REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
February 11, 2020
FROM
LARRY AINSWORTH, Interim Chief Information Officer, Information Services Department
SUBJECT
Title v
Amendment No. 1 to Adobe Value Incentive Plan for Large Government Agencies
End
RECOMMENDATION(S)
Recommendation
Approve Amendment No. 1 to non-financial Value Incentive Plan for Large Government Agencies Agreement No. 19-110 with Adobe, Inc., to be accepted electronically, for licenses, support and maintenance of Adobe software products used for graphic design, video editing, web development applications, and editing PDF format files.
(Presenter: Jake Cordova, Division Chief, 388-0503)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of Amendment No. 1 to the Value Incentive Plan for Large Government Agencies Agreement will not result in the use of Discretionary General Funding (Net County Cost) as it is non-financial in nature. However, after approval, the terms will be used to accompany future purchase orders to be approved, as necessary per County Policy 11-04. Licensing Costs for Adobe software are included in the Information Services Department (ISD) Computer Operations 2019-20 adopted budget and will be included in future recommended budgets. Operating costs are recovered via service rates approved annually by the Board of Supervisor’s (Board).
BACKGROUND INFORMATION
ISD maintains perpetual licenses for several Adobe, Inc. (Adobe) proprietary software products, including Acrobat Pro, Photoshop, InDesign, Creative Suite, and Captivate, which are used for graphic design, video editing, web development applications, and editing PDF format files.
On March 12, 2019 (Item No. 28), the Board approved the non-financial Value Incentive Plan for Large Government Agencies Agreement No. 19-110 with Adobe to be accepted electronically for licenses, support and maintenance of Adobe software products used for graphic design, video editing, web development applications, and editing PDF format files. After approval, Adobe made revisions to the agreement terms and the incorporated documents. The Value Incentive Plan for Large Government Agencies Agreement term regarding governing law has been amended to read “For US state and local Government Entity Members, this Agreement is governed by the laws of the state in which your Government Entity is domiciled, except concerning conflicts of laws.” The governing law and venue for government agencies has no practical effect for the County. The amended terms in the Developer Additional Terms and VIP Program Guide are program related and non-substantive.
PROCUREMENT
Amendment No. 1 to the Value Incentive Plan for Large Government Agencies Agreement is non-financial in nature and the terms will be used to accompany future purchase orders to be approved, as necessary, per County Policy.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Bonnie Uphold, Deputy County Counsel, 387-5455) on January 14, 2020; Purchasing (Danny Shaftary, Buyer III, 388-5546) on January 13, 2020; Finance (Joon Cho, Administrative Analyst, 387-5402) on January 22, 2020; and County Finance and Administration (Kelly Welty, Deputy Executive Officer, 387-5423) on January 23, 2020.