REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
June 22, 2021
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
SUBJECT
Title v
Information Technology Contract with Accela, Inc.
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Fire Protection District, authorize the Purchasing Agent to approve an Information Technology contract with Accela, Inc., in the form of a Renewal Order Form, in the amount of $96,074.34, which includes non-standard terms for the following products: Envision Connect Remote Annual License, CERS EDT Annual License, Maintenance and Support, Envision and PACT Annual License and Support, for the period of July 9, 2021 through July 8, 2022.
(Presenter: Dan Munsey, Fire Chief/Fire Warden, 387-5779)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
The $96,074.34 cost of this Information Technology (IT) contract will be funded by the San Bernardino County Fire Protection District (SBCFPD) without the need for additional Discretionary General Funding (Net County Cost). Sufficient appropriation for this contract is included in SBCFPD’s 2021-22 budget and will be included in the 2022-23 recommended budget.
BACKGROUND INFORMATION
To aid in the mission of protecting the public it serves, SBCFPD uses multiple IT products to provide professional and modern fire protection and advanced life support services. The recommended IT contract plays a vital role in assisting SBCFPD with providing these services.
On July 9, 2013 (Item No. 51), the Board of Directors (Board) approved a contract with Decade Software Company, LLC. (Decade) for the licensing, support and use of proprietary Envision Connect software. Envision Connect is designed to automate and manage SBCFPD’s reporting, cost recovery, permitting and inspection processes in accordance with Unified Program Agency (UPA) requirements found in the Health and Safety Code. In 2014, Accela, Inc. (Accela) acquired the assets and liabilities of Decade. The acquisition by Accela included the proprietary Envision Connect software used by SBCFPD.
On June 23, 2020 (Item No. 107), the Board approved a contract extension with Accela, in the form of a Renewal Order Form, for 2020-21 (2020 Renewal Order Form). The Board agenda item contained a clerical error in describing the term of the 2020 Renewal Order Form. The correct term, as reflected in the 2020 Renewal Order Form, is from July 9, 2020 through July 8, 2021.
The recommended Renewal Order Form for 2021-22 (2021 Renewal Order Form) with Accela will renew the Envision Connect Remote Annual License, CERS EDT Annual License, Maintenance and Support, Envision and PACT Annual License and Support for a period of one year (July 9, 2021 through July 8, 2022) in the amount of $96,074.34. The 2021 Renewal Order Form incorporates by reference the Envision Connect Hosted License & Support Agreement with Accela that was approved by the Board on January 7, 2020 (Item No. 38). The Envision Connect Hosted License & Support Agreement includes, but is not limited to, the following non-standard contract terms:
1. Accela’s disclaimer of warranties and limitation of liability.
• The contract disclaims certain warranties and provides that notwithstanding anything to the contrary in the contract, Accela’s cumulative liability under the contract shall not exceed $200,000. Accela’s only obligation under the warranties is to cause the programs to operate substantially in accordance with the license materials or correct the materials at Accela’s sole discretion.
• There is no warranty requirement in the SBCFPD standard contract. Also, the SBCFPD standard contract does not cap the vendor’s cumulative liability under the agreement.
• Potential Impact: The disclaimer of warranties limits SBCFPD’s rights. In terms of Accela’s cumulative liability under the agreement being capped at $200,000, claims could exceed the liability cap leaving SBCFPD financially liable for the excess. In addition, SBCFPD’s liability under the contract is not similarly limited. SBCFPD could be responsible for defense costs and damages if they exceed the $200,000 cap on Accela’s liability.
2. A non-binding dispute resolution (arbitration) process.
• The contract states that any controversy or claim may be settled by non-binding arbitration, with the place of arbitration being in San Bernardino County, California.
• The SBCFPD standard contract does not include a non-binding dispute resolution provision.
• Potential Impact: Because the dispute resolution (arbitration) process is non-binding, the provision would result in the additional cost of participating in the non-binding dispute resolution process.
3. SBCFPD may terminate the contract only under certain conditions.
• The contract allows SBCFPD to terminate the contract with 30 days’ notice only under certain conditions, including lack of funding.
• The SBCFPD standard contract states that SBCFPD may terminate the contract for its convenience without cause subject to 30 days’ notice to the vendor.
• Potential Impact: SBCFPD will be limited in its ability to terminate the agreement.
4. Confidentiality provision.
• The contract includes a provision that requires SBCFPD to keep confidential all information obtained or learned during the course of furnishing and receiving services under the agreement for a period of two years following termination or expiration of the agreement. The contract is also government by California law.
• The SBCFPD standard contract does not include a confidentiality provision.
• Potential Impact: SBCFPD will be contractually obligated to comply with this term consistent with the Public Records Act.
5. Assignment.
• The contract states Accela may assign its rights and obligations under the agreement for purposes of financing or pursuant to corporate transactions involving the sale of all or substantial all of its stock or assets.
• The SBCFPD standard contract requires SBCFPD to approve any assignment.
• Potential Impact: Accela may assign its rights and obligations under the above-described conditions without notice to SBCFPD.
Notwithstanding the non-standard provisions, SBCFPD is recommending that the Board authorize the Purchasing Agent to approve the Renewal Order Form with Accela because it will allow SBCFPD to continue to utilize software that automates and manages the reporting, cost recovery, permitting and inspection processes in accordance with UPA requirements found in the Health and Safety Code.
Pursuant to County Policy 11-05, contracts that contain non-standard contract language require Board approval.
PROCUREMENT
Since 2014, SBCFPD has contracted with Accela as the sole provider of Envision Connect proprietary software. This software continues to be the only product available that meets State reporting requirements and is a cost-effective solution for ensuring compliance with all criteria mandated under 1993 Senate Bill 1082 concerning the management of various hazardous material and hazardous waste programs.
The Purchasing Department reviewed this item and concurs with the non-competitive justification for this recommended IT contract.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott Runyan, Supervising Deputy County Counsel, 387-5455) on June 11, 2021; Purchasing (Cody Leslie, Lead Buyer, 387-2065) on May 26, 2021; Finance (Tom Forster, Administrative Analyst, 387-4635) on May 27, 2021; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on June 7, 2021.