028-22 - Camino - Contractcamino November 2021
Contract No. 028-22
IH D
Proposal for City of Port Orchard, WA
Permit Guide/Application Portal
Summary of Solution
Camino is a web -based solution that improves the customer experience for permit and licensing processes. Camino
software is provided through a SaaS (software as a service) model, meaning that all functionality is accessed
through the internet on a subscription basis. For this proposal Camino is excited to offer the solutions outlined
below.
Camino Guide Summary:
The Camino Guide is an informational resource that serves as a virtual 'pre -meeting' for anybody thinking about
starting a building project. After first answering a series of questions, applicants will automatically receive a
customized guide containing their timeline, fees, and process for successful project completion. The Guide will also
integrate with existing GIs systems to let the applicant know whether their project is allowed in the selected zone.
By making every applicant an expert, the Camino Guide reduces errors, frees up valuable staff resources, and flags
any potential issues at the outset to ensure a faster process.
Features:
An online portal where residents can create an account and view current and historical projects.
• An intelligent Guide that will ask applications a series of questions about their building project and informs
them where it is allowed and whether a permit or license is required.
If a permit or license is required, the Guide will generate a customized checklist of steps for the applicant to
follow, complete with detailed instructions.
The Guide will automatically check for zoning compliance and any other geographic factors.
• The agency will be able to track all Guides that are created.
• The agency will be able to configure and manage the Guide through an entirely self-service administrative
panel.
Enhancements for Application Intake:
This solution adds functionality to the Camino Guide allowing it to accept digital applications, documents and fees.
All features integrate seamlessly with the Camino Guide, taking the applicant from the research phase all the way
through starting their project.
• Applicants will be able to upload files directly to a required step in the Camino Guide.
• Applicants will be able to fill out digital forms when required by a given step. The values collected from
these forms can be exported for each Submission.
• Fees can be calculated and paid directly through the application. A processing fee of 3% is applied to all
credit card transactions.
• Review staff will be able to send an application back for changes, or mark applications as approved,
rejected, or closed.
• Applicants and review staff will be able to communicate directly through Camino with our integrated
messaging feature.
Implementation and Support Package (select one of the two
options below)
[] Self -Service Implementation
For this project the customer will be configuring their own Camino implementation with guidance from the Camino
team. Camino's software is designed to put the customer in control and agency staff will have full access to all
system configuration options including:
• Project Type Editor
• Guide Step Editor
• Rule Builder
GIS Rule Configuration
• Rich Text and Content Editing
The self-service implementation includes:
• 5 hours of training for agency staff.
1 hour per week of email, zoom or phone support for the first three months of the agreement.
• 1 hour per month of support after the first three months.
• Camino assistance with GIS layer import.
Access to Camino knowledge base.
[X] Camino -led Implementation
For this project Camino will be leading and performing system configuration work during the implementation. A
Camino Implementation Manager will suggest the best service package based on the project scope (for details see
Appendix B — Pricing). The service package will include:
• Everything covered under the Self -Service option above.
• A fixed number of hours that can be used in year one for system configuration, staff training and process
mapping.
• Additional hours in future years to add system functionality, make changes to the existing configuration and
train new staff.
At the start of the implementation Camino will create a project plan with milestones. If the number of service hours
exceeds the selected package the customer can upgrade their package or purchase additional hours.
Customer Service
Service Level Agreement
Camino offers a web -based platform that is accessible from all major desktop web browsers. Camino currently
works on browser versions that are still supported by their parent company. As of the date of this proposal, the list
of supported browsers (on Windows, OSX, or Linux) is:
• Chrome
Firefox
• Internet Explorer / Edge
• Safari
Camino guarantees 24/7 access with 99.9% uptime. Camino will occasionally bring the service down for scheduled
maintenance and updates, but never during the hours of 8am-6pm, M — F.
In the event that Camino ceases operations during the term of this agreement, Camino will (upon request) provide
the customer with a full export of all customer data within 30 days of the request.
Technical Support Services
Camino will assign an Account Manager to assist with onboarding, training, and ongoing support. This
representative will be the customer primary point of contact for all requests and issues.
In order to initiate a technical support ticket, the customer must email support@camino.ai, or their designated
Account Manager or Implementation Manager. Requests made through other channels are not subject to this SLA.
Camino uses the following incident response levels:
Level 1: Mission critical error that prevents users from accessing or using the system.
Level 2: A critical feature is broken.
• Level 3: All other bugs or errors.
When an issue is reported, Camino will respond within 4 hours during the hours of 8am-9pm PST, M-F. The
response will include a support ticket and estimated time to fix. Camino targets the following fix times:
Level 1 incident: 24 hours.
• Level 2 incident: 48 hours.
• Level 3 incident: 5 days.
Training
Camino will provide one kick-off meeting at the beginning of the implementation and up to five hours of staff
training. The customer can include whichever staff they choose in this training session.
Camino will run a monthly, two-hour virtual training webinar that all customers can access for free. Training content
will be determined by the needs of the participants.
DocuSign Envelope ID: 4EC34E7D-58F8-4EEA-9A76-A45629B50A5E
CAMINO INC. SOFTWARE SERVICES AGREEMENT
OrF-anixation Contact
Billinp- Contact (if Different)
Customer Name:
'
City of Port Orchard
City of Port Orchard
Contact Name:
'
Nick Bond
Patti Saltsgaver
Address:
216 Prospect Street
216 Prospect Street
Port Orchard, WA 98366
Port Orchard, WA 98366
Telephone:
360.874.5533
360.876.7019
Email:
planning@cityofportorchard.us
ap@cityofportorchard.us
Effective Date: t'j January 24, 2022
Scope of Agreement: As outlined in the above proposal.
Fees: Starting at the effective date, the customer will pay an annual fee as outlined in Appendix B for the services outlined in
the Summary.
Welcome to Camino! Thanks for using our software. This Software Agreement ("Agreement") is entered between Camino, Inc.,
with its principal place of business at 2261 Market Street #4302 San Francisco, CA 94114 ("Camino"), and you, the entity
identified above ("Customer"}, as of the Effective Date. This Agreement includes and incorporates the Camino Terms and
Conditions attached as Appendix A. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be
legally bound by, the Camino Terms and Conditions.
Customer
Signature:
Printed Name: Robert Putaansuu
Title:
Date:
Mayor
1/12/2022
1 Doc"Slgoad by:
IV4 (,t )Ailn t,
OR6E337G29D24E4,,.
Nate Levine
CSO
1/13/2022
Appendix A
Camino Terms and Conditions
1. SOFTWARE SERVICES
1.1 Subject to the terms and conditions of these Camino Terms and Conditions (the "Agreement"), Camino will use
commercially reasonable efforts to perform the software services (the "Software Services") identified in the applicable
Software Agreement entered into by Camino and Customer ("Software Agreement").
1.2 Customer understands that Camino's performance depends on Customer timely providing Camino with relevant data,
feedback and configuration assistance. Any dates or time periods relevant to Camino's Performance will be extended
appropriately and equitably to reflect any delays caused by Customer's failure to timely deliver any such materials.
Camino shall not be liable for any delays in performance under this Agreement resulting from Customer's failure to meet
these obligations.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 This is a contract for access to the Software Services and Customer agrees not to, directly or indirectly: reverse
engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except
to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the
Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, or encumber
rights to the Software Services; or remove any proprietary notices.
2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but
not limited to, any export restrictions).
2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect to,
access or otherwise use the Software Services and Customer shall also be responsible for (a) ensuring that such
equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts,
passwords and files, and (c) for all uses of Customer user accounts with or without Customer's knowledge or consent.
3. OWNERSHIP. Camino retains all right, title, and interest in the Software Services and all intellectual property rights
(including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights,
copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and
any other proprietary rights in intellectual property of every kind and nature) therein.
3.1 Camino warrants that Camino is the owner of the Software Services and has the right to license it to third parties.
Camino will defend, at its expense, any action brought against Customer based on a claim that the Software Services
infringe upon a United States or Canadian patent, copyright, trade secret, or other proprietary right of a third party.
Camino agrees to indemnify Customer and hold Customer harmless against damages and costs, including attorney's fees,
finally awarded against Customer in such actions.
4. CONFIDENTIALITY. Each party (the "Receiving Party") agrees not to disclose (except as permitted herein) any
Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent.
"Confidential Information" means all confidential business, technical, and financial information of the disclosing party
that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential
given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the
applicable Software Agreement). Camino's Confidential Information includes, without limitation, the software underlying
the Software Services and all documentation relating to the Software Services. "Confidential Information" does not
include "Public Data," which is data that the Customer has previously released or would be required to release according
to applicable federal, state, or local public records laws. The Receiving Party agrees: (i) to use and disclose the
Confidential Information only in connection with this Agreement; and (ii) to protect such Confidential Information using
the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no
event with less than reasonable care. Notwithstanding the foregoing, Confidential Information does not include
information that: (i) has become publicly known through no breach by the receiving party; (ii) was rightfully received by
the receiving party from a third party without restriction on use or disclosure; or (iii) is independently developed by the
Receiving Party without access to such Confidential Information. Notwithstanding the above, the Receiving Party may
disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such
required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party.
5. PAYMENT OF FEES. The fees for the Software Services ("Fees") are set forth in the applicable Software Agreement.
Customer shall pay all Fees within thirty (30) days after the date of Camino's invoice (which Camino typically sends 45
days after the Effective Date).
6. TERM & TERMINATION
6.1 Subject to compliance with all terms and conditions, the first term of this Agreement shall be from the Effective Date
and shall continue for a period of thirty-six (36) months. At the termination of the initial term, the Customer will have the
option to renew this agreement for subsequent twelve (12) month terms. The customer will be billed on an annual basis
for each twelve (12) month term, and either party may terminate this Agreement at the end of the applicable term,
without penalty, with thirty (30) days prior written notice. If either party materially breaches any term of this Agreement
and fails to cure such breach within thirty (30) days after notice by the non -breaching party (ten (10) days in the case of
non-payment), the non -breaching party may terminate this Agreement immediately upon notice. Customer reserves the
right to cancel and terminate this agreement, without cause, upon thirty (30) days written notice to Camino.
6.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the effective date
of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder shall
immediately terminate; and (b) each party shall return to the other party or, at the other party's option, destroy all
Confidential Information of the other party in its possession.
6.3 All sections of this Agreement which by their nature should survive termination will survive termination, including,
without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of
liability.
7. WARRANTY AND DISCLAIMER
7.1 Camino represents and warrants that: (i) it has all right and authority necessary to enter into and perform this
Agreement; and (ii) the Software Services shall be performed in a professional and workmanlike manner in accordance
with generally prevailing industry standards.
7.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this
Agreement; (ii) it owns all right, title, and interest in and to all data provided to Camino for use in and in connection with
this Agreement, or possesses the necessary authorization thereto; and (iii) Camino's use of such materials in connection
with the Software Services" will not violate the rights of any third party.
7.3 CAMINO DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT
AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND CAMINO DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT.
8. LIMITATION OF LIABILITY. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9. MISCELLANEOUS. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set forth
in the applicable Software Agreement. Neither party shall be held responsible or liable for any losses arising out of any
delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act
of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities,
or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from
performing. With the Customer's approval, Camino shall have the right to use and display Customer's logos and trade
names for marketing and promotional purposes in connection with Camino's website and marketing materials, subject to
Customer's trademark usage guidelines (as provided to Camino). If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable or
transferable by either party without the other party's prior written consent, provided however that either party may
assign this Agreement to a successor to all or substantially all of its business or assets. This Agreement (including the
Software Agreement) is the complete and exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to
the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any
authority of any kind to bind the other party in any respect. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement
will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by
recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
This Agreement shall be governed by the laws of California without regard to its conflict of laws provisions. Jurisdiction of
any litigation arising from the Agreement will be in San Mateo County.
10. INSURANCE. Camino shall maintain for the duration of this Agreement the following insurance:
10.1 Commercial General Liability including coverage for premises, products -and completed operations, independent
contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least
$1,000,000 per occurrence.
10.2 Automobile Liability, including owned, non -owned and hired vehicles, with at least the following limits of liability:
(1) Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and (2) Primary Property
Damage of at least $250,000 per occurrence; or (3) Combined single limits of $1,000,000 per occurrence.
10.3 Workers Compensation on a state -approved policy form providing statutory benefits as required by law with
employer's liability limits no less than $1,000,000 per accident or disease.
Appendix B
Fees
Item
Includes
Cost
Building Guide/Application Portal
• Unlimited external users
$20,000 / year
• Includes unlimited building
project types
25% yearly discount with 3-year
• Features outlined in
contract term
proposal
• Adds digital form and data
Total: $15,000 / year
collection functionality
• Adds document upload
• Adds fee processing
Camino Led Implementation
• Features outlined in
$10,009 / one time fee
proposal
Waived with 3-year contract term