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HomeMy WebLinkAboutAgreements/Contracts - Development ServicesGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Development Services REQUEST SUBMITTED BY: Chris Young, Director DATE: 10/29/24 PHONE: X3019 CONTACT PERSON ATTENDING ROUNDTABLE: Jim Anderson -Cook, Deputy Director CONFIDENTIAL INFORMATION: ❑YES 8 NO DAgreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ® Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant []Support Letter ❑ Surplus Req. ❑Tax Levies []Thank You's ❑Tax Title Property ❑WSLCB Request to pay annual invoice to Granicus for software services known as SmartGov. Both Development Services and Public Works utilize this platform for their permitting and inspection programs (see memo narrative for costs, etc.) If necessary, was this document reviewed by accounting? ❑ YES 0 NO If necessary, was this document reviewed by legal? ❑ YES 0 NO DATE OF ACTION: O-I,1' 2cl DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D2: D3: 4/8/24 �9) ECE iVE OCT 17 2024 [GRANT 0011NITY GRANT COUNTY DEVELOPMENT SERVICES P.O. Box 37 - 264 WEST DIVISION AVENUE EPHRATA, WA 98823 (5091) 754-201 1 EXT 3001 TO: Board of County Commissioners FROM: Chris Young, Director Development Services THROUGH: Jim Anderson -Cook, Deputy Director TOPIC: Granicus "Contract" DATE: October 16, 2024 Development Ser,/ices is requesting that the contract review process be waived for the SmartGov Platform software subscription renewal, which is now owned by Granicus. As you are probably welt aware, Development Services, Public Works, and Health District utilize this platform to manage 100% of our permitting and inspection programs. Without it, we are literally out of business, Grant County purchased the SmartGov Platform under the leadership of Director Nelson, I am assuming that the implementation contract was part of the original, purchase of this software management system, which has been renewed annually since. I should point out that Paladin was the initial company that owned SmartGov and was Later sold to Dude Solutions. Dude Solutions later sold the software to Brightly and Brightly recently sold the software to Granicus. Although company ownership has changed several times over the past few years the platform remains as SmartGov, as well as the contract pricing. This subscription was due to be paid in June for the period of performance from July 2024 through July 2025 at a cost of $38,444.27 with subsequent proposals of $41,135.37 in fiscal 2025 and $44,014.85 for fiscal 2026. The Pubtic Works proposal is the current fee of $1, a4 , $2,106.24 for fiscal 2025 and $2,253.68 for fiscal 2026. The email chain between Granicus and Venessa of Central, Services indicates that there will be a lapse in service if the invoice isn't approved asap and this is apparently hc_1dtd up in legal for the contract review. Rebekah has concerns about some of the generic contract Language but agrees that the BOCC can waive this review as tong as they are willing to assume the risk. Based on previous experience, contract negotiations have taken severat months due to attorneys i\j1c:F--r CURRENT AND FUTURE NEEDS, SERVING TOGETHER WITH PUB LIC AND PRIVATE EN-,rIT)ES, VVIHILE F-OSTERING A RESPECTFUL AND SUCCESSFFUL. WOP K r,.—__NV!R,0NMEN1_," having to talk to attorneys, etc. and we do not have this luxury. Rebekah's primary concern (email, attached) is that Granicus could unilaterally change the agreement without notifying the county. In my opinion, the platform is the -platform and there are updates to this all the time, and this is how the companies do business. If they change something that we don't agree with we can cancel the contract with 30 days' notice. The real concern is the cost being changed without negotiations, which is not the case and is waiting to be signed which locks in the fees until July 2027. Jim will be discussing this with the Board during its Monday morning update as I will be in Long Beach at the Code Conference. Hopefully this invoice can get signed and paid as a walk on for consent. Mom From.- Vanessa L. Brown Sent-, Wednesday, October 16,2024 12-50 PM To.- Rebekah M. Kaylor; Christopher Young Cc: Tom Gaines; j'carter@cirantcountywa.com Subject: FW: Smartgov Renewal Notification for Grant County, WA Hi Rebekah, I am forwarding your concerns to Chris Young as this software is used by his departmCl3nt. Thank you, Administrative Assistant, Grant County, WA Central Services Department 35 C Street NW P.O. Box 37 Ephrata, WA 98823 vlbrownQgrantcountvwa.gov 509-754-2011 Ext 3281 From: Rebekah M. Kaylor <rmkaylor@grantcountywa.gova Sent: Wednesday, October 16, 2024 10:07 AM To: Vanessa L. Brown <vI brown @gra ntcou ntywa.gov> Cc: Joseph W. Carter <jcarter@grantcountywagov> Subject.,- RE- Smartgov Renewal Notification for Grant County, WA I have concerns about this contract. The hyperlink on page,5, takes you to a webs to with various documents that are incorporated into the agreement, Of note the Subscription and Services Agreement for US/Cananda states, "This Agreement may be updated from time to time at. Granicus'sote discretion. Notification to Client wilt be via email, or posting to the Granicus we site." In other words. Granicus could unitateratly change the agreement and then post the changes to the webs to without directly informing its customer, you. Liability and warranties are also severely limited to the point it would likely not be worth any kind of egat action i-11', Granicus breaches or we have any cause of action against Granicus retated to this contract. I did a quick google search for Granicus, and this agreement with the City of Kent came up, 0 b-ttps-.//documents..kentwa..gov/WebLin D-QcView.aspX?lLci=—ZZ40.65&db-i..d--=1-0&r.eD--o=C-itv-o-f Kent You may want to consider reaching out to Granicus to [ock in a contract that is more balanced and is not subject to Granicus's unliterat change. Regards, Central Services Department 35 C Street NW P.O. Box 37 Ephrata, WA 98823 vI brown Rg ra ntcountywa. gov 509-754-2011 Ext 3281 From: Jessica Aldred <.iessica.a Id red @gra nicus.com> Sent: Thursday, September 19,.2024 1:40 AM To: Vanessa L. Brown <vl brown 2gra ntcountVwa.gyov> Cc: Lineth Rodriguez Romero < Lineth. rod riguez@gra n icus.com>; Heidi Kriete <hkriete2grantcountywa.gov> Subject. Re: Smartgov Renewal Notification for Grant County, WA Hi Vanessa, he pricing for 2024/25 for you SmartGov services is shown on page 2 of the attached quotes. The fottowing page then displays the f uture-year pricing through 2027. Ptease Let me know if there is anything else you need and I'Ll be happy to get that over to you. If you are happy to proceed with the attached, we wilt need signed copies returning and then I can have the invoices for 2024/25 sent out to you. Kind regards, Jessica Jessica Aldred Senior Renewats Specialist Granicus 1 7_ , Roof , 7 Hoar p Lane, London, EC3R 6DP T: +44 800 048 7518a . a Id re d.@ graai c u s. c o m GR A N I CU S From: Vanessa L, Brown <vI brown 2gra ntco u ntVwa.gov> Sent: Wednesday, September 18,2024 5-47 PM To Jessica Aldred <jessica a Id red @granicus.com> Cc: Lineth Rodriguez Romero <Lineth. rod rigueznicu --.c2crra n s om>: Heidi Kriete <hkriete@grantcountvwa.gov> Subject: FW. Smartgov Renewal Notification for Grant County, WA W Senio Renewals Specialist Granicus 17"1 Floor, 7 Harp Lane, London, EC3R 6DP T.�+448000487518JE:j-e.,saica.aiij d(@granicuS.0 - -Le _0 M CPA IC1,1 S -S G'R A N I C u'I Pre -pared By: Phone: Email: Order #-, Prepared On., Expires On: Currency: Payment Terms: Current Subscription End Date: Initial Order Team, End Date: Period of Performance-, Order #*. Q-377615 Prep,ared- 10 Seep 2024 THIS IS NOT AN INVOICE Granicus Proposal for Grant ( ,-,ounty, WA Esfeban Boni'lla esfeban.bonillai granicuscom Q-377615 10 Sep 2024 30 Jun 2024 Ord eer Form Prepared for Gronf, County, WA USD Ne'll 30 (Pay mefritSfor subs(Zriptions are due at thcl?' beginning of the period of performance.) 30 Jun 2024 30 Jun 2027 01 Jlul 2024 - 30 jun 2025 P GR AN I CIJ S Order Form Grant County, WA PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Renewing Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee SG SMARTConnect Doc NAgmt Annual I Each $508.68 SG SMARTConnect Parcel Annual -1 Eachi $508.68 SmartGov - Enterprise Annual $37,426.91 SUBTOTAL, $38,444.27 Order #: Q-377615 Prepared., 10 Sep,2024 Page 2 of 6 Order Form Gran", County, WA FUTURE YEAR PRICING Period of Performance Solution(s) . --- 01 Jul 2025 - 30 Jun 2026 01 Jul 2026 - 30 Jun 2027 SG SMARTConnect Doc Mgmt $544.29 $582.39 SG SMARTConned Parcel $544.29 $582.39 SmartGov - Enterprise $40,046.79 $42,850.07 SUBTOTAL: $41,135.37 $44,014.85 Order # " Q-3776 15 Prepared, 10 Sep 2024 P,,:ige 3 of 6 A N I """ U S Order Form Grant County, WA Solution Description SG SMARTConnect Doc Mgmt SG SMART Connect Do(: Mgmt SG SMARTc-,onnec", Parcel SG SMARTConmeat Parcel SmartGov - Enterprise Annuall subscription to SrnartGov software for: Permitting Li Lensing: and Code ode Enforcement. Subscription includes the Public Portal, Order fl"- Q-377615 PreparIg_:.hd- 10 Sep 2024 Page 4 GR A N I C IJ S 11� ill'' k Order Forrri Grant County, WA i I r This quote, and aH products and seeicesde'livered hereunder are gove-rne-d by 4' 1T' e 11 MS I o c- a f d a t httos:/Zgranicus.,-_om/ lea al/lice. nsing, including any product -specific terms included therein Pr`ie "License Aareement"), If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License r-",\greemenf are incorporated info such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the �F Z' 1 separate agreement or contract vehicle to the extent applicable, If submitting a Purchase Order, please include the following language; The pricing, terms and conditions of quote Q­3770115 da te d -10 Sep 2024 are incorporated into H its Purchase Ord e-'r by reference and shall take precedt-1-.-mc-le over, any terms and conditions included in this Purchase Or -der. This quote is exclusive of applicable state, local, and federal taxes, which, if any, wAl be included in the invoice, It - is the re-Isponsiblility of Grant County, WA to provide applicable exemption certificate Any lapse in payment may result in suspension of service and will require tl-,je payment of a setup Nee to reiI nstate the subscription, Ordeir I-i'"V Q-377615 Prepared_ 10 Slcxp 2-102-4- Page 5 of 6 G A— ICIUS BILLING INFORMATION Billing Billing Email: Purchase Order 2 Required^ - If F0 re Q uIred Billing Phone. - Order Form Grant County, WA If submitting a Purchase Orden please include the following language: The pricing, terms, and conditions of quote 0-3176 15 datE, d 10 Sep 2024 ore incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Ordel,r'. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. -Grant County, W Signature: Name: Title. D e Orde-ae,r iff' Q-377615 P r i e4 d10 S P 2' 0 2 4 G -RAN I C US THIS IS NOT AN INVOICE Order: Form Prepared for Grant County WA Public Works Granicus Proposal for Grant County WA Public Works ORDER DETAILS, Prepared By'. Esteban Bonilla Phone'. E rn ai I : e�-)teban.bonilla,cC�grani cus.com order #,. Q-377625 Prepared On'. 10 Sep 2024 Exp1ries On: 30 Jun 2024 ORDER TERMS Currency.- USD Payment Terms: Net 30 (Payments fog.subskcriptions an.Elk due at the beginning of the period' of performance,) Current Subscriiption End Date: 30 Jun 2024 Inilfiall Order Term End Date: 30 Jun 2027 Period of Performance-. 01 Jul 2024 - 30 ..dun 2025 It is the responsibility of the reseller or: distributor to pprovilde t n e End I ,_ A 9 User with the Grani(-(js Of -der Form and any attakched terms and conditions. Any pr116ing contai*ned herein is the amount due to Grams and must be removed prior to submilssion to the End User., This quote is exclusive of applicable state-1,, local, and federall taxes., which, if any, will be included in the invoice. Or def- #.* Q-377625 Pre p,ared , 10 Sep 2024 page I of,6 G GR AN I C-U S FUTURE YEAR PRICING Order Form Grant County WA Public Works SmartGov Connector Contractor $1,170.02 $1..251.93 Smart Gov connector Merchant Preferred $936.22 $1,1001.75 AU, ko. ;V 106"24 mo A�-- 14 Vni iur•, Vio is Order #: Q-377625 Prepared: 10 Sep 2024 Page 3 of 6 G G"RANICUS PRODUCT DESCRIPTIONS Order Form Grant County WA Public Works SmartGov Connector Contractor Connector links to state database to verify licenses and Contractor update contractor license information automatically. Alternatively, SmartGov Contractor Connector provides a onetime CSV upload that may include data out of scope of the standard contact -contractor upload. Order #: Q-377625 Prepared: 10 Sep 2024 Page 4 of 6 GOP AN I CUS Order Form Grant County WA Public Works TERMS & CONDITIONS 0 This quote, and all products and services delivered hereunder are governed by the terms located at is https://qranicus.com/le-gal/­­licen,sin-q, including any product -specific terms included therein (the "License Agreement"). If your organization and Granicus has entered into a separate agreement or is utilizing a contract .vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. If submitting a Purchase Order, please include the following language: The pricihg, terms and conditions of quote Q-377625 dated 10 Sep 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Grant County WA Public Works to provide applicable exemption certificate(s). Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. The attached End User Licensing Agreement. must be signed and returned with all necessary order documents. Order #: Q-377625 Prepared: 10 Sep 2024 Page 5 of 6 G GR A N I CU S BILLING INFORMATION Order Form Grant County WA Public Works Billing Contact: _T­Purchase Order No Required? Yes Billing Address: PO Number: If PO rewired Billing Email: Billing Phone: L If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-377625 dated 10 Sep 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Order #: Q-377625 Prepared.- 10 Sep 2024 Page 6 of 6 G GRAN I C-U S Order Form Grant County WA Public Works PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. 14 12 NO` m 9 a IT-11 f x -,5 -01 .104 "y ve SmartGov Connector Contractor Annual I Each $1,,093.48 SmartGov Connector Merchant Preferred Annual I Each $874.97 S -BT0f V Order #: Q-377625 Prepared., 10 Sep 2024 Page 2 of 6