REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 9, 2024
FROM
Lynn Fyhrlund, Chief Information Officer, Innovation and Technology Department
SUBJECT
Title
Amendment to Non-Financial End User License Agreement with Elixir Technologies Corporation for Graphic Design Software
End
RECOMMENDATION(S)
Recommendation
Approve Amendment No. 1 to non-financial End User License Agreement No. 23-238 with Elixir Technologies Corporation, for graphic design software, correcting the contract period to align with Elixir Technologies Corporation’s subscription term on record for the County, and extending the contract term, for the total contract period of February 1, 2023 through January 31, 2026, with two additional one-year optional renewal terms.
(Presenter: Lynn Fyhrlund, Chief Information Officer, 388-5501)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
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). Amendment No. 1 to End User License Agreement No. 23-238 (EULA) with Elixir Technologies Corporation (Elixir) is non-financial in nature and does not commit the County to make any purchases. If future purchases are made under the EULA, the Innovation and Technology Department (ITD) will adhere to County purchasing policies and return to the Board of Supervisors (Board) for approval, as necessary.
BACKGROUND INFORMATION
ITD’s Business Solutions Development Division (Division) assists other County departments with the design and development of forms and public notices used to conduct County business. Elixir DesignPro Tools is an advanced suite of graphics software that enables users to design and develop forms, notifications, and publications for applications on the enterprise server. The software allows for the efficient and effective design of form templates that can be populated with specific information that is stored in various databases and servers. The Division uses the software to develop the annual property tax bills for the Auditor-Controller/Treasurer/Tax Collector (ATC), property owner assessment notifications for the Assessor/Recorder/County Clerk (Assessor), and various other publications for use by other County departments that are printed for County business purposes.
On March 28, 2023 (Item No. 28), the Board approved the EULA, including non-standard terms, with Elixir, for graphic design software, in purchase amounts as authorized by County Policy, for the period beginning March 28, 2023 through March 27, 2024, with four optional one-year renewal terms.
Approval of Amendment No. 1 with Elixir will allow the County to correct the effective date of the EULA from March 31, 2023 to February 1, 2023, to correspond with the subscription term in Elixir’s records, and will extend the term through January 31, 2026, with two additional one-year optional renewal terms.
ITD recommends approval of Amendment No. 1 to continue the use of Elixir DesignPro Tools for the efficient design, development, and printing of County forms, notifications, and publications within ITD’s enterprise server environment.
The current Assessor and ATC applications that utilize Elixir are in the process of being redesigned and are anticipated to be launched in June 2024 and June 2025, respectively. The redesigned applications that generate the tax bills and property tax statements are not anticipated to require the use of Elixir to assist with the design and formatting of the documents. Therefore, ITD expects that it will no longer require Elixir graphic design software services after January 31, 2026.
PROCUREMENT
There is no procurement associated with this item. Amendment No. 1 will be utilized to accompany future purchase orders to be approved, as necessary, per County Policy 11-04, Procurement of Goods, Supplies, Equipment and Services.
ITD selected Elixir for its advanced suite of graphics software. The Purchasing Department concurs with the non-competitive selection process as it is the only provider of technical support patch releases and corrections for DesignPro Tools applications on the enterprise server. ITD has been utilizing Elixir since 2018 and Elixir continues to meet the needs of the County. Purchasing approved Elixir’s EULA in 2018 to provide DesignPro Tools for the County.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Bonnie Uphold, Supervising Deputy County Counsel, 387-5455) on November 27, 2023; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on November 28, 2023; Risk Management (Gregory Utaszewski, Staff Analyst II, 386-9008) on November 28, 2023; Finance (Iliana Rodriguez, Administrative Analyst, 387-4205) on December 14, 2023; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on December 18, 2023.