEN THE CITY OF PALO ALTO AND ACCELA, INC. This Amendment No. 1(this “Amendment”) to Contract No. C19173550 (the “Contract” as defined below) is entered into as of March 21, 2022, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and ACCELA, INC., a California corporation, located at 2633 Camino Ramon, Suite 500, San Ramon, CA 94583 (“CONTRACTOR”). CITY and CONTRACTOR are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of CONTRACTOR’S online-hosted Accela Automation (Legacy) and Accela GovXML software-as-a-service (“SaaS”) platform (also referred to as the “Subscription Service(s)”) and related annual maintenance and support services, as detailed therein. B. The Parties now wish to amend the Contract in order to add to the scope of services: 1) the maintenance, support, and managed services for Accela Mobile Office, and 2) access to Accela’s Enhanced Reporting Database, and, accordingly, to increase the compensation by $57,209.90, from $791,343.57 to a new total not-to-exceed amount of $848,553.47, as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C19173550 between CONSULTANT and CITY, dated October 1, 2018. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 1, “SERVICES,” of the Contract is hereby amended to read as follows: “CONTRACTOR shall provide or furnish the services described in the attached Exhibit A (“Scope of Services”), Exhibit A-1 (“Accela, Inc. Standard SaaS Support Policy”), Exhibit A-3 (“Mobile Office Work Order”), and Exhibit A-4 (“Enhanced Reporting Database Work Order”), collectively, the “Services”.” DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 2 of 17 SECTION 3. Section 2, “EXHIBITS,” of the Contract is hereby amended to read as follows: “The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “A-1” – Accela, Inc. Standard SaaS Support Policy “A-2” – Accela, Inc. Subscription Services Terms and Conditions “A-3” – Mobile Office Work Order “A-4” – Enhanced Reporting Database Work Order “B” - Schedule of Performance “C” – Schedule of Fees “D” - Insurance Requirements “E” – Vendor Cybersecurity Terms and Conditions “F” – Information Privacy Policy” SECTION 4. Section 5, “COMPENSATION FOR ORIGINAL TERM,” of the Contract is hereby amended to read as follows: “CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: A sum calculated in accordance with the schedule of fees set forth at Exhibit C, not to exceed a total maximum compensation amount of Eight Hundred Forty-Eight Thousand Five Hundred Fifty-Three dollars and forty-seven cents ($848,553.47). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above, subject to the City meetings its obligations and without a change of scope of the Services. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY, except as otherwise agreed in writing. “ SECTION 5. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES”, AMENDED, REPLACES PREVIOUS. b. Exhibit “A-3” entitled “MOBILE OFFICE WORK ORDER”, ADDED. c. Exhibit “A-4” entitled “ENHANCED REPORTING DATABASE WORK ORDER”, ADDED. DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 3 of 17 d. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES PREVIOUS. e. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS. SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 4 of 17 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee ACCELA, INC. Officer 1 By: Name: Title: Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments: Exhibit A: SCOPE OF SERVICES (AMENDED, REPLACES PREVIOUS) Exhibit A-3: MOBILE OFFICE WORK ORDER (ADDED) Exhibit A-4: ENHANCED REPORTING DATABASE WORK ORDER (ADDED) Exhibit B: SCHEDULE OF PERFORMANCE (AMENDED, REPLACES PREVIOUS) Exhibit C: SCHEDULE OF FEES (AMENDED, REPLACES PREVIOUS) DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Chief Legal Officer Aaron Haggarty CFO Robert Wilson Vers.: Aug. 5, 2019 Page 5 of 17 EXHIBIT A SCOPE OF SERVICES AMENDED, REPLACES PREVIOUS For the term of this Agreement, CONTRACTOR (Accela Inc.) shall provide CITY with access to and use of CONTRACTOR’S online-hosted Accela Automation (Legacy) and Accela GovXML software-as-a-service (“SaaS”) platform (also referred to as the “Subscription Service(s)”) as detailed in this Exhibit “A”, and, in relation the Subscription Services, CONTRACTOR shall provide the CITY with annual maintenance and support services as detailed in Exhibit “A-1”. Accela Automation (Legacy) - Accela Automation (CITY side) and Accela Citizen Access (Public side), are web-based applications that allow the CITY, its contractors, and its citizens to apply for and check the status of permits. Accela Automation contains the following modules: • Building, Permitting and Inspection • Planning Entitlements • Code Enforcement • Fire Permits • Public Works • Business License • Utilities • Accela Citizen Access (Public side) Accela GovXML provides a common interface for web-based government applications, and a means of information transfer between back-end systems and front-end, vendor-agnostic applications. For purposes of Exhibit A and Exhibit A-1, the participants are identified as follows: City of Palo Alto: “Customer” Contractor: “Accela” 1. Service Availability: Accela shall use commercially reasonable efforts to (a) provide bandwidth sufficient for Customer’s use of the Subscription Services provided hereunder and (b) operate and manage the Subscription Services with a ninety-nine and one-half percent (99.5%) uptime goal (the “Availability SLA”), excluding situations identified as “Excluded” below. “Excluded" means any outage that results from any of the following: a. Any maintenance performed by Accela during Accela’s standard maintenance windows. Accela shall notify Customer within forty-eight (48) hours of any standard maintenance and within twenty-four (24) hours for other non-standard emergency maintenance (collectively referred to herein as “Scheduled Maintenance”). DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 6 of 17 b. Customer’s information content or application programming, or the acts or omissions of Customer or its agents, including, without limitation, the following: 1. Customer’s use of any programs not supplied by Accela; 2. Customer’s failure to provide Accela with reasonable advance prior notice of any pending unusual large deployments of new nodes (i.e., adding over ten (10) percent total nodes in less than twenty-four (24) hours); 3. Customer’s implementation of any significant configuration changes, including changes that lead to a greater than thirty percent (30%) change in a one week period or greater than fifty percent (50%) change in a one month period in the number of key objects in the system including but not limited to metrics, snapshots, nodes, events and business transactions; and 4. Any mis-configuration by Customer (as determined in Accela’s sole discretion), including, without limitation, configuration errors and bad or unintended usage of the Subscription Services. 5. Force majeure or other circumstances beyond Contractor’s reasonable control that could not be avoided by its exercise of due care. d. Failures of the Internet backbone itself and the network by which Customer connects to the Internet backbone or any other network unavailability. e. Any window of time when Customer agrees that Subscription Services availability/unavailability shall not be monitored or counted. f. Any problems resulting from Customer combining or merging the Subscription Services with any hardware or software not supplied by Accela or not identified by Accela in the Specifications as being compatible with the Subscription Services. g. Interruptions or delays in providing the Subscription Services resulting from telecommunication or Internet service provider failures. h. Customer’s or any third party’s use of the Subscription Services in an unauthorized or unlawful manner. 2. Remedies for Excessive Downtime: In the event the Availability of the Subscription Services falls below the Availability SLA in a given calendar month, Accela shall pay Customer a service credit (“Service Credit”) equal to the percentage of the fees set forth in the table below corresponding to the actual Availability of the Subscription Services during the applicable calendar month. Such Service Credit shall be issued as a credit against any fees owed by Customer for the next calendar month of the term of the Agreement or, if Customer does not owe any additional fees, then Accela shall pay Customer the amount of the applicable Service Credit within thirty (30) days after the end of the calendar month in which such credit accrued. Such Service Credit shall be in addition to any other remedies available to Customer at law, in equity or under this Agreement. System availability is measured by the following formula: x = (n - y) *100 / n DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 7 of 17 Notes: (1) "x" is the uptime percentage; "n" is the total number of hours in the given calendar month minus scheduled downtime; and "y" is the total number of downtime hours in the given calendar month. (2) Specifically excluded from "n and "y" in this calculation are the exception times on scheduled upgrade and maintenance windows. Service Availability Percentage of Monthly Service Fees Credite >99.5% 0% 95.0% - < 99.5% 5% (max of $280) 90.0% - < 95.0% 10% (max of $560) 80.0% - < 90.0% 20% (max $840) 70.0% - < 80.0% 30% (max of $1,120) 60.0% - < 70.0% 40% (max of $1,400) < 50% 50% (max of $2,800) Customer Account Login: For Accela user interface access, Accela uses TLS 1.2 with AES 256 bit or similar encryption for protection of data in transit, which is supported by most modern browsers. Accela shall also restrict applicable administrative user interface access to Customer corporate networks for additional security on written request by Customer. 3. Hosting: Accela’s SaaS platform (servers, infrastructure and storage) for the Subscription Services is and shall remain hosted in one of the largest Tier III data centers in North America, specifically designed and constructed to deliver world-class physical security, power availability, infrastructure flexibility and growth capacity. Accela’s data center provider is and shall remain SSAE 16/ 18 SOC2 compliant, meaning it has been fully independently audited to verify the validity and functionality of its control activities and processes. Every Server for the Services is and shall remain operated in a fully redundant fail-over pair to ensure high availability. Data is and shall remain backed up nightly, stored redundantly and shall be restored rapidly in case of failure. Accela also provides an off-site backup service, which is available at an additional cost. Security Patching and updates are actively evaluated by engineers and shall be deployed based upon the security risks and stability benefits they offer to Acela’s SaaS platform and Customers. Accela shall attempt to provide customers reasonable prior notice to security changes, updates and patches, unless the delay shall lead to a significant risk of impact to customer data. AMENDMENT NO. 1: In addition to the above Services to be provided, CONTRACTOR will also provide the following Services (added with Amendment No. 1): A. City access to and use of Accela Mobile Office maintenance, support, and managed services. Accela Mobile Office works with Accela Automation to provide field access for activities such as inspections, investigations, disaster response, code enforcement, work orders, and service requests. Accela Automation updates records in the Accela Automation database based on user DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 8 of 17 inputs from the Accela Mobile Office device. Accela Mobile Office runs on Windows operating systems and mobile devices such as PDAs, tablet PCs, and laptops. Accela Mobile Office is part of Accela’s software-as-a-service offerings. B. City access to and use of Accela Enhanced Reporting Database. The Accela Enhanced Reporting Database ensures customers get the most out of their data with near real-time replication of transaction data into a read-only database for reporting. The Accela Enhanced Reporting Database enables customers to perform any reporting they want with their tool of choice, with no impact to their transaction systems. The Accela Enhanced Reporting Database is part of Accela’s software-as-a-service offerings. DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 9 of 17 EXHIBIT A-3 MOBILE OFFICE WORK ORDER (ADDED) * The parties understand and agree that Exhibit A-3 has 3 pages total, not 4 as indicated in the exhibit’s footer. DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 10 of 17 DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 11 of 17 DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 12 of 17 EXHIBIT A-4 ENHANCED REPORTING DATABASE WORK ORDER (ADDED) * The parties understand and agree that Exhibit A-4 has 3 pages total, not 2 as indicated in the exhibit’s footer. DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 13 of 17 DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 14 of 17 DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 15 of 17 EXHIBIT B SCHEDULE OF PERFORMANCE (AMENDED, REPLACES PREVIOUS) CONTRACTOR shall perform the Services detailed in Exhibit “A” and Exhibit “A-1” according to the following schedule: 1. Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal October 1, 2018-September 30, 2019 2. Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal October 1, 2019-September 30, 2020 3. Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal October 1, 2020-September 30, 2021 4. Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal October 1, 2021- September 30, 2022 5. Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal October 1, 2022-September 30, 2023 AMENDMENT NO. 1: In addition to the above, CONTRACTOR will also provide the following Services (added with Amendment No. 1) according to the following schedule: 6. Accela Mobile Office Accela Mobile Office Annual Maintenance and Support Renewal April 1, 2022-September 30, 2022 7. Accela Mobile Office Accela Mobile Office Annual Maintenance and Support Renewal October 1, 2022-September 30, 2023 DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 16 of 17 8. Accela Mobile Office Accela Mobile Office Managed Service Fees April 1, 2022-September 30, 2022 9. Accela Mobile Office Accela Mobile Office Managed Service Fees October 1, 2022-September 30, 2023 10. Accela Enhanced Reporting Database Accela Enhanced Reporting Database April 1, 2022-September 30, 2022 11. Accela Enhanced Reporting Database Accela Enhanced Reporting Database October 1, 2022-September 30, 2023 DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88 Vers.: Aug. 5, 2019 Page 17 of 17 EXHIBIT C SCHEDULE OF FEES (AMENDED, REPLACES PREVIOUS) CITY will pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses specified herein, if any, will not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein will be at no cost to CITY. Item Number Description Qty Ext. Price HR10A0000000601 MR100XML0000602 Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal 1 1 $145,766.76 $3,286.42 Term: 10/1/18-9/30/19 $149,053.18 HR10A0000000601 MR100XML0000602 Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal 1 1 $150,139.76 $3,385.01 Term: 10/1/19-9/30/20 $153,524.77 HR10A0000000601 MR100XML0000602 Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal 1 1 $154,643.95 $3,486.57 Term: 10/1/20-9/30/21 $158,130.52 HR10A0000000601 MR100XML0000602 Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal 1 1 $159,283.27 $3,591.16 Term: 10/1/21-9/30/22 $162,874.43 HR10A0000000601 MR100XML0000602 Accela Automation Annual Managed Service Fees (Legacy) Renewal Accela GovXML Annual Maintenance and Support Renewal 1 1 $164,061.77 $3,698.90 Term: 10/1/22-9/30/23 $167,760.67 Amendment No. 1 Accela Mobile Office Maintenance and Support Renewal Accela Mobile Office Managed Service Fees Accela Enhanced Reporting Database 1 1 1 $6,119.73 $923.40 $11,548.23 Term: 4/1/22-9/30/22 $18,591.36 Amendment No. 1 Accela Mobile Office Maintenance and Support Renewal Accela Mobile Office Managed Service Fees Accela Enhanced Reporting Database 1 1 1 $12,851.44 $1,939.14 $23,827.96 Term: 10/1/22-9/30/23 $38,618.54 Subtotal of Original 5-year Total: $791,343.57 Subtotal of Amendment No 1: $57,209.90 TOTAL NOT TO EXCEED AMOUNT: $848,553.47 DocuSign Envelope ID: 1152560B-7897-4AD5-A67D-E04212FECE88