City of Palo Alto (ID # 7888) City Council Staff Report

City of Palo Alto (ID # 7888) City Council Staff Report

Report Type: Consent Calendar Meeting Date: 6/19/2017

City of Palo Alto

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

City of Palo Alto

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

City of Palo Alto

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

City of Palo Alto

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”) byand 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

DocuSign Envelope ID: FF2182AA-C426-419D-BDE5-9AA78A023E24

Professional Services Rev. April 27, 2016

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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.


Professional Services

Rev. April 27, 2016 3

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



Rev. April 27, 2016 4

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.



Rev. April 27, 2016 5

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.



Rev. April 27, 2016 6

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



Rev. April 27, 2016 7

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.



Rev. April 27, 2016 8

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.



Rev. April 27, 2016 9

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



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


Keith Hobday

Parter

Don Hunsinger

Partner


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 APPo 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



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



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 [email protected].

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



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.



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



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.



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



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.


https://www.planetbids.com/portal/portal.cfm?CompanyID=25569


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


https://www.planetbids.com/portal/portal.cfm?CompanyID=25569

http://www.cityofpaloalto.org/gov/depts/asd/planet_bids_how_to.asp

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duties to the eo comply may



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loyment and/o

EXCEPTIONS

e event that acy, the employption request”). The empl

may be requesordance with g

by the City Aage, access, rconsult with thequest, the ehis or her sup

he CIO, acting

MUNICIPAL OR

Policy will su

SPONSIB

RESPONSIBILIT

CIO, acting bdinate the imp

City’s employy contractors ormance of th

ISM will be rethe effectiven

etailed, auditaonsible for theents that aris

artment-specif-Disclosure Ading, without

RESPONSIBILIT

Information Swn from the va

ll information tives and actining processeessed at the a

y

or legal conse

a City employyee may requt will be reviewoyee, with the

sted by the ISguidelines app

Attorney. The Pretention, usahe CIO to appxception requ

pervisor. The g by the ISM.

RDINANCE

persede any

BILITIES O

TY OF CIO AND

y the ISM, wiplementation

yees, in particunder contraceir job respon

esponsible forness of the Poble technical e City’s IT enve in regard tofic policies angreements (Nlimitation, loc

TY OF INFORMA

Security Steerarious City desecurity efforivities. The ISes to ensure tappropriate C

equences.

ee cannot fulest an excepwed and adme approval of M. The ISM wproved by thePolicy’s guide

age, and proteprove or deny uest dispositioapproval of a

City policy, ru

OF CITY S

D ISM

ll establish anof information

cular, softwarect to the City tnsibilities.

r: (a) developolicy; (c) the drequirementsvironments; (

o potential viond proceduresNDAs) signedcal or ‘cloud-b

ATION SECURI

ring Committepartments, wrts, including

SSC will providthat informatio

City departme

ly comply withtion by subm

ministered by this or her su

will conduct ae City’s Chief elines will inclection of the Ithe exception

on will be comny request m

ule, regulation

STAFF

n information n security me

e application to provide ser

ing and updadevelopment os, which will bd) assisting thlations of the s which fall un by third party

based’ softwa

TY STEERING

ee (the “ISSCwill provide the

key informatiode input to thon security risnt level.

h one or moreitting Securitythe City’s Infopervisor, will

a risk assessmInformation Olude at a mininformation idn request. Af

mmunicated, imay be subjec

n or procedur

security maneasures by the

users and darvices, shall b

ating the Policof privacy stabe designed ahe City’s staff Policy; (e) render the purvy contractors

are services to

COMMITTEE

”), which is coe primary direon security ane informationsks are adequ

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ment of the reOfficer (“CIO”imum: purpos

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ct to counterm

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nagement frame City’s gove

atabase usersby guided by

cy, (b) enforciandards that wand maintaineff in evaluatingeviewing and view of this Po, which will pro the City.

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Pa 31 Janua

described in Request.The urity Manageradditional infoquested exce) and approvese, source, coe request. Theideration is githe City emplo

measures esta

nformation pr

mework to initrnment.

s, and, indirecthis Policy in

ng compliancwill manifest ted by the persg security andapproving

olicy; and (f) rrovide service

he City’s empzation and apsks, programs privacy stratered, assess



this

r (the ormation eption in ed as to ollection, e ISM iven to oyee

ablished

rivacy.

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Privacy Policy

RESPONSIBILIT

uthorized useesses and tec

RESPONSIBILIT

City’s IT Mans networks, wpliance with thnal reporting

RESPONSIBILIT

ISM will ensuA), whenever Software as a cuted prior to tractors. The Cctives, policie

he ISM at planrred.

CIO, acting bopriate, comm

IVACY PO

OVERVIEW

Policy appliesmation of per

or entrusted toractors under ities include, r networks, sy

term “informar related orgagned, implemmation assetspromise, and

ntain informatidentiality, inteparties.

PERSONAL INF

ept as permitteg business wion has conselocal governm

y

TY OF USERS

ers of the Infochnologies wi

TY OF INFORMA

agers, who awill be responshe City’s inforof events that

TY OF AUTHOR

ure that the Ciaccess to theService (Saa

the sharing ofCity’s approacs, processes

nned intervals

y the ISM, wimencing from

OLICY

s to activities rsons doing bo, the City andcontract to thwithout limitaystems, or de

ation assets” aanizations whiented, and ms. The City’s sinappropriate

ion managemegrity, and av

FORMATION AN

ed or provideith the City, o

ented to the Cment agency

rmation will bithin the scop

ATION TECHNO

re responsiblsible for confirmation securt may have co

RIZATION COOR

ity’s employeee InformationaS) Security af the Informatch to managin, and procedus, or wheneve

ll review and the date of it

that involve tusiness with td will be madhe City to proation, accessinevices.

also includes ile those asse

maintained to estaff will act toe disclosure o

ment systems,vailability of its

ND CHOICE

d by applicabr receiving se

City’s sharing owith third par

be responsiblee of responsi

OLOGY (IT) MA

e for internal,guring, maintrity and privacompromised

RDINATION

es secure thewill be grante

and Privacy Ttion of personng informationures for informer significant c

recommend ts adoption.

he use of thethe City or ree available tovide Softwareng the Interne

the personal ets are under ensure that oo protect its inor alteration. T networks ans information

ble laws, the Cervices from thof such informrties under co

e for complyinibility of each

ANAGERS

, external, dirtaining and secy policies. Tnetwork, syst

e execution ofed to third par

Terms and Cons covered byn security andmation securitchanges to se

changes to th

e City’s informceiving servic

o the City’s eme as a Serviceet, using e-ma

information othe City’s connly authorizenformation asThe City will pnd processes

assets to the

City will not shhe City, in viomation duringontract to the C

InInforma

ng with informuser.

rect and indireecuring the Chey are also tem or data s

f Non-Disclosrty contractor

onditions. An y this Policy wd its implemety) will be revecurity implem

he Policy ann

mation assets,ces from the Cmployees ande consulting sail, accessing

of the City’s entrol. Securitd persons wil

ssets from theplan, design, in order to as

e City’s emplo

hare the Inforolation of this the conduct City to provid


Pa 31 Janua

mation privacy

ect connectionCity’s IT netwo

responsible foecurity.

sure Agreemers, in conjunctNDA must be

with third partyentation (i.e. viewed indepementation hav

nually, or as

namely, the City, which ard third party services. Theg the City’s int

employees anty measures wll enjoy acceseft, damage, limplement anssure the appoyees and aut

rmation of anyPolicy, unlesof the City’s be services.



y

ns to the orks in or timely

ents tion with e y

endently ve

re owned

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nd any will be ss to the oss,

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Privacy Policy

METHODS OF C

City may gathction of such ness as a locabe gathered with other tecation in order

City’s staff wimay use “coowill note that nternet Protocbrowser softwnet address o

user’s computpromise the ucomputers byis or her com.

UTILITIES SERV

e provision ofartment (“CPAomers. To theies Rules andy; provided, hrwise directedother City dep

nesses and ree secure accethly utility usa

dents with nonor billing data

standard mon

nesses and rered by the samation under

PUBLIC DISCLO

Information thd be incorporass such inform

ACCESS TO PE

City will take ss to that per

cted persons w

y

COLLECTION O

her the Informinformation is

al governmenat service win

chnologies, whr to secure the

ll inform the pkies” to custoa cookie contcol address o

ware and operof the websiteter by using thuser’s privacy y using any oputer, it will n

VICE

f utility serviceAU”) will collee extent the md Regulationshowever, any d or approvedpartments ex

esidents with ss through a

age and billingn-standard or a provided to tthly billing.

esidents with ame privacy pr applicable fe

OSURE

hat is collecteated in a publmation is exem

ERSONAL INFO

reasonable srson’s Informawho can revie

OF PERSONAL

mation from a s both necessnt agency in itndows and coherever the Ce City’s servic

persons whosomize the browtains unique i

of the computeating systems

e from which the City’s webor security. U

of the widely aot prevent or

es to personsect the Informamanagement or other ordisuch Rules a

d by the Councept as may b

standard utiliCPAU websi

g data. In addexperimenta

them through

such non-starotections an

ederal and Ca

ed by the City lic record thatmpt from disc

ORMATION

teps to verify ation. Each Cew and updat

INFORMATION

variety of sousary and apprts governmenontact centersCity may interaces.

se Informationwsing experieinformation ther used to acs used, the dathe user linke site do not c

Users can refuavailable meth

prohibit the u

s located withiation in orderof that informnances, rules

and Regulationcil. This inclube required b

ity meters andte to their Info

dition to their rl electric, wat non-City elec

andard or expd personal in

alifornia laws.

in the ordinat may be subj

closure to the

a person’s idCity departmente that informa

urces and resropriate in ordntal and proprs as well as aact with perso

n are coveredence with thehat a web siteccess the Cityate and time

ed to the City’scontain the Infuse the cookihods. If the ususer from gain

in Palo Alto, tr to initiate an

mation is not ss, regulations ns must conf

udes the sharby law.

d/or having normation, inclregular monthter or natural ctronic portal

perimental menformation exc

ry course andject to inspecpublic by Ca

dentity beforent that collectation at reaso

InInforma

sources, provder for the Citrietary capaci

at web sites, bons who need

d by this Police City of Palo Ae can use to try’s web sites, a user accesss web sites. Cformation, andies or delete tser chooses nning access t

the City of Pad manage uti

specifically ad or procedureform to this Poring of CPAU-

on-metered mluding, withouhly utilities bilgas meters ms at different

etering will hachange rules

d scope of coction and copyalifornia law.

e the City will gts Informationonable times.


Pa 31 Janua

ided that the ty to conduct ties. That inf

by mobile appd to share suc

cy that the CitAlto web siterack, among othe identificatsed the site, aCookies creatd thus do notthe cookie filenot to accept to or using the

alo Alto Utilitieility services t

ddressed in thes, this Policyolicy, unless -collected Info

monthly servicut limitation, thling, business

may have theiintervals than

ave their Informapplicable to

onducting its bying by the pu

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formation plications, ch

ty’s web . The others, tion of and the ted on t es from a cookie

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Privacy Policy

SECURITY, CO

ept as otherwions covered bes without theonable controons covered b

City may authmation of pernces, the City Information o

e City becomerred, with resch in accorda(s) of the knowthe proposed

DATA RETENTI

City will storeod is establishruction.

SOFTWARE AS

City may engces, common

der to assuree who receiveSaaS servicesider, shall desces and/or fudentiality and

se requiremenh the servicesces provider’ding disaster itoring service“IT infrastruc

puters, and da

r to entering inces provider

nt that the Saairements duri

mptly inform th

FAIR AND ACC

U will requireage utility ser

y

NFIDENTIALITY

ise provided bby this Policy e express writols that are deby this Policy

horize the Cityrsons who do y will require only in further

es aware of a spect to the Inance with appwn or suspecaction to be

ION / INFORMA

e and secure ahed by law, fo

A SERVICE (S

age third partnly known as

the privacy aed services fros provider andsign, install, purnishes goodd privacy of th

nts include infs are provideds operations recovery and

es to ensure acture” refers toatabase man

nto an agreemto complete a

aS services png the course

he ISM.

URATE CREDIT

utility customrvices to them

Y AND NON-DIS

by applicable as confidenti

tten consent oesigned to pro.

y’s employeebusiness withthe City’s emrance of City-

breach, or hanformation of licable laws.

cted breach, ttaken or the r

ATION RETENTI

all Informationor seven (7) ye

SAAS) OVERSI

ty contractorsSoftware-as-

and security oom the City, ad its subcontrprovide, and mds to the City, he Information

formation secd to the City, and maintena

d business coa secure and o the integrateagement dev

ment to providand submit anprovider reasoe of providing

T TRANSACTIO

mers to providm.

SCLOSURE

law or this Poial and will noof the personotect the conf

and or third ph the City or rployee and/o

-related busin

as reasonablea person, theThe notice ofhe nature of tresponsive ac

ION

n for a periodears, and the

GHT

s and vendorsa-Service (Sa

of the Informaas a conditionractors, if anymaintain a sec

to the extent n.

curity directiveincluding con

ance processontinuity plann

reliable envired framework

vices, upon wh

de services ton Information onably determ services, the

ON ACT OF 200

de their Inform

olicy, the Cityot disclose it, n affected. Thefidentiality and

party contracreceive servic

or the third paness and in ac

e grounds to e City will notiff breach will inthe Informatioction taken by

d of time as mereafter such i

s to provide saaS).

ation of those n of selling goy, including ancure IT envirot any scope of

es pertaining nnection to thes needed to

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o the City, theSecurity and

mines that it cae City will requ

03

mation in orde

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y will treat theor permit it toe City will devd security of t

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believe that afy the affectenclude the daon that is the y the City.

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o support the the IT infrastrservice availa

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er for the City


Pa 31 Janua

e Information oo be disclosedvelop and mathe Informatio

s and/or use City. In thosers to agree to th the Policy.

a security bred person of s

ate(s) or estimsubject of the

ed by law, or iwill be schedu

cation and da

ness with the ervices to thecture service

e it performs svices implicat

infrastructurestems; (b) theIT environmeructure perforability to the Ction, data cenate.

will require theestionnaire. Ine information

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to initiate and



of d, to third aintain on of

the use

ach has such mated e breach,

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atabase

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eral regulation159), includinitor” which proimplement proent, respond

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ties Departm

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urity Manager

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Pa 31 Janua

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(v) Unleindiruse, inclu

Part B.

rm the City torm securits, and providversary dateommodate, ormance of d party servsultant’s anctices, systeection and reperate with ulations, thehorized thirdorm regularvices. ntain recorder terminatty (30) days f those recontain the Coa and informrypt the Conor any authoess otherwisrect or punidata or pro

uding, witho

Alternate

that any thiry self‐auditsde the requie or any otheas practicarandom sitevice providend its third ms configuesponse. the City to Confidentiad party servicr, reliable se

ds relating totion of this Aafter the effrds relating onfidential Iation privacfidential Inforized recipise addressedtive damageofits, arisingut limitation

e Requireme

rd party servs on a reguired summarer date agreble, and upe security aur(s), as appparty servrations, acc

ensure thatal Informatice provider’secured back

o the ServiceAgreement fective date to the perfonformation cy laws, rulesormation beient. d in the Agres whatsoevg out of or in, IT infrastru

ents:

vice providerlar basis anry reports ofeed to by thepon reasonudits at the Clicable. Thevice providecess authen

t to the exton will be as personnel.ups of all da

es for a perioand in a mof expiratioormance of tin accordans and regulaefore deliver

reement, shver includinn any way cucture comm

Doc

r(s) meet(s) nd not less ff those self‐e Parties. able prior Consultant’s scope of ter(s)’ awarentication an

tent requiredaccessible o. ata needed

od of three utually agreon or earlier the Services nce with apptions. ring the sam

hall not holdg, without connected wmunications

ument Versi

all of the Refrequently taudits to the

notice by tsite(s), inclu

these auditseness of send authoriza

d by applicaonly by the

to maximiz

(3) years afteeable storaterminationshall be proplicable fede

me by electro

d the City lilimitation, dwith the Cit.

City of Information


Pa

equirementsthan on a qe ISM on the

the City, thuding the sits will extendecurity polication, and

able laws, ruConsultant

ze availabilit

ter the expirge mediumn of this Agreovided to theeral, state a

onic mail to

able for anydamages forty’s IT enviro


age 3 of 3

s. quarterly e annual

he City’s te(s) of a d to the cies and incident

ules and and any

ty of the

ration or . Within eement, e ISM. and local

the City

y direct, r loss of onment,


City of Palo Alto (ID # 7888) City Council Staff Report

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Transcript of City of Palo Alto (ID # 7888) City Council Staff Report