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CTC Technology and Energy - 2015-09-15
0 A CONTRACTS SUBMITTAL TO CITY CLERIC'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: CTC Technologies Purpose of Contract: For Example Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Strategic Planning for Broadband Assets Amount of Contract: $50,000 Copy of contract distributed to The original insurance Certificate/waiver distributed to Risk Management Initiating Dept Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ Sandie Frakes, ext 5249 Name/Extension Date: 10/12/15 City Aftorney's Office 1Ns C �-Q c A LAJ — >-C) g G AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CTC TECHNOLOGY AND ENERGY FOR STRATEGIC PLANNING WITH REGARD TO BROADBAND ASSETS Table of Contents 1 Scope of Services ............... 1 2 City Staff Assistance ..2 3 Term, Time of Performance , ..., ... 2 4 Compensation. .,,2 --2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Othet Documents . , 3 8 Hold Harmless ., .. 3 9 Professional Liability Insurance .. .............. . .......,. 4 10 Certificate of Insurance .... ... .......5 11 Independent Contiactot....... ......• 6 12 Termination of Agreement ......... 6 13 Assignment and Delegation. , ......... 6 14 Copyiights/Patents .. .7 15 City Employees and Officials ........... 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original . . ....9 22 Inunrgratron 9 23 Legal Services Subcontracting Prohibited .9 24 Attorney's Fees 10 25 SwA ival ...10 26 GoverningLaw 10 27 Signatories 10 28 Entirety, 10 29 Fffective Date. , ..... , 11 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CTC TECHNOLOGY AND ENERGY FOR STRATEGIC PLANNING WITH REGARD TO BROADBAND ASSETS fHIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, lierernafter tefeiied to as "CITY," and CTC TECHNOLOGY AND ENERGY (CTC), a Columbia Telecommunications Corporation hereinafter teferredto as "CONSULTANT " WHEREAS, CITY desnes to engage the services of a consultant to provide a market analysis and develop a strategic plan for maximizing the economic benefits of the City of Huntington Beach's broadband assets, and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03, relating to procurement of professional service contracts have been complied with, and CONSULTANT has been selected to petform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows I SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "PROJECT " CONSULTANT hereby designates Joanne S Hovis who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of thus Agreement agredsurfnedprofesstonal svcs to $49 10/12 1 of 11 2. CITY STAFF ASSISTANCE CITY shall assign a staff eooidinator to work directly with CONSULTANT in the performance of this Agreement. 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT ate to commence on 5 , 20 (S (the "Commencement Date") This Agreement shall automatically terminate three (3) years fiom the Commencement Date, unless extended or sooner teiminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than six (6) months fiotn the Commencement Date The time for performance of the tasks identified in Exhibit "A" ate generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "S," which is attached hereto and tncorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Fifty Thousand Dollats ($50,000 00) 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such agreelsurfnet/professronat Svcs to S49 10/ 12 2 of 11 work only after ieceiving written authorization ftom CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. b METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7 DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, teports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration of termination of this Agreement of upon PROJECT completion, whichever shall occur frist. These materials may be used by CITY as it sees fit. 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature of liability of any kind or nature) arising out of of in connection with CONSULTANT's (or CONSULTANT's subcontractots, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents of employees except such loss of damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies ate agree/audnedprofessional Svcs to S49 10/12 3 of 11 applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and finnish to CITY a professional liability insurance policy coveting the work performed by it hereunder This policy shall provide covet age for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000 00) pet occurrence and in the aggregate The above -mentioned insurance shall not contain a self -insured tetention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000 00) or less is permitted A claims -made policy shall be acceptable if the policy further provides that A The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals of replacements). B CONSULTANT shall notify CITY of circumstances or incidents that might give rise to fixture clanns CONSULTANT will make every effort to maintain similar insurance during the required extended pettod of coverage following PROJECT completion If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with thus Agreement If CONSULTANT fails of refuses to produce ou maintain the insurance required by this section or fails or refuses to furnish the CITY with iequrued proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to agree/surfnet/professional Svcs to $49 10/12 4 of 11 forthwith teammate this Agreement, Such termination shall not affect Consultant's light to be paid for its tine and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prrot to approval of insurance by the CITY 10, CERIIFICATE OF INSURANCE Piroi to commencing performance of the work heieundei, CONSULTANT shall furnish to CITY a cettificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as requited by this Agreement, the certificate shall A. provide the name and policy number of each carrier and policy, B. state that the policy is currently in force, and C shall promise that such policy shall not be suspended, voided of canceled by either party, reduced in coverage of in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The iequnement foi canying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemmfication obligations as set forth in this Agreement CITY of its representative shall at all times have the right to demand the original of a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereuiabove required. agree/surfnet/professtonal sves to $49 tO/12 5 of 11 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the peifoimance of this Agteement as an independent conttactor heiein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and othet payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the set -vices to be performed hereundet 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may tei minate CONSULTANT's services hereunder at any time with of without cause, and whether of not the PROJECT is fully complete Any termination of this Agteement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided hetein In the event of termination, all finished and unfinished documents, exhibits, teport, and evidence shall, at the option of CITY, become its property and shall be ptomptly delivered to it by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement is a petsonat service contract and the woik heteundei shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express Nvritten consent of CITY If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 beteinabove agreelsurfnetfprofesstonal sees to S49 10/12 6 of 11 14 COPYRIGHTS/PATENTS CITY shall own all lights to any patent or copyright on any work, item or material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official not any regular CITY employee in the work performed pursuant to this Agreement No officer of employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage piepatd, and depositing the same in the United States Postal Service, to the addresses specified below, CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight cancer or U S certified mail -return receipt requested TO CITY. City of Huntington Beach ATTN- Ken Domer, City Manager's Office 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT- ATTN:Joanne S Hovrs President Columbia Telecommunications Cotpotation d/bla CTC Technology & Energy 10613 Concord Street Kensington, MD 20895 agreelsurfnet/professionat Svcs to S49 10/12 7 of 11 17 CONSENT When CITYrs consent/approval is requiied under this Agreement, its consent/appioval for one transaction of event shall not be deemed to be a consent/approval to any subsequent occurrence of the same of any other transaction or event 18. MODIFICATION No waivet or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 19 SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive pleases at the beginning of the various sections in this Agzeement are merely descriptive and ate included solely for convenience of reference only and ate not zepiesentative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any ptoviszon of this Agi cement 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agzeement shall in all cases be construed as a whole, according to its fan meaning, and not strictly for of against any of the parties If any pzovision of this Agreement is held by an aibittator of court of competent jurisdiction to be unenforceable, void, illegal of invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided bete. As used in this Agreement, the masculine of neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or iequires. Nothing contained herein shall be construed so as agree/surfnedprofesstonal Svcs to $49 10/12 8 of 11 to iequite the commission of any act contiaiy to law, and wherever thete is any conflict between any provision contained herein and any present of Rituie statute, law, ordinance or regulation contiaiy to which the pasties have no right to contract, then the lattei shall prevail, and the piovision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, 21 DUPLICATE ORIGINAL The migmal of this Agreement and one on more copies hereto have been piepated and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any patty who has signed it 22 IMMIGRATION CONSULTANT shall be responsible foi full compliance with the immigration and natuiahzation laws of the United States and shall, in particular, comply with the provisions of the United States Code tegaiding employment verification, 23 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable foi payment of any subcontractor work involving legal services, and that such legal services aie expressly outside the scope of services contemplated heieundei CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attoiney is the exclusive legal counsel for CITY, and CITY shall not be liable foi payment of any legal services expenses inciu7ed by CONSULTANT agreelsurriieUprofessional Svcs to $49 10n2 9 of 11 24. ATTORNEY'S. FEES In the event suit is brought by either pasty to construe, interpret and/or enforce the terms and/oi provisions of this Agreement of to secure the petfotmance hereof, each party shall beat its own attorney's fees, such that the ptevatling patty shall not be entitled to recover its attoiney's fees fi orn the nonpi evading patty 25 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Calrfoinra 27 SIGNATORIES Each undersigned teptesents and warrants that its signature herembelow has the power, authority and tight to bind then respective patties to each of the terms of this Agreement, and shall indemnify CITY fully fot any injuries or damages to CITY in the event that such authority of power is not, in fact, held by the signatory or is withdrawn 28 ENTIRETY The patties acknowledge and agree that they ate entering into this Agreement fieely and voluntarily following extensive aim's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The patties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that patty or anyone acting on that party's behalf, which ate not embodied in this Agreement, and that that patty has not executed this agreehurtnct/professonat Svcs to $49 10/12 10 of 11 Agieement in reliance on any iepiesentation, inducement, promise, agreement, warranty, fact of circumstance not expressly set forth in this Agieement This Agieement, and the attached exhibits, contain the entree agreement between the parties respecting the subject mattes of this Agreement, and supersede all piioi understandings and agreements whether oral or in waiting between the pasties respecting the subject mattes hereof 29 EFFECTIVE DATE This Agieement shall be effective on the date of its approval by the City Attorney, This Agieement shall expne when terminated as provided herein IN WITNESS WHEREOF, the parties heieto have caused this Agieement to be executed by and th iough their authorized officers CONSULTANT, Columbia Telecommunications Colpoiation d/b/a CTC Teelmology & Eneigy 10613 Concord Street Kensington, MD 20895 CONfPANY NAME By 4rV�4�, J S, print name ITS. (circle one) Chatrma restden ice President AMID By S print name Chict Financial OfficerlAsst (7�77!s agreelsurfnet/professionat secs to $49 10/12 11 of II CITY OF HUNTINGTON BEACH, a municipal coiporation of the State of California Directot/Chief (Plo-wartl To HBiVEC §3 03 100) APPROVED AS Ci Attorney F Date EXHIBIT "A" A. STATEMENT OF WORK. (Natyative of work to be perfonned) See Attachement A - Scope In general, C`l C proposes to develop a high-Ievel stiategzc plan that explores options foi maximizing the economic development benefits of the City's existing broadband infiastiuctuie, integrating potential firthue broadband projects with the City's bioadei economic development planning, and meeting the broadband connectivity needs of businesses in the City of Huntington Beach B. CONSULTANT'S DUTIES AND RESPONSIBILITIES See Attachenient A - Scope C CITY'S DUTIES AND RESPONSIBILITIES See Attachment A - Scope. D. WORK PROGRAM/PROJECT SCHEDULE. Pei the Scope of Woik outlined in Attachment A, pioject schedule will be agreed to by City at the K1ck-Off meeting with a not to exceed timefiame of six (6) months, unless otherwise agreed to by City to extend the schedule EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly late and cost schedule CTC proposes to perform the tasks identified in the scope of work above for a not -to -exceed cost of $50,000, inclusive of travel We will bill any mutually agreed upon additional work at the hourly rates Iisted below. Labot Categoiy Rate Director of Business Consulting / Engineering $170 Principal Analyst / Engineer $160 Semot PiojectAnalyst/Engincei $150 Senioi Analyst / Engineel $140 Staff Analyst / Engineei $130 Communications / Engineer Aide $ 75 B Tiavel Charges for time doting travel are not reimbursable C Biiliin2 All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to peiform that work and who performed it 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs mcuried to date for the project 3 A copy of memoranda, letters, teports, calculations and other documentation prepared by CONSULTANT may be iequued to be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects of has comments on any such product, CITY shall identify specific requirements for satisfactory completion 4 CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall A) Reference this Agreement, B) Describe the services performed; C) Show the total amount of the payment due, D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in aeeoidanee with the provisions of this Agi cement; and E) For all payments include an estimate of the percentage of work completed 1 Exhibit B Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making sattsfactoiy piogiess towaid completion of tasks in accordance with this Agieement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of teceipt of the invoice by CITY, Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, of has been biought into compliance, of until this Agieement has expired or is terminated as ptovided herein Any billings for extra wotk of additional services authotized in advance and in wiiting by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly tate charged foi such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate Such approval shall not be unreasonably withheld Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart ftorn the ongoing performance of the remainder of this Agreement. 2 Exhibit B A� �EP® CERTIFICATE OF LIABILITY INSURANCE 8/30/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the Certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER Herman E. Wealcatch, Inc. CONTACT NAME PHONE (410)653-3053 FAX No (410)653-5116 E-MAIL ADDRESS 37 Walker Avenue INSURERS AFFORDING COVERAGE NAIC# Suite 200 INSURER A Travelers Insurance Company Pikesville MD 21208 INSURED INSURERS INSURER COLUMBIA TELECOMMUNICATIONS CORP. INSURER 10613 CONCORD ST INSURER E INSURER KENSINGTON MD 20895 COVERAGES CERTIFICATE NUMBER-CLI1122805030 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE DL SUBR POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300 , 000 A CLAIMS -MADE a OCCUR LP-14TS491-15 /1/2015 /1/2016 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 $ X POLICY PRO LOC AUTOMOBILE LIABILITY COM13INED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED A-6C198370-15 /1/2015 /1/2016 AUTOH PROAUTOS PERTY DAMAGE $ NOOWNED R DSAUTOS AUTOS Per so. I) Terrorism Accepted $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 7,000,000 AGGREGATE $ 7,000,000 A EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ UP-14TS4953-15 /1/2015 /1/2016 A WORKERS COMPENSATION X I WC STATU- OTH- B AND EMPLOYERS' LIABILITY YIN °� ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED9 ❑ (Mandatory in NH) NIA -6C202037-15 /1/2015 /1/2016 E L DISEASE - EA EMPLOYE $ 500,000 If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT 1 $ 500,000 A Professional Liability PL-14TS4965-15 1/1/2015 1/1/2016 Per claim/annual aggregate 5,000,000 A Employee Dishonesty PL-14TS4965-15 1/1/2015 1/1/2016 Limit 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addtional Remarks Schedule, if more space is required) The City, its officers, elected or appointed officials, employees, agents and volunteers are named and covered as additional insureds as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor Coverage is primary and non-contr3.butory Should the above policies be cancelled before the expiration date thereof, the issuing insurer Will endeavor to mail 30-Day Notice of Cancellation/ 10-day Notice for Nonpayment of Premium to the UtK I Irl(:A I t MULUtK (714)536-5212 CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE Wealcatch/MICHAE � Q ACORD 25 (2010/05) INS025 r9mnnF) m ©1988-2U1U AGURD GURPURATIUN An rights reservea The Ar`f)Pn nnmc anti innn arc rcnrcforcrl mnrl6rc of A(`C1Rr1 APPROVED AS TO FORM By: LA richael Gates, CIt Att rney ENERGY SERVICES DEPARTMENT CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ELLENSBURG AND CTC TECHNOLOGY AND ENERGY RELATING TO: 2014-26 Telecommunications Utility Strategic Plan THIS CONTRACT is made and entered into this 215t day of October, 2014, by and between THE CITY OF ELLENSBURG, a non -charter code city of the State of Washington, (hereinafter called the "CITY") and CTC Technology and Energy, a Corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT'). WHEREAS, the CITY desires professional services related to a Telecommunications Utility Strategic Plan; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified information technology engineering consulting firm to perform the scope of work as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: SCOPE OF WORK The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include all Contract for Professional Services -- 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 1 of 15 services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Contract. The CONSULTANT agrees that all services performed under this Contract shall be in accordance with the standards of the profession and in compliance with applicable federal, state and local laws The Scope of Work may be amended upon written approval of both parties. 11 OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the City or by others acting through or on behalf of the City, will be at the City's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Contract by both parties and the duration of the Contract shall extend through December 21, 2017 The work shall be completed in accordance with the schedule set forth in the attached Exhibit B V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Contract Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S standard billing rates as set forth in Exhibit C multiplied by the actual hours worked, cost for actual labor, overhead and profit plus CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit C. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis Invoices shall detail the work, hours, employee name, and hourly rate, shall itemize with receipts and invoices the non -salary direct costs; shall indicate the specific task or activity in the Scope of Work to which the costs are related; and shall indicate the cumulative total for each task. Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 2 of 15 C The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid, D The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY P. Payment for "Extra Work" performed under Section XII of this Contract shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Contract, including labor, direct non -salary reimbursable costs and outside services, shall not exceed the maximum sum of $61,398 The budget for each task is as set forth in the attached Exhibit D. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $61,398. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner -independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided, The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Contract, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT, In performing this Contract, the CONSULTANT shall not employ or contract with any CITY employee without the City's written consent. Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 3 of 15 IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular• A The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin X SUBCONTRACTS A The CONSULTANT shall not sublet or assign any of the work covered by this Contract without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub -consultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under this Contract, including the nondiscrimination requirements XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the scope of work Such changes shall not become part of this Contract unless and until mutually agreed upon and incorporated herein by written amendments to this Contract executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Contract The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 4 of 15 XIII TERMINATION OF CONTRACT A. The CITY may terminate this Contract at anytime upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated representative at the address provided by the CONSULTANT. B. In the event this Contract is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the percentage of work completed. C. In the event this Contract is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATIONIHOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in performance of this Contract, except for injuries and damages caused by the sole negligence of the CITY. The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Contract. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4,24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 5 of 15 XV INSURANCE The CONSULTANT shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the Contract shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage, and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City; and, 3 Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington, and 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident 2 Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate 3 Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit Contract for Professional Services -- 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 6 of 16 C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance. 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contnbute with it. 2 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled, suspended or materially changed by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3 Any payment of deductible or self -insured retention shall be the sole responsibility of the CONSULTANT. 4 The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A.VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work XVI APPLICABLE LAW This Contract shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Kittitas County Contract for Professional Services -- 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 7 of 15 XVII EXHIBITS AND SIGNATURES This Contract, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Contract, Exhibit A — Scope of Work Exhibit B -- Schedule for the Work Exhibit C — Consultant Labor Costs and Non -salary Reimbursable Costs Exhibit D — Budget for Each Task IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first written above CITY OF ELLENSBURG JOHN AKERS, CITY MANAGER CONSULTANT SIGNATURE PRINT NAME PRINT TITLE APPROVED AS TO FORM: TERRY WEINER, CITY ATTORNEY ATTEST: COREEN RENO, CITY CLERK Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 8 of 15 EXHIBIT A: Scope of Work The scope of work will be per "Section D. Anticipated Scope of Work" of the RFQ documentation, with some minor tasks adjusted to reflect the City's budget parameters. Scope of Work Following an onsite strategy session (task 1) with one CTC staff member traveling to Ellensburg, we will perform the following tasks: a. Prepare a Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis for the telecommunications utility. The SWOT analysis will include a brief review of other cities within Washington State and across the nation in regard to advanced telecommunications and Smart Grid technologies. The SWOT analysis will include an evaluation of the City's competitive position compared to local incumbent service providers, and an assessment of the economic development advantages that could be provided by the City's Telecommunications Utility. b. Contact and interview up to 3 municipalities operating a telecommunications utility, network or fiber optic infrastructure. In a brief summary of no more than 3 pages per network, compile their recommendations and lessons learned and also compile (with available data) the services provided, customers, revenue, rate schedule, market shares, operating costs, staffing requirements and any other relevant information pertaining to the operation of their telecommunication utility, (Please note that many municipals will not publicly share market share and other data due to competitive reasons.) c. The Consultant will perform interviews with local incumbent service providers to discuss the Telecommunications Utility Strategic Plan, their investment plans, current and future advanced service offerings, and any opportunities for cooperation and collaboration. The City will provide known contact information and, if required, assist in scheduling and facilitating these discussions. d. The Consultant will interview up to 7 public agency customers to determine their telecommunications needs and interests. The City will provide contact information for each agency and assist in scheduling and facilitating these discussions if required. When possible these interviews will be done in person, however many are likely to be done by phone. Evaluate business case including rate considerations for expanding telecommunications utility service offerings to current municipal and public agency customers for the following potential services: 1. Internet access (at various service levels up to 1 Gbps or higher) 2. Voice services (VoIP) 3. Cable television services or Internet Video Services 4. Wireless Internet access 5. Wireless MAN access 6. Off -site backup 7. Disaster recovery 8. Hosted application services 9. Hosted virtual and physical servers 10. Leasing of City -owned "dark fiber" Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 9 of 15 11.Other services recommended by the consultant e. The City will assemble a focus group of prospective commercial and business customers. The Consultant will lead a focus group discussion to assess interest in advanced telecommunications services. The Consultant will prepare an evaluation business cases including potential rates for expanding the telecommunications utility services to new commercial and business customers for the following potential services: 1. Internet access (at various service levels up to 1 Gbps or higher) 2. Voice services (VoIP) 3. Cable television service or Internet Video Services 4. Wireless Internet access 5. Wireless MAN access 6. Off -site backup 7. Disaster recovery 8. Hosted application services 9. Hosted virtual and physical servers 10. Leasing of City -owned "dark fiber" 11. Other services recommended by the consultant f. The City will assemble up to 3 focus groups of prospective residential customers. The Consultant will lead the focus group discussion to assess interest in advanced telecommunications services. The Consultant will prepare an evaluation of business cases including potential rates for expanding the telecommunications utility services to new residential customers for the following potential services: 1. Internet access (at various service levels up to 1 Gbps) 2. Voice services (VoIP) 3 Cable television services or Internet Video Services 4. Wireless Internet access 5. Wireless MAN access 6. Other services recommended by the consultant g. The Consultant will identify and evaluate ways to improve the effectiveness and efficiency of municipal operations and services. For example providing VoIP, aggregating Internet access, and wireless services for employee mobility. h. The Consultant will identify a framework for marketing and promotional strategies for each of the individual services and customers identified above. Similar to the City of Tacoma, WA "Click!" network, provide recommendations on branding the City's telecommunications utility. Please note, this task provides considerations for branding and promotion —but not for the campaign theme or material. The Consultant will identify recommended interconnections to foreign networks for receiving wholesale telecommunications services, including an estimate of the cost to extend the City's telecommunications facilities to a meet me point of presence, and the non -recurring and recurring costs for interconnection services. The Consultant will identify potential wholesale services that could be provided by the City. Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 10 of 15 j. The Consultant will evaluate options for retail service delivery, including the City as a retail service provider and readily available outsourcing alternatives. The Consultant will summarize the advantages and disadvantages of the City providing telecommunications services compared to a public/private partnership approach. k. The Consultant will prepare a budgetary capital facility plan and a financing plan identifying the needed city equipment, hardware, software, and facilities and estimated costs to implement each of the services identified above. The capital facility plan will include extension of facilities to the incubator and airport building, and other City - owned buildings and utility facilities. The budgetary capital facility plan shall include recommended pilot projects as well as full deployment throughout the City. The financing plan shall identify recommended line extension fees and other potential sources of :funds that may be available to the City. The Consultant will categorize pilot projects by utilizing a Risk/Benefit Matrix to identify high-benefit--low-risk pilot proj ects. Identification of federal and state regulations that would affect the telecommunications utility and provide recommendations for complying with those regulations. [Note that CTC is not qualified to provide legal advice. Our work on this task will not include any legal opinion or guidance. To the extent possible, CTC will incorporate in its report any written legal counsel received by the City outside of this contract.] m. Identification of industry codes and standards that would affect the telecommunications utility and provide recommendations for complying with those standards. [Note that CTC is not qualified to provide legal advice. Our work on this task will not include any legal opinion or guidance. To the extent possible, CTC will incorporate in its report any written legal counsel received by the City outside of this contract.] n. Provide recommended amendments to the City's Telecommunications Ordinance that would be necessary to carry out any new or expanded services. [Note that CTC is not qualified to provide legal advice Our work on this task will not include any legal opinion or guidance. To the extent possible, CTC will incorporate in its report any written legal counsel received by the City outside of this contract.] o. The Consultant will provide a preliminary market analysis for each of the services listed above to include but not limited to the following: 1. Customer base 2. Anticipated market share 3. Competing services and rates 4. Competing service level agreements p. Provide a budgetary cost estimate for each of the services listed above to identify costs associated with capital expenditures, software, hardware, staffing, licensing, maintenance, annual expenditures and any other costs identified. q. Identify any additional City staffing required to support the services listed above. Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 11 of 15 r. Identify the training and resources required for the design, installation, splicing testing, operation and maintenance of fiber optics by City staff members. Review the IBEW collective bargaining agreement (Article I Section 14) regarding new technologies. [Note that CTC is not qualified to provide legal advice. Our work on this task will not include any legal opinion or guidance. To the extent possible, CTC will incorporate in its report any written legal counsel received by the City outside of this contract.] s. Identify the training and resources required for the billing and collection of customer telecommunications service charges by the City. Verify the ability of the City's utility billing system software to bill for retail telecommunications services. t. The Consultant will assist the City with the preparation of an online community survey by providing sample questions for the City's use in the generation of the survey. The City will provide to the Consultant the resulting data for the preparation of a section of the final report that describes the survey results and their meaning. u. Prepare and present final report In addition to the above scope of work, during the term of the contract for professional services the City may request that CTC perform additional work related to the Strategic Plan for the Telecommunications Utility. Such work will be billed separately at CTC's fully burdened hourly rates. Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 12 of 15 Exhibit B: Schedule of the Work Estimated) _ 'dTaS_k + AlSeifPtl W_'E x5ik: s LYer ua�w x4tYau ti 264W 3.0_ w U" x7.oa 2.40M 9uAec _ _ _ _ _ _ _ 7.d.n 14asn— z1 Jon zaa.n a -fee o tx.Fee 1a-rwn '25 fah a -Mr u wr 234AMri I 1 cw&xton-SetE5lret YSass f a Prepare_? CQTArra sls-- b Pre re Muniapal Teleeomnwnicabon Utility Case Studies _ r c jinteMew#* f s3ai InEumbegtSe,V ce Prcmders !-�— — - _ — T - -- d jj lrrtervtewe�€a 7 PuklicA�{eneres �- - ----- .. . - -- --._ - -- - -- - -- e - Conduct €s�tus�Graup ai t% Cdrre Commercial and SUSIN ss eustamer_s- - - +- T f 'Corrd€ ct Lq? 3 FOC k6mup fa gspecbve_RpMdentat Customers _ _ - - Ffd anc[ EvafLEW Ways to Improve Mj2LcT el Ciperat40n6 and�- for Mna PrornMonal Si t �ies h idantl r Franwmrk [7 and 1 ltderwfy Retammeaded Interwnnections to Fgrw nn netwvorks i revaluate 4aom for Retad Service Delnrery_ -- - ---- -- - f � k _ �P�re a B etafy C�pilal FataUi� and FTriaixiri8 Plan __�____ Y � _ � .-� 1 1FdentiRcatian of Federal and Shoe Rez latlo� LOPES trot include legai advitej- 1 1 rn rkiamiflCetlaro aF Industry Codts and Standards does not Indude le al athnCe n,R-eCornnwndadonsfor City 9rdinanceAmendn`pTb [does not indudelep aov3 ) :Conduct Prellrr!}rlary hAailoetAnaly?u se 0udgetsry Finsnael Statunents l ' _ ur3me Stsffirr Raqurlernems - r Ider Tatftr: eSnufCe3 Regkitred �FllaerOperabom ld� t tt Include Isgaf advi[ej s Ident theTral aradResoun Rer�ulred-6u,,messOpentipns — slstthe Clt�wktEi Sufvey- i I �---- _t - - - - - - •- - -___ _ --- - - - - _ _ ~� - -- __ -- — ? u Lfave and Presenttlre Report -i_ jRnalRe�srsrtxFeb27c20T . _ �UAC Presergb. March 10, 20I5 _ - _ - { - _ _ _ f 1OW Conrr.il Presentawn March 16, 2075 1-- _ ! _ _ - . _ _� _ _ _ _ - _ -_ _,_-- _ j . --. _ Contract for Professional Services -- 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 13 of 15 Exhibit C: Consultant Labor Costs and Non -salary Reimbursable Costs CTC will bill all work at the fully burdened hourly gates listed below. Please note that CTC reserves the right to reallocate funds among tasks and team members so long as the total contract cost is not exceeded. Labor Category Rate Director of Business Consulting / En ineerin $170 Principal Analyst / Engineer $160 Senior Project Analyst / Engineer $150 Senior Analyst / Engineer $140 Staff Analyst / Engineer $130 Communications / Engineer Aide $ 75 CTC's billing rates are inclusive of all routine expenses including administrative, accounting, and computer support, telephone calls, and photocopying. Non -routine expenses and long- distance travel are recovered at direct cost with no mark-up. .c Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 14 of 15 Exhibit D: Budget for Each Task (Estimated) Task Description - — — Staff Hours Person Trips - 1 Conduct 0_n-5rte Stray Session _ 12 1 _._ — Person Da --- 1 Fees $ _ 2.100 Expenses _$ - 1,033 - Total $ 3,133 1,750 a Pre reSWC]TAnat is 10 b 'Preoarre Municipal Telecommunrcatton Litr[ity Case studies - �� 8 - - i,750 - ? 40i3 1.,4U0 c =inteiviewthe Local Incumbent Service Providers - - -_ 8 - 1 1,400 243 1643 Ir�tervlew up to 7 Public Agencies -- _ 16_ T - l ee #Conduct Focus Group of Pros dive Commercial and Business Customers 10 1 _2 - " 1 1 2,sw 1750 486 1,033 31286 2,793 f �ConductLip to 3 Focus Group of Prospective Residential Customers _ u g j1dendfir and Evaluate Ways to Improve Municipal OperatIons and Seances r h Id riti Frameworicfor i�far[ nj and PrornotionaI Strategies-- i Ideridfy Recommended Interconnections to Forngn Hetwarks 16 _ 24 $ 4 _ - � - - -- 2 _ KSW 4 00 1, 700 486 _ 3 286 4,20�0 1,� 700 a (Evaluate Qptions for Retail Service OehveY _ _- _ _ . -- - -__ _ - - -� - _ _ --- --- --- _ T -_ _ a 8udeetar Ca ijal Facility and Finances Plan _ -__ _ i k . _ - 24 �4 _- _ _ _ .- _ __ 4� � -- - _ 4,200 _ _P�re [Identification of Federal and State Regulations (does not include i I advice m_ Identification of Ind Codes and Standards does not include legal advice 4 - - - 700 700 - - 700 700 rn Recorrtmendatiom for City Ordinance Amendments (does not include legal aThl _ o !Conduct Prelimina market Anai is p PEe antiau,%etay Financial statements _ -_-- - 4 24 � 24 - -_ _ - - _ - 700 2 4,200 'l _ - 1033 - 7001 52333 4,200 E�.q_ Outline Staffing Requirements a l _ 1,400 2100 �» __ �1� 140 i1,375 _ 1,400 r iidentif LIEL IVResources Required- Flber Operations does not include le a s iderittf the Trainin and Resources Re uTred - Business Operations _. _ -t Assistr ecrrrwit_sury —r_ _-- - --_--------- Prepare and Present the Report - - Total 12 - --� fi5 - __ 2 - ` — 4 3 I — 2,100 2,100 1 13,694 __ 2,3m _-- 313 51 11 $ 54 775 $ 6,623 61,3981 Contract for Professional Services — 2014-26 Telecommunications Utility Strategic Plan August 22, 2014 Page 15 of 15 Q���ITINGTp��CI* OF HUNTINGTON BOCH v,Professional Service Approval Form CF�UUNTY, G��\�o Date: 8/22/2015 Project Manager: Ken Domer Requested by Name if different from Project Manager: Department: City Manager PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: CTC Techology & Energy 2) Contract Number: ADM Z 0 1 5 -- I _3 (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $50,000 Account number Contractual Dollar Amount Business unit. object # Fiscal Year 14-15 Fiscal Year 15-16 Fiscal Year 10030101.69300 $25,000 $25,000 $ 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 6) Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Fiscal Servi Date 4D to Date 8-21-15 psa - part ii - ctc tech.docx REV: February 2015 E Q r r CO CO V O M (O O> V (O (O (O N N N N - E9 E9 V E9 E9 E9 E9 E9 E9 E9 E9 fA EA E9 EA 00 O O O O O O V a V (O O O r 00 O N O O O 7 M (") X � \ V a n N r O O O 0 O 00 00 00 O O O 0 0 O O O O 10 O 00 O H O COI O O m O m V n Ll P"Po� O r r` O M N �<y a d � LL N c m N Vf h m m m U C h h Q U m U m Q a� d a d m t0 c .4 '� .0- 0 y d y> o¢mr°n� V U C C C Z o a U y Y U U Fo-FO-Fo-� W 2mi Y (O O> L?i m O N N N N O N O O O N V (O Im co N N O O O coo O O O t0 N N N N O O m m O N O O O c- E d E Y s Y N m N N E E O d O E m O m m m= = E o o a m O m0 mm mLi LLLL 00 m 0 ,yF-F-�- YQ YY Y Y U) H to Y z m m m > all a algl h o c c Z c m in ala a mI'o o of > :E ml m Z: H :off U �p m C O c y >. J N J J N �� 0l d y U W Q x y h f/i :Si d C y nl 3,6 N y d wLul E o n£ D yip z cis Eola 0 a w Q � mO US #! O > m <1 N mc M mO j mW 'O m W O o� Q m 0ZE u UcG ZJ fff MIX Q2 =OQ U o a,y U W c �Oy �y O m Ud 3 .i W LL• m e0 c= w D> .c y U LL .. y dE>>>�o� a� E c N N a c0 c0 O c �J m m W c o02 - CI* OF HUNTINGTON BOWCH - Professional Service Approval ForrIRECEIVED PART I AUG 2 5 2015 Date: 8/21/2015 Project Manager Name: Ken Domer Finance DeparU-neat Requested by Name if different from Project Manager: Department: City Manager PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Proposal to conduct a market analysis and develop a strategic plan for maximizing the economic development benefits of the City's broadband assets. 2) Estimated cost of the services being sought: $ 50,000.00 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ® MC 3.03.08(b) - Other Interagency Agreement procedure will be utilized. •- F//ti►s S" /-S.., W.4 ❑ MC 3.03.08 - Contract Limits of $30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) /—,2Z Yes ❑ No Fiscal Services Manager Sig (Purchasing Approval) 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Zt -� Date Account number Contractual Dollar Amount Business unit. object # Fiscal Year 2014-15 Fiscal Year 2015-16 Fiscal Year 10030101.69300 $25000 $2 000 $ I( Bud-getApproval Deparfinent-Head Signatur(s) 1° Director of Finance's Signature APPROVED,AVDE City Manager's Signature anager's Signature Date Date Date :J __� _ / `:- Date 0i L /S� Date 8-21-15 psa - part i ctc tech.docx REV: February 2015