REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 27, 2023
FROM
MELANIE ORSOCO, County Librarian, Library
SUBJECT
Title
Contract with GoTo Technologies USA, Inc. for Remote Desktop Services
End
RECOMMENDATION(S)
Recommendation
Approve Agreement with GoTo Technologies USA, Inc., including non-standard terms, to provide remote management to all County Library computers and devices, in the amount of $33,990, for the period of June 28, 2023 to June 28, 2026.
(Presenter: Melanie Orosco, County Librarian, 387-2220)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The cost to the San Bernardino County (County) Library (Library) for the Agreement with GoTo Technologies USA, Inc. (GoTo) is $33,990, based on the annual amount of $11,330. Adequate appropriation has been included in the Library’s 2022-23 budget and will be included in subsequent recommended budgets.
BACKGROUND INFORMATION
Approval of this recommended Agreement will allow the Library to use GoTo’s products and services as a software tool for remote management of Library’s over 1,200 computers and devices. The use of GoTo’s products and services is important for remote management of every computer and device for the Library’s 32 branch locations by its internal Information Technology (IT) team.
GoTo will allow the Library IT team to perform IT-related work on over 1200 computers and devices remotely, instead of traveling to each location. The Library IT team troubleshoots and repairs computers, devices, and databases remotely and in real-time. GoTo improves County operations by reducing the travel cost for IT and allowing management staff who oversee multiple County Library branches, to access desktop computers.
The GoTo Agreement contains the following non-standard terms, which require Board of Supervisors approval:
1. The Agreement contains a mutual waiver of consequential damages.
• Standard County policy does not allow a vendor to limit its liability in performance of the contract.
• Potential Impact: This waiver limits the ability of both parties to recover damages for indirect, special, consequential, or incidental loss. This provision limits the types of damages that may be recovered by the parties.
2. The Agreement contains a limitation of liability.
• Standard County policy does not allow a vendor to limit its liability in performance of the contract.
• Potential Impact: This provision limits the liability of both parties to the amounts paid for the applicable services during the 12 months immediately preceding the incident giving rise to the liability. Monetarily, this is a significant limitation on what the County may recover in the event there is an incident giving rise to liability. GoTo refused to negotiate the amount of the limitation but did agree to exclude gross negligence, fraud, and willful misconduct. Indemnification obligations are not excluded; however, the County will rely on a warranty of noninfringement rather than intellectual property indemnification for this Agreement.
3. The Agreement does not contain all the County’s standard insurance requirements.
• Standard County policy states insurance terms must mirror the insurance provisions in County Standard Practice 11-07.
• Potential Impact: GoTo did offer alternative language and provided a Certificate of Insurance evidencing its current coverage. The insurance provided includes commercial general liability, automobile liability, worker’s compensation, and cyber liability, and appears reasonably compliant with County requirements. GoTo has agreed to add the County as an additional insured and add a waiver of subrogation for general liability and auto liability to its insurance policy. GoTo has not agreed to the remainder of the County’s standard insurance provisions.
Library recommends approval of the Agreement, including non-standard terms, to avoid disruption of its fully automated customer services online and at its Library Branch locations.
PROCUREMENT
Library contacted three vendors, AnyDesk, Splashtop, and GoTo, for a 30-day period, requesting quotes for remote management services for Library devices and computers. All three vendors responded to the request. After reviewing the quotes, the Library is recommending award of the three-year Agreement with GoTo Technologies USA, Inc. based on their lowest cost for remote services.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Katherine Hardy, Deputy County Counsel, 387-5455) on June 4, 2023; Innovation and Technology (Jake Cordova, Assistant Chief Information Officer, 388-0503) on June 16, 2023; Risk Management (Victor Tordesillas, Director, 386-8621) on June 5, 2023; Purchasing (Bruce Cole, Lead Buyer, 387-8258) on May 18, 2023; Finance (Elias Duenas, Administrative Analyst, 387-4052) on June 7, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on June 7, 2023.