HomeMy WebLinkAboutC-5399 - PSA with PowerPlan Corporation for CityVision SoftwarePROFESSIONAL SERVICES AGREEMENT
WITH POWERPLAN CORPORATION FOR
CITYVISION SOFTWARE
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this � day of March, 2013 ( "Effective Date ") by and between
the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and
POWERPLAN CORPORATION, a California corporation ( "Consultant "), whose address
is 2130 Main Street, Suite 245, Huntington Beach, CA 92648 and is made with
€ reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide CityVision software licensing,
maintenance and training ( "Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. The principal member of Consultant for purposes of Project shall be Tina
Hernandez.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1, TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 29, 2016 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ( "Services" or "Work'). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
33 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant
fees, shall not exceed Twenty -Seven Thousand Five Hundred Dollars and 001100
($27,500.00) without prior written authorization from City. No billing rate changes shall
be made during the term of this Agreement without the prior written approval of City.
4.2 Payment Schedule:
Due upon award of Contract: $ 3,250
Due upon completion of system
administrator training: $ 3,250
Due March 1, 2014: $10,500
Due March 1, 2015: $10,500
4.3 Consultant shall submit invoices to City describing the Work performed.
Consultant's bills shall include the name of the person who performed the Work, a brief
description of the Services performed and /or the specific task in the Scope of Services
to which it relates, the date the Services were performed, the number of hours spent on
all Work billed on an hourly basis, and a description of any reimbursable expenditures.
POWERPLAN CORPORATION Page 2
City shall pay Consultant no later than thirty (30) days after approval of the invoice by
City staff.
4.4 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City, As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Tina Hernandez to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City.
6. ADMINISTRATION
This Agreement will be administered by the Finance Department. Steve
Montano, Deputy Finance Director or his designee, shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant In the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
POWERPLAN CORPORATION Page 3
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8A Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties') from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
i� IZDMN
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
POWERPLAN CORPORATION Page 5
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint - venture or syndicate or cotenancy, which shall result in changing the
control of Consultant. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17,2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
POWERPLAN CORPORATION Page
All written documents shall be transmitted to City In formats compatible with
Microsoft Office and /or viewable with Adobe Acrobat.
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Consultant's Documents provided under this
Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
POWERPLAN CORPORATION Page 7
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26, NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Steve Montano, deputy Finance Director
Finance Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 -644 -3240
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Tina Hernandez
POWERPLAN CORPORATION
2130 Main Street, Suite 245
Huntington Beach, CA 92648
Phone: 714 - 969 -5353 x 217
POWERPLAN CORPORATION Page 8
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 at seq.).
28. TERMINATION
28.1 in the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
POWERPLAN CORPORATION Page 9
29.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.7 Severability, If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.10 No Attorney's Fees, In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
29.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
'• •• CORPORATION Page
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3
go
Hararp
City Attorney
ATTEST: ��aa
Date: ��, ad-- )J
By: iW ,- 6AV1_
Leilani I. Brown
City Clerk POST
X
'9%7 FQR�
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: -3 -16-t-3
By:
Dan Matusi icz
Finance Director
CONSULTANT: POWERPLAN
CORPORATION, a California corporation
Date: H q-k� (2 Z__0 13
By)) K —
Pramod Desphande
CEO
Date: M nub
By:`
Don Reiner
Vice President of Sales
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
POWERPLAN CORPORATION Page 11
EXHIBIT A
SCOPE OF SERVICES
POWERPLAN CORPORATION Page A -1
POWERP4AS
Transforming Vision into Reality
CityVision Scope of Work
The following project scope will be conducted both remotely and onsite over four consecutive weeks. The
assigned CityVision implementation team will be available over the four consecutive weeks and requires that
the City of Newport Beach make the same project resource commitment. The proposed agreement includes
five days of joint working sessions at the City of Newport Beach to perform the initial CityVision
implementation and to conduct System Administrator training (train- the - trainer).
Highlighted below is the proposed CityVision Scope of Work for the City of Newport Beach:
CityVision Project Preparation
Objectives
Data Collection
+ Preliminary Model Configuration
Process Analysis Meeting and Follow -Up
CityVision Basic Configuration
• Fiscal Year Set Up
• Number of Years (Historical Data and Future Projections)
Scenarios /Versioning
User Security and Workflow
Accounting Unit Structure
Entities (imported via text file from SunGard Pentamation)
Hierarchy (e.g., Fund Structure; Department Structure)
• Properties (other groupings if applicable)
Account Structure
• Chart of Accounts (imported via text file from SunGard Pentamation)
• Account Properties
• Account Formulas
• Conceptual Overview of Drivers /Ratios
• Conceptual Overview of Allocations
Payroll Configuration
• Payroll Calculations
• Create Pay Periods
• Create or Import Position (Job) List
• Create or Import Salary Ranges /Pay Step Tables
• Create or Import Employee Classes
• Define Class Templates
• Map Payroll Calculations to CityVision Accounts
Import Position /Employee Data
• Import Position /Employee Allocations
+ Grant User Access
• Payroll Verification
• Review Inherent Payroll Reports
• Configure User Defined Payroll Reports (up to 2, if applicable)
Decision Packages /CIP Configuration
• Define Parameters (e.g., Request Types, Request Reasons, Request Statuses, etc.)
• Define and Configure Workflow
Review Inherent Decision Package /CIP Reports
• Create Pay Periods
Presentation Layer
• Budget Templates
• Data Views /Reports (approx. 3 —5 key reports)
Data Load
Historical /Actual Data (up to 5 years - Trial Balance imported via text file from SunGard Pentamation)
Transaction Details (optionan
Budget Data
Analysis
• Conceptual Overview of Key Performance Indicators /Dashboard
• KPI Configuration (1 Department - up to 6 Key Measurements)
Documentation
• System Administrator's Guide (Standard document)
• User Guide (Draft document prepared for the City of Newport Beach)
System and Process Quality Assurance
• Setup Verification (Entities, Accounts, Payroll, CIP, etc.)
• Computations and Data Consolidation Verification
• Process Review
Highlighted below is the proposed Scope of Work for the Conversion of the CityVision System to support
the new integrated finance and payroll solution within the next 24 to 36 months:
The CITY anticipates that additional billable consulting days will be required when the CITY implements a new
integrated finance and payroll solution within the next 24 to 36 months. The conversion of CityVision
interfaces typically involve the activities outlined below.
General CityVision Setup:
• Mapping of old to new COA— requires conversion of Entities (Accounting Units)
• Mapping of old to new COA-- requires conversion of Accounts (Object Codes)
• Data — requires conversion of all existing data including history, current and future data
• Budget Templates — requires conversion of all existing budget templates based on new COA
structure
• Reports — requires conversion of all existing general reports based on new COA structure
• User Security— requires conversion of existing user access rights
Payroll /Staffing Setup:
• Personnel records — requires conversion of Home and /or Allocated Entities (Accounting Units)
• Account Association — requires mapping of existing payroll calculations to new Accounts (Object
Codes)
• Reports — requires conversion of all existing payroll reports based on new COA structure
Decision Packages /CIP Setup:
• Cost Categories — requires mapping of existing groupings to new Accounts (Object Codes)
• Requests (any status) — requires conversion of existing DP's based on new COA structure
• Reports — requires conversion of all existing DP reports based on new COA structure
• Addition of new fields being utilized in new GL (e.g., Projects, Account Categories, etc.)
(if so, additional efforts will be necessary to accommodate the changes into the CityVision model)
PowerPian estimates that the conversion effort, as identified above, will result in approximately 5 billable
consulting work days and PowerPian hereby commits to not exceeding 10 billable consulting work days for
these efforts. Any new or additional CityVision reports, templates, etc., that were not included in the
original installation of CityVision but necessitated or desired subsequent to the installation of the new
integrated finance system will be considered out of scope and may require additional consulting days. CITY
may pre - purchase a 5 or 10 Day Refresher Service Package during the initial CityVision Implementation for
$6,500 or $12,000, respectively, and utilize those consulting days to fulfill the conversion requirements. In
the event that the CITY utilizes some of the Refresher Service consulting days prior to the conversion project,
then the CITY may purchase additional consulting days at the then standard daily rate.
CityVision Refresher Service (Qptionai)
PowerPlan Corporation offers an optional Refresher Service. This service is only available during the initial
implementation of CityVision'"' and must be prepaid upon system acceptance. CityVision'' Refresher
Services can be used at any time within 36 months post - implementation. This service can be purchased in a
S -day increment for $6,500, or a 10 -day increment for $12,000 offering significantly reduced service fees
from our current standard $1,600 /day rate.
It is no surprise that after any system implementation in any organization, the base of trained end -users and
system administrators will deteriorate over time due to employee attrition, job re-classifications,
reorganizations, etc. Once this occurs, knowledge of how the application works and how it is administered is
then passed on to the new end -users and system administrators in an informal method by their co- workers.
Over time the client will encounter a reduction in fully knowledgeable users and may experience degradation
of ongoing internal system use,
The City of Newport Beach may wish to take advantage of this optional consulting service designed to
provide assistance in the following areas:
• Training for new end -users and administrators and /or refresher training for existing users who
may be considering newly implemented functionality
• Configuration and Planning assistance for administrators in implementing new or revised
CityVision'"' functionality that may have been initially postponed
• Assistance in configuring any additional Reports, Key Measurements, Dashboard Menus, etc.
• Dedicated consulting for system administrators or end -users on any CityVision'" area
Proposed CityVision Implementation for the City of Newport Beach, CA
ID
ask Name
Duration
Start
Finish
1
Proposed CityVision Implementation for City of Newport Beach
Project Preparation
General Requirements Questionnaire
Payroll. Budgeting Questionnaire
Data File Formats
Preliminary CityVieion_Model —
Data Collection
Chart of Accounts Structure
Organization Structure
Additional Data Consolidation Requirements
General Payroll Data
Employee Data
Key Report Samples (General and Payroll)
Model Configuration
General Profile
Accounting Unit Structure(s)
Account Structure(s)
Scenerios/Versioning
Budget Templates
Nest Data Validation
General Reports
Payroll Periods
Payroll Events
Payroll Calculations
Positions (Jobs)
Employee Classes (Bargaining Groups)
Salary Schedules /Pay Stop Tables
Position to Class Mapping
Position to Salary Schedule/Pay Step Table Mapping
Payroll Calculation to Account (Object Cade) Mapping
EmpioyeeMooltion Data
EmployealPosition Allocations
Payroll keports
Payroll Budgeting Setup Validatl on
CIP Budget Setup
Key Pertormence Measures/Dashboard
Process Analysis
Process Analysis Meeting
Present Preliminary CityVision Model
Citl/s ProcesseslRequirementsTmelines
-
Operating Budget Preparation
Personnel Budgeting Process
Non - Personnel Budgeting Process
Capital Budget Preparation
Capital Budget Process
Budget Approval/Workilow
Data Anatysis
Reporting - - -- - -
User Security
Data Interfacing (with SunGard Pentamation)
Identify Gaps (Requirements v. Functionality)
Review Proposed SolutionslWorkarounds
identify Project Critical Success Factors
Define City's Acceptance Test Criteria
Process Analysis Follow -up
Map CityVision Functionality to City's Processes
20 days _ Mon 314113
2 days Mon 31413
2 days Mon 3/4/13
2 days Mon 314113
2 days Man 314113
5 days Wed 316113
2 days Wed 316113
2 days Wed 316/13
2 days Wed 316/13
2 days Wed 3/6/13
2 days Wed 31613
2 days Wed 3/6113
2 days Wed 3/6113
3 days Fri 318113
3 days Fri 318113,
3 days Fri 3/8113'
3 days Fri 3/813
3 days Fri 3/8/13
3 days Fri 3/8/13
3 days - Fri 3!8!13 _ _
3 days Fri 3 18113'
3 days Fri 3/8/13
3 days Fri 3/8/13
3 days Fri 3!8113
3 days Fri 318113
3 days Fri 3/8113;
3 days.
3 days Fri 3/8!13
3 days Fri 318113
3 days Fri 3/8113
3 days Fri 318113
3 days Fri 3!8/13
3 days Fri 318/13
3 days Fri 31813
3 days Fri 3/8113
3 days Fri 3/813
6 days Wed 3113/13,
2 days Wed 311313 _
2 days Wed 3/13113
- --
2 days Wed 3/13/13
- —
2 days _____ Wed 3/13/3
2 days Wed 3/13113
2 days Wed 3113/13
2 days Wed 311313
2 days Wed 3/13113
2 days Wed 3113113
2 days Wed 3113113
-- - - 2 days - N/ad 3113113
2 days Wed 3/13113
2 days Wed 3113113
2 days Wed 3/13113
2 days _ Wed 3113113,
2 days Wed 3/13/13:
2 days Wed 3113/13
4 days Fri 3/15113
4 days Fri 3/15113
Fri 3129/13
Tue 3/5113
Tue 3/5113'
Tue 3/5/13
Tue 315113
Tue 31121_3
Thu 317113
Thu 3/7/13
Thu 317113
Thu 3/7/13
Thu 317113
Thu 317/13
Thu 3A/13;
Tue 3/12113
Tue 31121130
Tue 3112/13.
Tue 3/12113
Tue 3112/13
Tue 3/12/13
Tue 3112%13
Tue 3!lWd
Tue 3112113
Tue 3112113
Tue 3/12113
Tue 3112/13'
Tue 3/12/13
Tue 3!12113
Tue 3/12/13
Tue 3/12/13
Tue 3/12113
Tue 311213
Tue 3112113
Tue 3!12%13
Tue 3/12113
Tue 3/12113,
Tue 3112113
Wed 3!2813
Thu 311413
Thu 311413
--
Thu 3114/3
Thu 3114113'.
Thu 3114113
Thu 3114/13
Thu 3/14113
Thu 3/14113
Thu 3/14/13
Thu 3114113
Thu 3114/13
Thu 3114113
Thu 3114113
Thu 3114113
Thu 3114/13
Thu 3114/13
Thu 3114113
Wed 3120113
Wed 3/20113
2
3
4
5
6
7
8
9
19
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
38
37
36
39
44
41
az
43
44
45
46
47
48
49
50
51
52
53
54
55
58
Pagel
Proposed CityVislon Implementation for the City of Newport Beach, CA
ID
Task Name
Duration
Start
Finish
57
6ii
59
Update CityVislon Model as Needed
Prepare Comprehensive Process Analysis Document
Document Noted Gaps
Outline Alternatives and Workarounds
Jointly Review (Draft) Process Analysis Document
Evaluate and Select Alternatives
City's Feedback on Process Analysis Document
Update Process Analysis Document as Needed
Jointly Review Updated CltyVision Model
Update ClWslon Model as Needed
City's Feedback on CityVislon Model
Finalize Updates to CityVislon Model as Needed
--
Process Analysis Completo
Administrator Training and System implementation
Pre-Planning for Implementation
Administrator Training and Final Model Setup
Database Setup and System Data Loa_ d
Verity Account Structure
Verify Accounting Unit StructureI(a)
Configure Key Reports
Verify Budget Templates
Load and Validate Test Data
Data Transfer Routines/UUOUes/rempiates
Load Historical Data from SunGard Pentamadon
Validate Results
Build Security
Simulate Workload
Conduct Performance Tuning
Payroll Budgeting Implementation Tasks
System Administrator Training (Budget Staff)
Define and Verify All Compensation Calculations
Verify Employee Classes
Verify Position Tables
Verity Salary Schedules/Step Tables
Review Existing Reports
Configure Additional Payroll Reports (if needed)
Set Up Security and Access Privileges
Test Data Load Programs
Load Empioyee/Position Data
Validate Salary Forecasting Model
Decision PackagelClP /Parformance Measurements
System Administrator Training (Budget Stall)
Set Up Parameters
Define and Build Required Workflow
Build Evaluation Criteria (if applicable)
Review Existing Reports
Set Up Security and Access Privileges
Validate Decision Package /CIP Model
Define and Review Business Processes
System Administrator Training (Budget Staff)
Configure Key Measurements/Dashboard
Validate Key Measurements setup
Documentation
Provide System Administration Guide
Provide End User Guide
Admin TralningiimpiementaUon/ Documentation Complete
4 days Fri 3115/13,
4 days Fri 3/15/13!
4 days. Fri 3/15/13;
4 days Fri 3115/13
4 days Fri 3115113
4 days Fri 3115113
4 days Fri 3115113
4 days Fri 3115113
4 days Fri 3115/13
4 days Fri 3115113
4 days Fri 3115113
4 days Fd 3115113
0 days Wed 3120/13
7 days Thu 3121113
2 days Thu 3121113
6 days Mon 3125113
1 day Mon 3125113
l day Mon 3/25113
1 day Mon 3/25/13
_ .......1. day Mon 3/25/13
1 day Mon 3125113
1 day Mon 3/25113
1 day Mon 3/25113
1 day Mon 3/25113
1 day Mon 3125/13
1 day Mon 3125/13,
1 day Mon 3125/13
1 day Mon 3/25113
2 days Tue 3126113,
2 days Tue 3126113
2 days Tue 3/28/13
2 days Tue 3/26113
2 days Tue 3/26113
2 days Tue 3!26113
2 days Tua 3/26/13
2 days Tue 3/26/13
2 days Tue 3126113
2 days Tue 3/26/13
2 days Tue 3/26113
2 days Tue 3!26113
1 day Thu 3128113
1 day Thu 3/28113
1 day Thu 3/28113
1 day Thu 3/26113
1 day Thu 3128113
1 day Thu 3/28113
1 day Thu 3128113
i day Thu 3128/13
1 day Thu 3126113
1 day Thu 3128113
1 day Thu 3128113
1 day Thu 3/28113
1 day Fri 3129113
1 day Fri 3129/13
1 day Fri 3129/13
0 days Fri 3/29M3
Wed 3/20/13
Wed 3120113
Wed 3120113
Wed 3120113'
Wed 3/20/13
Wed 3120113
Wed 3120/13
Wed 3120/13
Wed 3!20113
Wed 3120113
Wed 3/20/13
Wed 3120/13
Wed 3/20/13
Fri 3129/13
Fri 3122/131
Fri 3129/13
Mon 3125113;
Mon 3/25/13'
Mon 3125/13
.. Mon 3125113
Mon 3/25113
Mon 3!25113
Mon 3/25113
Mon 3125113
Mon 3125/13
Mon 3125113
Mon 3115113-
Mon 3/25113
Wed 3127/13,
Wed 3/27113
Wed 3127/13
Wad 3127113
Wed 3127/13
Wed 3127113
Wed 3127113
Wed 3/27113
Wed 3/27113
Wed 3/27/13
Wed 3127113
Wed 3/27113
Thu 3128113
Thu 3128/13
Thu 3128113
Thu 3128/13
Thu 3128113
Thu 3128113
Thu 3126113
Thu 3128113
Thu 3128113'
Thu 3128113
Thu 3128113
Thu 3/28/13'
Fri 3129113
Fri 3/29113
Fri 3/29113
Fri 3129113
6q
61
62
63
64
65
66
6T
68
69
70
71
72
73
74
75
76
77
78
79
80
8t
82
83
84
85
86
87
86
89
9q
91
92
93
94
95
96
97
98
89
too
101
102
103
104
105
106
107
108
109
1 iq
111
112
Page 2
Proposed CityVision implementation for the City of Newport Beach, CA
ID
Task Name
Duration
Start
Finish
113
114
Acceptance Test by City of Newport Beach
System FunctionailtylUser Navigation
Data Accuracy
Other Acceptance Wade
Cityvision System Accepted
5 days
5 days
5 days
5 days
0 days
Mon 411113
...._.......
Mon 411113
Mon 411113
Mon 411113
Fri 415113
Fri 41,5113
Fri 415113
Fri 415113'
Fri 415113'
Fn 415113
115
116
117
Page 3
EXHIBIT B
POWERPLAN CORPORATION
EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements,
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
13.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
POWERPLAN CORPORATION Page C -1
POWERPL
Ttans /onning Vision into Reafitr
PROPOSAL FOR: City of Newport Beach, CA
ATTENTION: Steve Montano
DATED: 1/30/13
LICENSING:
ChyVislon Licensing {unlimited users) — Pricing Tier based upon 501 -750 FTE's $42,009 (Waived)
(Note: 1" Year Annual Maintenance Is Included)
ADMINISTRATOR TRAINING AND INITIAL IMPLEMENTATION:
(Per Proposed Scope of Work) Joint Project Implementation Including
Five (S) Days of onsite System Administrator Training (Train- the- Tralner) $24;099 (Waived)
TOTAL COST (Year 1): $56,000 ($0)
ADDITIONAL OPTIONAL COST (Year i)
• End -User Training (2 Days) $3,200
• Refresher Services (S Days) $6,500
• Hosting Services Quote Available Upon Request
ANNUAL, MAINTENANCE:
Annual Maintenance — unlimited users (25% of $42,000 licensing fee) $10,500 (recurring)
(Note: Total Due upon start of 2nd and 3'd year)
PAYMENT TERMS:
50% of Any Additional Optional Cost due upon contract award
50% of Additional Optional Cost due upon completion of system administrator training /initial implementation
Your signature below will signify your acceptance of our agreement. We sincerely appreciate this opportunity to
serve the City of Newport Beach. Please call me at (714) 464 -5353, Ext. 270 If you have any questions. Or, you
may email a signed copy to me at DReiner(OPowerPlanCoro.com or fax your signed copy to us at (714) 969.0433.
Authorized Signature for the City of Newport Beach, CA
Authorized Signature for PowerPlan Corporation
Date
Date
PowerPton Corponason 12130 Main Street Sutte 24s i Huntington Beach, CA 426481 rel. (714) 4695353 f Fox: (724)4690333
www.Powef t ricorp.com
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain', or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies,
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self-insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at anytime.
1.5.2 City's Right to Revise Requirements, The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
POWERPLAN CORPORATION Page C-2
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self - insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
�*OWERPLAN CORPORATION Page C7-3