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Item S11BOARD OF COUNTY COMMISSIONERS * REVISED AGENDA ITEM SUMMARY Meeting Date: July 15, 2015 Department: County Attorney Bulk Item: Yes x No Staff Contact: Bob Shillinger 305-292-3470 AGENDA ITEM WORDING: Ratification of contract with Accela for software, system configuration, implementation and training to develop, implement and maintain an electronic, fully integrated BOCC meeting agenda process; AND approval of an Amendment to the contract requiring 60-day notification to the County of any price increase. ITEM BACKGROUND: The current process used by the County for review, submission and preparation of our agenda items, agenda, minutes and processing of agenda items following BOCC approval is antiquated. While efforts were made ten years ago to go "paperless", the current process is cumbersome and results in much duplication of effort. Other counties and municipalities have successfully transitioned to electronic agenda programs, which eliminate the physical routing of paper documents for review and approval by various departments. County staff researched various companies which provide agenda and meeting software services and consulted with other local governments in the state in an effort to find the product that best suited the needs of Monroe County. Staff settled on Accela and executed an agreement that calls for a monthly payment of $1,920. The agreement may be terminated for convenience with 30 days' notice. The contact is for software for three (3) modules: a) agendas & minutes; b) civic streaming; and c) digital board room. System configuration, implementation, and training are included in the monthly charge. When fully operational, the entire agenda process will be handled electronically with agenda items uploaded, reviewed and approved by staff (with built-in tracking), and automatically uploaded to the agenda. The agenda will be generated electronically with links to all supporting materials and integrated with the webcast of the meeting. The system can be configured to allow for speakers to sign up electronically at a kiosk in the back of the meeting room (eliminating the need for blue cards), to take and record votes electronically, and to generate minutes instantaneously automatically assigning resolution and ordinance numbers. After a meeting, anyone interested in an item will be- able to view the item, the supporting documentation, the outcome, and the video of the discussion all from one page. Automation will preserve the documentation of our entire BOCC meeting agenda process in one location and the data in the system can also be used to generate various reports as needed. The package can be configured to include agendas for other boards and committees as well. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: Amendment requires a 60-day notification to the County of any price increase. STAFF RECOMMENDATIONS: Approval TOTAL COST: $1,920 per month INDIRECT COST: n/a BUDGETED: Yes x No DIFFERENTIAL OF LOCAL PEFERENCE: n/a COST TO COUNTY: $1,920/mo. SOURCE OF FUNDS: ad valorem REVENUE PRODUCING: Yes _ No x AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # S-11 REVISED * Added approval of Amendment. AMENDMENT 1. Parties ACCELA Accela, Inc. 2633 Camino Ramon, Suite 500 San Ramon, California 94583 Attention: Contracts Administration T: 925.659.3200 F: 925.407.2722 e-Mail: contractsadmin@accela.com CUSTOMER County of Monroe 1100 Simonton Street, Suite 205 Key West, Florida 33040 Attention: N/A T: N/A F: N/A e-Mail: N/A 2. Effective Date Provided that Customer signs and returns this Amendment to Accela no later than July 17, 2015, this Amendment is effective as of the date of Customer's signature ("Effective Date"). 3. Deliverables and Compensation The following is appended to the fourth sentence in Section 4.1 of the Accela Legislative Management Agreement, dated June 25, 2015, between the Parties: "The per -unit pricing during said additional term will be the same as the prior term's annual fees unless Accela notifies Customer otherwise not less than sixty (60) calendar days prior to the end of said prior term. Any price increase will be effective at the start of the renewal term. No such price increase will exceed five percent (5%) of the prior term's annual pricing." 4. Terms and Conditions 4.1. Unless specifically amended, modified, or supplemented by this document, all terms and conditions of prior written agreements between the parties shall remain unchanged and in full force and effect. The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued by Customer. 4.2. If any particular provision of this document is determined to be invalid or unenforceable, that determination shall not affect the other provisions which shall be construed in all respects as if the invalid or unenforceable provision were omitted. ACCELA CUSTOMER By: By: Signature Signature Print Name Print Name Its Its Title Title Dated: Dated: Month, Day, Year Month, Day, Year END OF DOCUMENT Amendment Page 1 of 1 Legislative Management M- EM, 1IT411 Monroe County, FL Submitted By: Kevin Strauss Business Development Executive Accela 100 Comac Street Ronkonkoma, NY 11779 (631) 389-3691 6/25/2015 Accela Accela - Legislative Management - Terms, Conditions and Pricing for Monroe County, FL 1. IMPORTANT NOTICE TO USER: Accela, Inc. ("Accela' owns all intellectual property in the software products Agendas & Minutes, Civic Streaming, Digital Boardroom, Boards & Commissions and Civic Voice (collectively 'Software). Customer shall not modify, adapt, translate, rent, lease or otherwise attempt: to discover the Software source code. This Agreement will be governed by the laws in force In the State of Florida. 2. Software License. The Software subscription services and the accompanying files, software updates, lists and documentation are licensed, not sold, to you. You may install and Use a copy of the Software on your compatible computer for the purpose of connecting to the hosted service provided by Accela as long as you are a current subscriber and maintain your monthly or annual continued services for the applicable licenses. Except as expressly set forth herein, Accela disclaims any and all express and Implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. 3. Continued Services 3.1 Updates and Renewals. If the Software is an Update to a previous version of the Software, you must possess a valid license to the previous version In order to use the Update. Corrections of substantial defects In the Software so that the Software will operate as purported will be rectified by Accela. Customer agrees to Install all updates, Including any enhancements, for the Software in accordance with the instructions provided by Accela. 3.2 Hosting. Accela agrees to maintain Customer data in a Tier-2 datacenter and is committed to providing 99.9% uptime and availability. Accela will perform nightly backups of your hosted data to an alternate physical location. 3.3 Ownership of Data. All hosted data belongs to the Customer. At the request of the customer Accela will provide a backup of all database infornatlon and files through a downioadable backup or DVD. Accela agrees to provide this service without charge at least once per year. 4. Payment Terms & Fees 4.1 Term and Termination. Subscription terms are twelve (12) calendar months In duration. The Initial Tern of this Agreement is effective as of the date of the Customer's signature ("Effective Date") and will continue for 12 months. At the end of the initial 12 month tern, Customer's subscription willrenew for an additional term unless terminated as provided herein. Accela reserves the right to increase the annual fees by 5% on the anniversary date of each annual renewal term. This agreement can be terminated at any time with 30 days prior written notice. 4.2 Payment Terms. Subscription Services of $1,920 per month billing will commence on 9/1/2015. Each subsequent payment will occur on the 1't of each month. Payment Terms are NET 30 Days from the invoice date. 4.3 On -Site Support and Expenses. Should on -site support requiring travel by Accela staff be requested by Customer, Accela will provide on -site assistance at Accela's then -current time -and -materials rates. In addition to these charges, Customer will compensate Accela for associated airfare, lodging, rental transportation, meals, and other Incidental expenses as such expenses accrue and will be billed at cost and invoiced separately. 4.4 Hardware. Hardware, if any, is provided at no additional cost. Accela does not warrant any hardware. Should Accela furnish encoder hardware as part of the Civic Streaming (fka MediaTraq) video streaming service, hardware warranty Is through manufacturer repair or replacement only. Any hardware Issues requiring new equipment not covered by the warranty will be billed to the client at cost. Any upgrades, additional encoders, etc. will be billed to client. Any hardware furnished to client as part of Accela's services is to be returned to Accela upon termination of associated services. S. tlmftatlon of Liability. Accela will, at all times during the Agreement, maintain appropriate Insurance coverage. To the extent not offset by Its Insurance coverage and to the maximum extent permitted by applicable laws, In no event will Accela's cumulative liability for any general, Incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to Accela by Customer during the twelve (12) calendar months Immediately preceding the circumstances which give rise to such claim(s) of liability, even if Accela or Its agents have been advised of the possibility of such damages. MAcceta G. Optional Electronic Payment: Services can be electronically paid through credit card. By submitting your credit card Information here you agree to allow Accela to charge your monthly SaaS fee in accordance with our regular payment terms. _.-.._._.._T ..W....... ... ......._.._ � ..__.. _.___—.______...__ . .__ �_ __ ___. _-__._..._ _ __ ___ __ _,_.........__..�_.__..._ Type Card It Name on Card Upires Address (Street, City, State, Security Code 7. Pricing Structure: Description Agendas 6 Minutes - Unlimited Monthly SaaS one Time $960 / mo Civic Streaming - Unlimited $720 / mo Digital Boardroom - Unlimited $720 / mo System Configuration, Implementation 6 Training Waived/Included Multiple Module Discount* -$480 / mo_ _.........-..........-._ ..............._.............._..._........ ............. ._.._._.... ,...... .............................. ............ _......_..._._.__......._....._........._.._........._......._..__.........._.....__....----............ Total — Monthly SaaS .. _ _ _...........-...........---...-._......_._......_.._.........__ .... ..... _............_..... ... ..................... $1,920/ mo ...................._. ...................-------- *The 20% discount will be applied to the monthly. total, It the agreement Is signed and sent back to Accela before 6/30/2015 Monroe County, FL Accela, Inc. r Ar f/ ♦/�. Sheryl Graham, Director Printed Name, Title Social Services for: ROMAN GASTESI, County Administrator one: 8111InaC0atart: Katherine Peters, CP Signature Daryl Blowes, GM / SVP Printed Name, Title Date: 6/25/2015 allonaaddress: County Attorney's Office, 1111 12th Street, Suite #408, Key West, FL 33040 ZR c�_T ._R, JR. County of Monroe Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292-4441— Phone (305) 292-4544 - Fax MEMORANDUM To: Amy Heavilin, Clerk of Courts From: Roman Gastesi, County Administrator Date: June 22, 2015 RE: Out of Office BOARD OF COUNTY CQNMSSIONERS Mayor Danny L. Kolhage, District 1 Mayor Pro Tern Heather Carruthers, District 3 George Neugent, District 2 David Rice, District 4 Sylvia I Murphy, District 5 I will be out of the office Monday, June 22, 2015 through Friday, June 26, 2015 on Vacation. During my absence, Sheryl Graham, Director of Social Services, shall have full authority to act on my behalf. Roman Gastesi Cc: County Commissioners and Aides County Attorney Division Directors Payroll Finance BOARD OY C;OUINTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 15, 2015 Department: County Attorney Bulk Item: Yes x No Staff Contact: Bob Shillinger 305-292-3470 AGENDA ITEM WORDING: Ratification of contract with Accela for software, system configuration, implementation and training to develop, implement and maintain apt electronic, fully integrated BOCC meeting agenda process. ITEM BACKGROUND: The current process used by the County for review, submission and preparation of our agenda items, agenda, minutes and processing of agenda items following BOCC approval is antiquated. While efforts were made ten years ago to go "paperless", the current process is cumbersome and results in much duplication of effort. Other counties and municipalities have successfully transitioned to electronic agenda programs, which eliminate the physical routing of paper documents for review and approval by various departments. County staff researched various companies which provide agenda and meeting software services and consulted with other local governments in the state in an effort to find the product that best suited the needs of Monroe County. Staff settled on Accela and executed an agreement that calls for a monthly payment of $1,920. The agreement may be terminated for convenience with 30 days' notice. The contact is for software for three (3) modules: a) agendas & minutes; b) civic streaming; and c) digital board room. System configuration, implementation, and training are included in the monthly charge. When fully operational, the entire agenda process will be handled electronically with agenda items uploaded, reviewed and approved by staff (with built-in tracking), and automatically uploaded to the agenda. The agenda will be generated electronically with links to all supporting materials and integrated with the webcast of the meeting. The system can be configured to allow for speakers to sign up electronically at a kiosk in the back of the meeting room (eliminating the need for blue cards), to take and record votes electronically, and to generate minutes instantaneously automatically assigning resolution and ordinance numbers. After a meeting, anyone interested in an item will be able to view the item, the supporting documentation, the outcome, and the video of the discussion all from one page. Automation will preserve the documentation of our entire BOCC meeting agenda process in one location and the data in the system can also be used to generate various reports as needed. The package can be configured to include agendas for other boards and committees as well. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $1,920 per month INDIRECT COST: n/a BUDGETED: Yes x No _ DIFFERENTIAL OF LOCAL PEFERENCE: n/a COST TO COUNTY: $1,920/mo. SOURCE OF FUNDS: ad valorem REVENUE PRODUCING: Yes il� x AMOUNT PER MONTH YearAPPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Accela Government Meeting Management Software Monroe County, FL Submitted By: Kevin Strauss Business Development Executive Accela 100 Comac Street Ronkonkoma, NY 11779 (631) 389-3691 6/25/2015 Accela Accela - Legislative Management - Terms, Conditions and Pricing for Monroe County, FL 1. IMPORTANT NOTICE TO USER: Accela, Inc. ("Accela") owns all Intellectual property in the software products Agendas & Minutes, Civic Streaming, Digital Boardroom, Boards & Commissions and Civic Voice (collectively "Software"). Customer shall not modify, adapt, translate, rent, lease or otherwise attempt to discover the Software source code. This Agreement will be governed by the laws in force in the State of Florida. 2. Software License. The Software subscription services and the accompanying files, software updates, lists and documentation are licensed, not sold, to you. You may install and Use a copy of the Software on your compatible computer for the purpose of connecting to the hosted service provided by Accela as long as you are a current subscriber and maintain your monthly or annual continued services for the applicable licenses. Except as expressly set forth herein, Accela disclaims any and all express and Implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. 3.1 Updates and Renewals. If the Software is an Update to a previous version of the Software, you must possess a valid license to the previous version in order to use the Update. Corrections of substantial defects In the Software so that the Software will operate as purported will be rectified by Accela. Customer agrees to Install all updates, Including any enhancements, for the Software In accordance with the instructions provided by Accela. 3.2 Hosting. Accela agrees to maintain Customer data In a Tler-2 datacenter and is committed to providing 99.9% uptime and availability. Accela will perform nightly backups of your hosted data to an alternate physical location. 3.3 Ownership of Data. All hosted data belongs to the Customer. At the request of the customer Accela will provide a backup of all database information and files through a downloadable backup or DVD. Accela agrees to provide this service without charge at least once per year. 4. Payment Terms & Pees 4.1 Term and Termination. Subscription terms are twelve (12) calendar months in duration. The Initial Term of this Agreement Is effective as of the date of the Customer's signature ("Effective Date") and will continue for 12 months. At the end of the initial 12 month term, Customer's subscription will renew for an additional term unless terminated as provided herein. Accela reserves the right to increase the annual fees by 5% on the anniversary date of each annual renewal term. This agreement can be terminated at any time with 30 days prior written notice. 4.2 Payment Terms. Subscription Services of $1,920 per month billing will commence on 9/1/2015. Each subsequent payment will occur on the 1" of each month. Payment Terms are NET 30 Days from the invoice date. 4.3 On -Site Support and Expenses. Should on -site support requiring travel by Accela staff be requested by Customer, Accela will provide on -site assistance at Accela's then -current time -and -materials rates. In addition to these charges, Customer will compensate Accela for associated airfare, lodging, rental transportation, meals, and other incidental expenses as such expenses accrue and will be billed at cost and invoiced separately. 4.4 Hardware. Hardware, if any, is provided at no additional cost. Accela does not warrant any hardware. Should Accela furnish encoder hardware as part of the Civic Streaming (fka MediaTraq) video streaming service, hardware warranty is through manufacturer repair or replacement only. Any hardware Issues requiring new equipment not covered by the warranty will be billed to the client at cost. Any upgrades, additional encoders, etc. will be billed to client. Any hardware furnished to client as part of Accela's services is to be returned to Accela upon termination of associated services. 5. Limitation of Liability. Accela will, at all times during the Agreement, maintain appropriate Insurance coverage. To the extent not offset by its insurance coverage and to the maximum extent permitted by applicable laws, in no event will Accela's cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to Accela by Customer during the twelve (12) calendar months Immediately preceding the circumstances which give rise to such claims) of liability, even if Accela or its agents have been advised of the possibility of such damages. Accela f— Optional Electronic Payment: Services can be electronically paid through credit card. By submitting your credit card lnfbrmation here you agree to allow Accela to charge your monthly SaaS fee In accordance with our regular payment terms. I Ypr, CaW Y 1101ing Addr,?�s (Strept, Ciry, State, Zkol 7. Pricing Structure: , xPi rvq sccul I? V Code Agendas & Minutes - Unlimited $960 / mo Civic Streaming - Unlimited Digital Boardroom - Unlimited Cystem Confiqur-ation, ImL)Iementation & Traininis n0flum 9# • I Multiple Module Discount* -$480 / mo Total — Monthly SaaS mo *The 20% discount will be applied to the monthly total, If the agreement Is signed and sent back to Accela before 6/30/2015 Monroe County, Fl. Signature Sheryl Graham, Director Printed Name, Title Social Services for: ROMAN GASTESI, County Administrator 2113: B1111ngContagt: Katherine Peters, CP Signature Daryl Blowes, GM / SVP Printed Name, Title Date: 6/25/2015 BillingAddren: County Attorney's Office, 1111 12th Street, Suite #408, Key West, FL 33040 County of Monroe �Me Moji& Keys Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292-4441 —Phone (305) 292-4544 - Fax • ' 9WOMT1W•n M-A From: Roman Gastesi, County Administrator Date: June 22, 2015 BOARD OF COUNTY COMMISSIONERS Mayor Danny L. Kolhage, District I Mayor Pro Tern Heather Carruthers, District 3 George Neugent, District 2 David Rice, District 4 Sylvia I Murphy, District 5 I will be out of the office Monday, June 22, 2015 through Friday, June 26, 2015 on Vacation. During my absence, Sheryl Graham, Director of Social Services, shall have full authority to act on my behalf. Roman Gastesi Cc: County Commissioners and Aides County Attorney Division Directors Payroll Finance