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HomeMy WebLinkAboutC-8041-1 - PSA for Enterprise Land Management, Planning & Permitting System ServicesCCO J PROFESSIONAL SERVICES AGREEMENT WITH NEXLEVEL INFORMATION TECHNOLOGY, INC. FOR V ENTERPRISE LAND MANAGEMENT, PLANNING & PERMITTING SYSTEM SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 11th day of May, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and NEXLEVEL INFORMATION TECHNOLOGY, INC., a California corporation ("Consultant'), whose address is 6829 Fair Oaks Boulevard, Suite 100, Carmichael, California 95608, 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 enterprise land management, planning and permitting system services (`Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. 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 April 30, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 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"). 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. 3.2 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) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by 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 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 Fifty Nine Thousand Four Hundred Dollars and 00/100 ($59,400.00), 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 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. 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. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 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. 4.4 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 NexLevel information Technology, Inc. Page 2 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 Patrick J. Griffin 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 City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. City's Systems & Administration Manager.or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator 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. 8. STANDARD OF CARE 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 community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not NexLevel Information Technology, Inc. Page 3 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 legally recognized professional standards. 8.2 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. 8.3 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, volunteers 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, attorneys' 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, reckless, 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 attorneys' 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 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 NexLevel Information Technology, Inc. Page 4 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 Consultant 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. 13. PROGRESS • Consultant is responsible for keeping the Project Administrator 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. 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 co -tenancy, which shall result in changing NexLevel Information Technology, Inc. Page 5 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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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, including but not limited to, websites, blogs, social media accounts and applications (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. Additionally, all material posted in cyberspace 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, including all logins and password information 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. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. NexLevel Information Technology, Inc. Page 6 18. CONFIDENTIALITY 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. 19. INTELLECTUAL PROPERTY INDEMNITY 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. 20. 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. 21. 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 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. 22. 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 borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. NexLevel Information Technology, Inc. Page 7 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 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. 24.2 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. 25. NOTICES 25.1 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. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Dan Campagnolo, Systems & Administration Manager Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Patrick J. Griffin NexLevel Information Technology, Inc. 6829 Fair Oaks Blvd., Ste. 100 Carmichael, California 95608 NexLevel Information Technology, Inc. Page 8 26. 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. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 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. 27.2 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. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 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. NexLevel Information Technology, Inc. Page 9 28.3 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. 28.4 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. 28.5 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. 28.6 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. 28.7 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. 28.8 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. 28.9 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. 28.10 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 race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 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] NexLevel Information Technology, Inc. Page 10 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: / By: ` Aaron C. Harp 5�9 City Attorney ATTEST: L �� Date: 4 By: am�� NMI— Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: -1--/7-/& By: Kimberly Brandt, AICP Community Development Director CONSULTANT: NexLevel Information Technology, Inc --a California corporation Date: - C/ ��k'� By: ek Frank Otto President/CEO/Director Date:— By- Terry ate: By:Terry Hackelman Secretary/CFO/Director [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements NexLevel Information Technology, Inc. Page 11 EXHIBIT SCOPE OF SERVICES NexLevel Information Technology, Inc. Page A-1 Land Management, Planning & Permitting System Phase 1 — Assessment and Requirements Development NexLevel will perform a thorough assessment of the current environment capabilities, functions, and interfaces. All current features and functions will be documented, listed, and evaluated to determine if they are still required. The assessment of the current land management system and processes will include a high level description for each function. The current environment assessment will help us determine the system features and functions that must be replaced. The capabilities of the current system that are still required provide a starting point for requirements and specifications of the replacement system. Complete documentation of current environment and systems will also facilitate planning for an automated conversion of data to the replacement system. Once the current environment is fully understood and documented, it is important to identify opportunities for improving processes, eliminating unnecessary procedures, increased information sharing, and automating workflow. As part of this phase, NexLevel will review readily available information and document any features not included in the current system that should be considered for a future system. This is the time for NexLevel to analyze existing processes to identify opportunities for improving the integration of data, avoiding potential redundancies, minimizing time-consuming steps, minimizing the potential for introduction of errors, and to generally improve the overall effectiveness of operations. This process should focus on functional visions, objectives, and goals, rather than a specific technology or system. The following list contains considerations that need to be evaluated when procuring an enterprise system to ensure that in the future state, work is performed more efficiently and effectively: ♦ Maximizing resources by providing staff timely and easy access to information ♦ Doing work once and on time ♦ Collecting and recording each piece of information only once Sharing information online to allow for immediate and concurrent delivery of multiple services ♦ Eliminating the need for paper and forms -based work queues ♦ Integrating policy into the automated processes and procedures ♦ Simplifying processes to eliminate the need for task compartmentalization, excessive specialization, and multiple hand-offs ♦ Completing services in an integrated manner to the extent possible ♦ Taking maximum advantage of enabling technologies including mobility technology ♦ Using the system to perform and control routine work actions ♦ Applying common sense in matching processes, approaches, and technology In Table 1— Phase 1 Activities and Deliverables, we identify the activities and deliverables to be completed as part of this phase. Table 1- Phase 1 Activities and Deliverables Project Approach: Phawsand Tasks I Deliverables 1.1- D.urnenh Request 1.2 -Initial DowmeMation of Ezhd r% Sys tems ✓ Recommendation Regardog Bert Practices O 1.3- Conduct lyderview Sessions wth ldeMidled Staff ✓ Draft / FIM l Otywide UAS Needs Assessment Repeat 1.4 -Identify aM OMMM Other Comonn WS Fnctonafity 1.5-Formake Requrements LISTEN.PLAN.DELIVER Land Management, Planning & Permitting System TaTActivity Description Deliverables 1.1 — - Documents NexLevel will request documentation to familiarize us with Request current processes, systems, data flows, reports, policies, and procedures for processes that utilize the land management, planning and permitting functions. 1.2 Initial Working with the City, NexLevel will document the current Documentation environment to include key workflows of existing practices of Existing and procedures that support the City's land management, Systems planning and permitting functions. NexLevel will utilize the City's existing IT strategic plan data as a starting point for this activity. 1.3 Conduct This task involves conducting interviews with City staff to Interview understand the current processes, requirements, issues, Sessions with business practices, future needs, potential problems and Identified Staff opportunities for improvement. NexLevel will use an interview checklist to ensure consistency and completeness in the sessions, and will utilize our experience with other cities selecting new software during our data gathering sessions with City staff. Working with City staff, NexLevel will determine what sessions should be group or individual interviews. NexLevel anticipates approximately 20 interviews to complete this process. 1.4 Identify and NexLevel will research current LMS applications and utilize Recom- Document information gathered to compare current application mendations Other Common features and functions with what the City is considering in regarding Best LMS its use of a new LMS application. Practices Functionality 1.5 Formalize Utilizing data gathered during the previous activities, Draft Citywide Requirements NexLevel will develop the system's functional and LMS Needs technical requirements that will clearly identify the City's Assessment user needs. NexLevel will provide an initial draft needs Report assessment report for City review and comment, revise Final Citywide the draft report based on City input, and produce a final LMS Needs needs assessment report. Assessment Report LISTEMPLAMDELIVER L.V.L Land Management, Planning & Permitting System Phase 2 — RFP Development, Release and Administration This phase is focused on creating the RFP and supporting processes to allow the City to select and procure the solution(s) that provide the best overall value. An RFP is a highly structured document that specifies minimally acceptable administrative, functional, technical, and contractual requirements, as well as the evaluation criteria that will govern the contract award. It is important to note that while the RFP is a highly structured document, it should also be concise and straightforward such that vendors are able to respond in an efficient and comprehensive fashion. The City's technical requirements should also allow room for vendors to offer innovative solutions that exceed the specifications in the RFP. Meeting the minimum mandatory requirements should receive no more than a satisfactory rating. To demonstrate added value, a vendor should be able to describe how a component is integrated with other solution components. Explaining, in addition, the technical component's contribution to the organization's business objectives is an illustration of maximum added value. In Table 2— Phase 2 Activities and Deliverables beginning on the following page, we identify the activities and deliverables to be completed as part of this phase. Table 2 - Phase 2 Activities and Deliverables Prolect Approach: Phasesand Tasks I deliverables 2.1—Finalize Functional Requirements for Replacement System J FunTecctional Requirements Section ot RFP J sial of RFP 2.2—Establish Technkal5mpefor Replacement Sszgm ✓ Supplemental RFP Material ntalRRequiRFP supplemental 2.3—Develop Suppleme tal RFP Material 2.4—Develop Evaluation Methodology ✓ Evaluation J and Scoobgy Scoring 6eRion of RFP O 2.6—D'Kttbut¢Draft RFP lnternallyfa Redew ✓ Drah/Final RW Draft/ Final RW 2.6—Develop Potential Vendor Dsting ✓ Potential Vendor lining 2.7— Publish And Release Final RFP 2.8— Coordinate and Assist in Responding to Bidder Questons ✓ Vendor RFP Release Announcement ✓ Assistance with City Responses to Bidder Questions Task Activity Description Deliverables 2.1 Finalize NexLevel will document the functional requirements to Functional Functional be met by the new application software. This activity Requirements Requirements includes: Section of RFP for ♦ Business process/workflow assessment and Replacement recommendations System ♦ System improvements and user need evaluations ♦ Review of existing software strengths and weaknesses ♦ Discussion of future trends in enterprise land management systems ♦ Software integration planning LISTEMPLAN.DELNER N= L=V=L Land Management, Planning & Permitting System Task Activity Description Deliverables I NexLevel will work with the City to establish the technical Technical 2.2 Establish Technical scope for the replacement system procurement. This Requirements Scope for should identify not only the relevant modules, but also Section of RFP Replacement the following components: hardware, software, System database, technical platform, development approach, integration issues, technical interfaces, testing plan, resource requirements, training plan, ongoing maintenance, information security, impact on existing infrastructure and end-users, and backup and operational recovery. 2.3 Develop Drawing on previous work products, NexLevel will Supplemental Supplemental prepare the supplemental RFP material and RFP Material RFP Material requirements: ♦ Prepare RFP introductory material ♦ Prepare current system/environment material ♦ Prepare administrative requirements material ♦ Prepare technical requirements material ♦ Prepare deliverable requirements material ♦ Prepare costing requirements material ♦ Incorporate City s contract material ♦ Prepare format section material 2.4 Develop The purpose of this task is to thoroughly define the Evaluation Evaluation Evaluation Methodology, which will guide the selection Methodology Methodology process. This step is critical to the ultimate selection of Evaluation and the appropriate vendor. NexLevel will provide examples Scoring Section from other municipal organizations and assist in of RFP identifying criteria appropriate for the City. These criteria may include factors such as: ♦ Responsiveness to functional and technical requirements ♦ Responsiveness to administrative requirements ♦ Long-term viability ♦ Vendor support and maintenance ♦ Vendor implementation approach ♦ Vendor experience ♦ Cost 2.5 Distribute NexLevel will compile a draft RFP for the City's review. It Draft RFP Draft RFP is essential for this document to be reviewed for accuracy Internally for by all key stakeholders including representatives of each Review department or division that will use or be affected by the new system. LISTEN.PLAN.DELIVER Land Management, Planning & Permitting System Task Activity Description Deliverables 2.6 Develop Based on NexLevel's experience and research, we will Potential Vendor Potential provide a recommended vendor listing to ensure the City Listing Vendor Listing procurement creates a competitive environment and Vendor RFP offers the City quality and qualified proposal responses. Release management system functions. Announcement 2.7 Publish and NexLevel will update the RFP and complete the Final RFP Release Final preparation of the Final RFP. The Final RFP will be made RFP available to vendors in both hard and electronic copy formats. 2.8 Coordinate and NexLevel will assist the City in responding to bidder Assistance with Assist in questions. NexLevel will work with the City to develop City Responses Responding to answers to technical questions, compile responses to all to Bidder Bidder bidder questions, and format them for publication. Questions Questions Phase 3 — Proposal Evaluation and Selection The primary purpose of this phase is to ensure that the vendor selected is in the best interest of the City. This requires careful and detailed review of information provided in response to the RFP, as well as independent research, validation and verification. In Table 3 — Phase 3 Activities and Deliverables, we identify the activities and deliverables to be completed as part of this phase. Table 3 - Phase 3 Activities and Deliverables Project Approach: Phasesand Tasks I Deliverables W3.3— mrdnate and Facilitate Evaluation Convnktee ✓ Establish Evaluation Committee evelop Evaluation and Sooring Sheet Templates ✓ Evaluation and Scoring Sheet Teni,lates Orepare Prod of Capabi lit es(POCITest Scots ✓ POCSatpts oordirete OrliteVerdes Proof of Capabilities JPOC)✓ Carnpgatim of Completed EvaluationaM S<odngSheets eriewandCompileCompleted Evaluation and Scoring Sheets✓ Vendor POC Agenda ssiut with Perfornanceof Due Diligence Background Investigatiors✓ Nocesfran Eads Session onduct Vendor Selection Workshop ✓ Reference Cheri Guidelines ✓ Selection Report Task Activity Description Deliverables 3.1 Coordinate and NexLevel will work with the City to identify individuals Establish Facilitate who should participate in the evaluation of the Evaluation Evaluation replacement system. This should include key Committee Committee stakeholders and representatives of departments or divisions that have a significant dependence on land management system functions. LISTEN.PLAN.DELIVER Land Management, Planning & Permitting System Task Activity Description NexLevel will work with the City to develop evaluation Deliverables Evaluation and 3.2 Develop Evaluation and and scoring sheets. The evaluators will use these sheets Scoring Sheet Scoring Sheet to document their evaluation results and to ensure each Templates Templates evaluator focuses on the same evaluation factors. 3.3 Prepare Proof of Working with the City, NexLevel will define test scripts POC Scripts Capabilities and scenarios that vendors will follow when (POC) Test demonstrating the features of their products and that Scripts will allow for the identification of key differentiators. 3.4 Coordinate In support of this activity, NexLevel will: Vendor POC Onsite Vendor ♦ Prepare the vendor POC Agenda and high level Agenda Proof of scripts that will be utilized by the vendors Notes from Each Capabilities during the sessions POC Session ♦ Develop the scoring approach for evaluating the vendor POCs ♦ Participate in these sessions, estimating three (3) vendors and one (1) day of demonstrations pervendor ♦ Provide a debriefing of the sessions at the conclusion of each day of demonstrations Because NexLevel believes these sessions to be invaluable when selecting a new software solution, we will work with the City to determine who should attend and participate in the evaluation process. 3.5 Review and NexLevel will gather and summarize the evaluation and Compilation of Compile scoring sheets that have been completed by the Completed Completed Evaluation Committee. Evaluation and Evaluation and Scoring Sheets Scoring Sheets 3.6 Assist with NexLevel will prepare Reference Check Guidelines to be Reference Check Performance of used when calling clients of the vendors. NexLevel will Guidelines Due Diligence develop the guidelines to focus on the key City issues. Background NexLevel recommends that City personnel perform the Investigations reference checks, as these are a valuable education tool. L1STEMPLAMDEL/VER No L=V=L Land Management, Planning & Permitting System 3.7 Conduct Vendor NexLevel will assist the City in reviewing the evaluation Selection Report Phase 2— RFP Development, Release and Administration Selection and scoring for the vendor proposals, demonstrations, Weeks'15'= 20 Phase 3 — Proposal Evaluation and Selection Workshop reference checks and site visits, and help lead the evaluation process to aid in selecting a final vendor. NexLevel will document the results of this analysis in the Selection Report. Proposed Project Schedule Based on our experience with past LMS procurements, and taking into consideration the size and complexity of the City, NexLevel proposes the following project timeline: Table 4 — Proposed Project Timeline Phase Proposed Timeline (in weeks) Phase 1—Assessment and Requirements Development Weeks 1-9 Phase 2— RFP Development, Release and Administration Weeks 10-14 RFP Close Date and Response Period Weeks'15'= 20 Phase 3 — Proposal Evaluation and Selection Weeks 21— 32 The proposed timeline was developed to help ensure a successful procurement process that will lead to the selection of the best fit solution for the City of Newport Beach. Based on our prior experience, we anticipate the completion of Phases 1 & 2 within four months of contract signing. Once vendors have responded and the RFP close date has passed, we anticipate completing Phase 3 within three months. As part of the overall project, NexLevel will work with the City to review, refine and finalize a detailed project schedule. LISTEMPLAMDELIVER EXHIBIT B SCHEDULE OF BILLING RATES NexLevel Information Technology, Inc. Page B-1 Land Management, Planning & Permitting System Cost Proposal Based on NexLevel's past experience on similar projects, as well as our review of the City's organizational structure and size, we anticipate this project will require 330 hours to complete. NexLevel agrees to a billing rate of $165 per hour inclusive of all travel and project related costs; thus the cost to complete the project is estimated at $54,450. A detailed breakdown of costs is provided in Table 1 below. Table 1— Detailed Cost Proposal by Phase and Task NexLevel will bill the City monthly for actual hours worked the prior month, and the invoice will provide detail about activities undertaken during that month, along with providing information about cumulative billing and remaining amounts available for the project. The hours shown for each Phase are estimates of the time needed to complete the Tasks within that Phase; thus, if a particular project Phase requires fewer than the estimated hours to complete, the City would be able to utilize those hours on another Phase and Task. At the City's request, NexLevel has provided a thirty (30) hour project contingency to the matrix above. LISTEN. PLAN. DELIVER Cost $14,000 Phase Phase 1 Assessment and Requirements Development Resource Patrick Griffin Hours 80 Hourly Rate $165 Richard Keyes 80 $165 $14,000 Total Phase 1 160 $28,000 Phase RFP Development, Release and Administration Patrick Griffin 30 $165 $5,250 Richard Keyes 40 $165 $7,000 Total Phase 2 70 $12,250 Phase 3 Proposal Evaluation and Selection Patrick Griffin SO $165 $8,750 Richard Keyes 50 $165 $8,750 Total Phase 3 100 Total Estimated Project Cost 330 Project Contingency 30 Total Contract Amount r $17,500 1 , , 1 $165 $4,950 59,400 NexLevel will bill the City monthly for actual hours worked the prior month, and the invoice will provide detail about activities undertaken during that month, along with providing information about cumulative billing and remaining amounts available for the project. The hours shown for each Phase are estimates of the time needed to complete the Tasks within that Phase; thus, if a particular project Phase requires fewer than the estimated hours to complete, the City would be able to utilize those hours on another Phase and Task. At the City's request, NexLevel has provided a thirty (30) hour project contingency to the matrix above. LISTEN. PLAN. DELIVER EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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. 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. 3. Coverage Requirements. A. 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. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. 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, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. 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 Consultant arising out of or in connection with Work to be performed under this NexLevel Information Technology, Inc. Page C-1 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. D. 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 two million dollars ($2,000,000) 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. 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. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: NexLevel Information Technology, Inc. Page C-2 A. 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 any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. 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. F. 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. NexLevel Information Technology, Inc. Page C-3 G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. 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. NexLevel Information Technology, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/18/16 Dept./Contact Received From: Terresa Date Completed: 5/18/16 Sent to: Terresa By: Alicia Company/Person required to have certificate: Nexlevel Information Technology, Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/16-5/1/17 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A-: VII or greater): A++: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1NV2M E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does F. not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include `solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No It. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/16-5/1/17 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A-: VII or greater) A++: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ NIA 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 5/1/16-5/1/17 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A-: VII or greater): A++: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No /1 - 111111110 Approved: 5/18/16 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract.