Loading...
HomeMy WebLinkAboutIK Consulting - 2019-09-03 City of Huntington Beach File #: 21-411 MEETING DATE: 5/17/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Assistant City Manager Subject: Approve and Authorize execution of Amendment No. 1 to the Professional Services Agreement with IK Consulting for as-needed Project Management and Implementation Services Statement of Issue: The City has implemented the Accela Citizen Access (ACA) online permit and application processing system that is available to the public 24 hours a day 7 days a week This new virtual platform provides automated online access to eight City Permitting functions including Building. Code enforcement. Business license. Fire Department permits and inspections. Engineering Permits and Inspection, Urban Runoff Permits and Inspections. and Online Payment Processing. Through this system residents, businesses, contractors and developers are able to request permits, process permits, perform payments, receive permits, request inspections, and receive final permit approvals. During the implementation and over the past year working in a virtual environment due to COVID-19 there are additional improvements and online public access opportunities that have been identified. This includes increased access for code enforcement requests. expanded community access for Fire Department permits and notices and providing an online certification process of required maintenance of Public Works permits The proposed on-call services contract with IK Consulting. LLC will provide the technical professional services needed to implement these upgrades and other future modifications. Financial Impact: Funding has been included in the Fiscal Year 2020/21 budget in Non-Departmental Equipment Replacement account number 32440217.69365. Recommended Action: Approve and authorize the Mayor and City Clerk to execute 'Amendment No 1 to Professional Services Contract between the City of Huntington Beach and IK Consulting. LLC for Project Management and Implementation Services" extending the contract term by one year and increasing the on-call contract amount not to exceed $480,000. City of Huntington Beach Page 1 of 8 Panted or. rd 122D21 67 File #: 21-411 MEETING DATE: 5/17/2021 Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action Analysis: The City has recently completed a five year long effort developing and implementing the Accela Enterprise Land Management (ELM) System that has provided an online permit and application processing system that is available to the public 24 hours a day 7 days a week. This new virtual platform provides automated online access to eight City Permitting functions including Building, Code enforcement, Business license, Fire Department permits and inspections, Engineering Permits and Inspection, Urban Runoff Permits and Inspections, and Online Payment Processing. Through this system residents, businesses, contractors and developers are able to request permits, process permits, complete payments, receive permits, request inspections, and receive final permit approvals. Additionally the programs has automated the coordination and processing permits. During the implementation and lessons learned over the past year working in a virtual environment due to COVID-19, additional functionality were identified to enhance the customer online access of documents and functions across multiple permit applications which include the following: • Provide enhanced Building Permit functionality including electronic job cards, automatic defaults for plan check corrections, and provide required automated turnaround permits review. • Enhance online functions for code enforcement complaints and provide access of case records. • Provide businesses and developer online access for Fire inspection, tests, and maintenance requirements and notices of non-compliance. • Enhance the Fire permitting process to include state mandated inspection requirements. • Provide online self-certification module for Urban Runoff permit where maintenance and inspection for structural treatment controls are required. • Provide online processing of Certificates of Compliance. • Provide additional records for Public Works permitting including haul routes, cross connection inspections and checklists, and grading plan check log. • Provide online access to additional Public Works records including final parcel and tract maps, Street vacations. City of Huntington Beach Page 2 of 3 Printeo on 5/122021 p erec88 Legis;ar7- File #: 21-411 MEETING DATE: 5/17/2021 • Provide process streamlining for business license applications. In 2019 the City entered in to a Professional Services Contract with IK Consulting, LLC for $180,000 for staff augmentation during the development and implementation of the Accela ELM program. The proposed contract amendment will provide on-call services up to $300,000 and extend the contract one additional year through September 2, 2023. This will provide the technical support as system improvements are identified and if new permitting requirements such as short term rentals are required. Environmental Status: Not applicable Strategic Plan Goal: Community Engagement Attachment(s): 1. Amendment No. 1 To Professional Services Contract Between the City of Huntington Beach and IK Consulting, LLC, for Project Management and Implementation Services 2. Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project Management and Implementation Services City of Huntington Beach Page 3 of 3 Printed on 5/12/2021 p eredSg Legistar- ANIENDNIENT NO. I TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF I-IUNTINGTON 13EACI-1 AND IK CONSULTING, LLC FOR PROJECT MANAGEMENT AND IMPLEMENTATION SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation. hereinafter referred to as "CITY." and IK Consulting, Inc., an Arizona Limited Liability Company, hereinafter referred to as "CONSULTANT." WHEREAS. CITY and CONSULTANT are parties to that certain agreement, dated September 3, 2019 entitled "Professional Services Contract Between the City of Huntington Beach and IK Consulting, Inc. project management and implementation services for Accela Autonnation implementation" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to increase the amount of connpensation to be paid to CONSULTANT; NOW. THEREhORE, it is agreed by CITY and CONSULTANT ANT as follows- 1. EXTENSION OF TERM The agreement is hcrebv extended one (1) year to September 2, 2023 2. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant an additional sum not to exceed Three Hundred Thousand Dollars (5300,000). The additional sum shall be added to the original sum of One Hundred Eighty Thousand Dollars (S180,000). for a new contract annount not to exceed Four Hundred Eighty Thousand Dollars ($480.000). 21-9635/254587 1 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on May 25 , 2021# 'kflfi°iPd�ED BYo(WAC/L M/ /zo21 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of IK Consulting, LLC California By: Mayor print name q44! ITS: (circle one(Chaivnan.TresidentNice President City Clerk G12sly AND Date By: Manager print name ITS: (circle one(Secretary/Chief Financial Officer/Asst. APPROVED AS TO FORM: Secretm —Treasurer �ity A mey Date COUNTERPART 21-9635254597 2 3. REAFFIRMATION Except as specifically modified herein,all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on May 25 2021 i� 4PH40VEb AVMru@4[.on/s J0W&w CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of IK Consulting, LLC California By: Mayor print namc ITS: (circle mw)Chairms resider is President City Clerk AND J Date By. — City Manager prim name ITS: (circle one)Secretary ierh'inancial U(ri Asst. APPROVED AS TO FORM: Secretary—Treastuer I �j.,ity At mey Date COUNTERPART 21-9635/254587 2 A�l26- CERTIFICATE OF LIABILITY INSURANCE DATE IMAWOIYYYYI 12/1 612020 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 have ADDITIONAL INSURED PTOVISIons or he endorsed. II SUBROGATION IS WAIVED,subject to the terms and conciltions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ilou of such endorsements . PRODUCER CONTACT NAME John Boughton San Tan Insurance P)IONE rAx 626 N Gilbert Rd.,Suite 107 ea,C. 460-391J883 .480-391-9484 euDREss, JFBoughlontfDsantanlnsurance net _ HAIC a Gllhert AZ 86234 ltsu E - HartfINSURERS)AFFORDING COVERAGE ord Casualt Insurance Co INSURED INSURER B: IK Consulting,LLC RER C P.O.Box 17661 insuRER11. INSSlliEB E Tucson AZ 85730 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY TI IAT THE POLICIES OF INSURANCE LISTED BELOW IIAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTI IER DOCUMEN I WITI I RESPECTTO 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 POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSp TYPE OFINSUMNCE WLSUB O BE POUCYE F POLICY ETU'IMwDDfYYYYI LINTS x CO MERCINLOENERALIUSILIIY FAr4I OCCURRENCE s 2,000,000 _ A __ CLANS MADE OCCUR OAMACE TO RENTED A-1 3g0,000 f!REWSES(Eaorclnanta)_3 59SBAZM4677 12108/2020 12/0812021 MED EXP(Am am o.wl 5 10000 PERSONAL A ADV INJURY S 2000000 GEN'L ADORE TE LLWT APPLIES PER. ry' ADOHEeA1E 4000000 % Paucr JEC ❑Lac M44,000,000 OTHER _Ji AUTOMOUILE LIABILITY ICOMAIINNEED,UNnI E I NIT $1,000,000 A ANY AUro _ BODILY INJURY(Por Poison) i AROS ONLY — AAJJIos�CO 59SBAZM4677 1210812020 12/08/2021 BODILY INJURY(Pn sachem) S MIRED NON-OWNED PROPERIYOAYAIIE % AUIOS ONLY % AUTOSOILY aocldm) $ i UMORELU LIae occuN APPROV D AS TO FOH EACH OCCURRENCE -1 EXCESS LIAtl ...Al- b WORKERS CONPEN9Al10N PER ER AND EMPLOYERI'LI %ABILITY MICHAEL E. GATES STe1U1E-_.OTH- ANYPROPRIETOrUPARTNERIEXLCURVE E.L EAGI ACCIDENT 500000 A OFFX:ERMEMN EXCLIAED! N y3bTORNEY O110BI2021 01/0812022 El DISEASE-E EN E s 600000 (MaMatoryM NH)H) NIA 59WEG ITY OF HUNTINGTON BEACH EA-fXSEASE POLICY LIMIT ii$00 O00 $1,000,000 each Glitch Unit A �F,rrora`.&`Om1681oris'Llatilllly 69SBAZf44677 1210812020 12/0812021 $2,000.000 Aggregate DESCRIPTION OF OPERATIONS ILOCATIONS IVEHICLES(ACORD 101,Addleanal Romarb Schaub,may as SHachd It mou apu la ralulnd) CERTIFICATE HOLDER CANCELLATION The City Of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2000 Main St. ACCORDANCE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN j ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESEMTATNE Phone:(714)536.5611 ( v�- 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ N�rNtiryv.huntingtonbeachca.gov Fay: Office of the City Clerk Robin Estanislau, City Clerk May 25, 2021 Melissa Kern Managing Partner/Owner IK Consulting, LLC P.O. Box 17661 Tucson, AZ 85731 Dear Ms. Kern: Enclosed is a fully executed copy of"Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project Management and Implementation Services" approved by the Huntington Beach City Council on May 17, 2021. Sincerely, 4AtL, 9�4hV� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand PROFESSIONAL. SERVICES CONTRACT BI.`.TWEEN TIME CITY OF I-IUNTTNGTON 13EAC1-1 AND IK CONSULTING, LLC FOR PROJECT MANAGEMENT AND IMPLEMENTATION SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Ilunlington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and IK CONSULTING, LL,C, an Arizona Limited Liability Company hereinafter referred to m "CONSUL:TANT." WHEREAS, CITY desires to engage the services of a consultant to perform project management and implementation services for Accela Automation implementation; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the 1-Iunlington Beach Municipal Code, Chapter 3,03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these.services, I NOW,THEREFORE, it is agreed by CITY and CONS U LTA N'l'as follows: I. SCOPE OF SERVICFS 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 hercinafer be referred to as the "PROJI3CT." CONSULTANT hereby designates Melissa Kern who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE' CITY shall assign a staff coordinunr to work directly with CONSULTANT in the performance of this Agreement. 19-79371211295 ngred sutrat(prolimionul Svcs mnyur I of 11 5119-20,1082 72 3. TE'•RK TIME OF PERFORMANCE: Time is of the essence of this Agreement. 'file services of CONSULTANT are to conmicncc on Sepeember 3 2019 (the "Commencement Date'). This Agreement shall automatically terminate three (3) years from (lie Conunencement Date, Unless extended or i i sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years fi'om the Commencement Dale. The time for performance of the tasks identified in Exhibit "A" are 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 lffective Datc, CONSULTANT shall be bound by all terms and conditions is provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSUIJANI' oil a time and materials basis at (he rates specified in Exhibit "13," which is attached hereto ]act incorporated by reference into this Agreement, a fee, including all Costs and expenses, not to exceed One Hundred I igltly Thousand Dollars($190,000). 5. fiXTRA 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 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. G. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "IM, 19J977n 11295 agred s"rfueUpm(mionN Svcs mayor 2 of 11 5/19-20,1082 73 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, 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 or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it secs fit. 8. HOLD HARMLESS A. CONSUCTAN'T hereby agrees to protect, defend, indemnify and hold harniless CITY, its officerS, elected or appoinlcd 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 or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSUL TANT's subcontractors, 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 or employees except such loss or 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 CONSUL;IAN'T's counsel, This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. Tlrc policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold I larmless provision applies in place of subsection A above: 19-7937/ 11295 a9led surf,cl/prollcmuual svcs nmpo, 3 of I I 5/19.20.I082 74 "CONS ULA'ANl' hereby agrees to protect, defend, indenmil-y and liold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteer's, flvm and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent (hat the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT,s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs clue to bankruptcy or dissolution of the business, CONSUL;1'ANI' shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Seclion 2782.8. C. Regardless of whether subparagraph A or 13 applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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 indenmifiention to be provided by CONSULTANT. 9. I,ROFESSIONA1, i.JA1311,1TY INSURANCE.{ CONSULTANT shall obtain and furnish to CITY a professional liability insurancc policy covering the work performed by it hereunder. ']'his policy shall provide coverage for CONS UL.:I'ANT's professional liability in an amount not less than One Million Do11a1's ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 19-7937/211295 agree/stir OmUpmfemimml svea mayor 4of 11 919-204082 75 i policy "deCluclible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made i policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the i scope of work (including subsequent policies ptu'chascd as renewals or replacements). j U. CONSUTA'ANT shall notify CITY of circumstances of incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period ol'cuverage 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 this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required 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 forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time 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 prior to approval of insurance by the CITY. 10. CGRTIFICATB OF' INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required 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 19-7937/211295 ngrc/sur6roUproassimml Svcs mayor 5of I1 5/19-20,1082 76 C. shall promise that such policy shall not be suspended, voided or canceled by tither party, minced in coverage or 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 insulate coverage in force until the work under this Agrccmcnt is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT'S defense, hold harmless and incicnntiflcation obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hcreinabove required. It. INDEPENDENT CONTRACTOR CONSUI:TANT is, and shall be, acting at all limes in the performance of this Agreement as an independent contractor herein 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, stale disability insurance compensation, unemployment compensation and other payroll dednCtIURS for CONSULTANT and its officers, agents and employees and all business 1 Licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. i 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in it good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is filly complete. Any termination of this Agreement by CITY shall i be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 1949171211295 allied surruct/profmimml sres mayor G of I I 5/19-204012 77 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13, ASSIGNMENT AND DELEGATION This Agreement is it personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegntiou or subcontract is approved, all approved assignees, delegates and subconsulYmts must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 1,1. COPY JUG FITS/PATENTS CITY shall own all rights 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 nor any regular CITY employee ill the work Pei formed pursuant to this Agreement. No officer or 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 CONSUI;I'AN'I*'s agent (as designated in Section 1 liercinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the snnc 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 carrier or U. S. certified mail-return receipt requested; 19-7937211705 ngrce/surfnc✓professional Svcs nmyur 7 of 11 5/19-20,1032 78 TO CITY: TO CONSULA'ANf: City of Huntington Beach Melissa Kern ATTN: Behead %annanian Managing Partner/Owner 2000 Main Street IIC Consulting, LLC Huntington Beach, CA 926,18 11. O. Box 17661 Tucson, AZ 85731 520-891-5376 17. CONSENT When CTTY's consent/approval is rcquircd under this Agrcement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to aay subsequent occurrence of the same or any other imnsaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by botli parties. 19, SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases ❑t the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative 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 provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMF,NT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent 19-79372112.95 ugrce/stir rnel/prorasionnl sea mnyor 8of II 5/19-30.10K 79 upon ally olhcr unless so cxpressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any prescnl or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision 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 original of this Agreement and one or more copies hereto have been prepared and signed ill counterparts as duplicate originals, each of which so executed shall, irrespective of the slate of its CXCllhen and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply will, the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROIIIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are exprossly ontslde the scope of services contemplated hereunder. CONS[ILTANT understands that pursuant to Huntington Bench City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY sliall not be liable for payment of any legal services expenses incurred by CONSULTANT. 19-79372117.95 agwc/surrucupruressionnl Svcs mayor 9of II ' 5/19-20,1082 80 24. ATFORNrY'S FEES In the event suit is brought by either party to Construe, intcrpfet and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the nonprevailing party. i 25. SURVIVAL Terris and conditions of this Agreement, which by (heir sense and context survive lice expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and consuved in accordance with the laws of the I State of California. 27. SIGNATORIP.S Each undersigned represents and warrants that its signature hercinbelow has the power, authority and right to bind the11• respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they arc entering into this Agreement freely and voluntarily following extensive arin's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf', which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any rcprescIlUdion, inducement, proulise, agreement, warranty, fact or circumstance not expressly set forth in this 19-7937/211295 n&rcc/5urfncVpmfcssionnl Svcs innypr 10 of 11 5119.20,1082 81 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting (he subject matter of this Agreement, and supersede all Prior understandings and agreemoots whether oral or in writing between the parties respecting the subject matter hereof. 29. EFhIC"I'IVF. DATE, This Agreement shall be effective on the dale of its approval by the City Council. 'this Agreement shall expire when terminated as provided herein. IN WITNESS WHERI.Ol', the parties hereto have causer) this Agreement to be executed by and through their authorized officers. CONSOLTANT, CITY OF hIUN'1'WGTON I11iACH, a Melissa Kem municipal corporation of the State of IK Consulting, LLC California tBy: � � � �.. Mayor print noose ITS: (circle one)CIIalrmanlplesidoa/ViceI'Issidcnl City Clerk AND sINITIATED AND A PPIZOVED: hicflnfnrmation krr, pl inl nmuc i ITS: (circle one)sccrelnry/ChiefPinnneinlOfficm/Ass1. REVIEWED AND APPROVED: Secrchoy-Ticesurcr City Manager COUNTERPART APPROVED AS TO FORM: City Attorney 19-79371211295 Ogled surfncllpmressiosml sues mayor l 1 Ol 1 l 5/1 9-7.04 032 82 Agreement. This Agreement, and the attached exhibits, contain the entire agreement betwccn the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing betwccn (lie parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective oil the date of its approval by the City Council. This Agreement shall expire when terminnted as provided liercin. IN WITNI-SS WHEREOF, the parties hereto have caused this Agreement to be executed by an<I through their authorized officers. CONSULTANT, CITY Of HUNTINOTON BEACH, a Melissa Kern municipal corporation of the State of IK Consulting, LLC California By: ol'ry� print name �" ITS: (circle nee)Chnirmnn/Pm%idcnVVice President City Clerk AND INITIATED AND VI'ROVLD: q By: C hicf Information fficer prim nnnm ITS: (cir cle ore)Secretary/Chief Financial Ufccr/AW. REVIEWEM AND APPROVED: Seeremr)'--rrensurcr ^^ �Ity Mi1n8gCl' COU NTCP,uY1 ART APPROVE R I City Allor icy 19-793 721 1293 egrcdsarficVpmfcmionnl sva mayor I I of I I 5/19.20-1032 83 City of Huntington Beach File #: 19-926 MEETING DATE: 9/3/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Dave Kiff, Interim City Manager PREPARED BY: Behzad Zamanian, Chief Information Officer Subiect: Approve a Professional Services Contract with IK Consulting for $180,000 for Project Management and Implementation Services; and, approve Amendment No. 2 to the Professional Services Agreement with Go-Live Technology for as-needed Information Technology Project Management Service for $135,000 to complete implementation of the citywide Enterprise Land Management (ELM) System Statement of Issue: The City has been working with Accela Inc., IK Consulting, and Go-Live Technology for the implementation of the citywide Enterprise Land Management (ELM) system since December of 2016. The City utilizes consulting professional services contracts for system development, project management, and staff augmentation to implement this citywide system. The project is 95% complete and the project team is in the final stages of development and system testing for the implementation. In order to complete the implementation, the City Council is being asked to approve a professional services contract with IK Consulting in the amount of $180,000, and Amendment No. 2 to the professional services agreement with Go-Live Technology to authorize an increase of $135,000. Financial Impact: Funding is included i udget. ecommended Action: A) Approve and authorize the Mayor and City Clerk to execute "ProfessioDand Between the City of Huntington Beach and IK Consulting for Project ManImplementation Services" and, approve and authorize an increase in the `Professional Services listing authority by $180,000; and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Professional Services Agreement between the City of Huntington Beach and Go-Live Technology, Inc. for As- Sce Jig City of Huntington Beach Page 1 of 3 Printed on 8/28/2019 pcwLrea7h?j LegistarTM File #: 19-926 MEETING DATE: 9/3/2019 Needed Informational Technology Project Management Service" and, approve and authorize an increase in the Information Services Professional Services listing authority by $135,000. Alternative Action(s): Deny amendment and direct staff accordingly. Analysis: In 2016, the City embarked on replacing four (4) key business systems (Utility Billing, Cashiering, Document Imaging, and Land Management) that are tightly integrated and essential to the City's operation and financial stability. Implementation of the Utility Billing, Enterprise Cashiering, and Document Imaging systems was completed in October 2018, and the City continues to work with Accela Inc., Go-Live Technology Inc., and IK Consulting on the final stage of the Enterprise Land Management (ELM) system. The City entered into an agreement with Accela Inc. in 2016 for the purchase and implementation of an Enterprise Land Management (ELM) system that will replace several disparate databases utilized by Building, Planning, Code Enforcement, Business License, Urban Runoff, Engineering, and Fire Inspections. The new system will not only replace existing disparate systems, it will also integrate and modernize business processes to a standardized way of handling land management activities, while also providing greater features and online functionality to enhance customer service. To provide better customer service, implement efficiencies, and enhance user experience, several complex requirements were identified during the discovery and configuration that had to be developed by vendors. Moving from decentralized land management business practices and several disparate databases to a single, fully integrated enterprise system required complex functionality and multiple features, as well as changes to existing business processes. Although the functional requirements for the project were developed and amended to the contract, numerous modifications were needed in order to meet the needs of the City. Additionally, of the 30 staff leads assigned to this project, 13 of these members have either left the City or were reassigned requiring retraining and knowledge transfer to new staff members throughout the project. A combination of staffing changes, scheduling challenges, configuration and product development time have resulted in gradual progress but an extension to the overall project timeline to February 2020. Extending the project timeline will allow for staff to properly test all outstanding items required for cutover and a successful go-live. In the meantime, the City is in the process of negotiating financial concessions from Accela Inc. to address the impact of the delays on the project and ensure project success. The attached amendment with Go-Live Technology, Inc. and the contract with IK Consulting will assist in the completion of all outstanding items and successful cutover from the existing system to the new system. Environmental Status: City of Huntington Beach Page 2 of 3 Printed on 8/28/2019 powered7c3t,LegistarT"" File #: 19-926 MEETING DATE: 9/3/2019 Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. IK Consulting Group - Professional Services Contract 2. Go-Live Technology - Amendment 2 Professional Services Agreement 3. Go-Live Technology - Amendment 1 Professional Services Agreement 4. Go-Live Technology - Original Professional Services Contract City of Huntington Beach Page 3 of 3 Printed on 8/28/2019 powered7rA•LegistarTl PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IK CONSULTING, LLC FOR PROJECT MANAGEMENT AND IMPLEMENTATION SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and IK CONSULTING, LLC, an Arizona Limited Liability Company hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform project management and implementation services for Accela Automation implementation; 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 perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. 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 Melissa Kern who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 9-7937/2 1 1295 agree/surfnet/professional svcs mayor I of 11 5/19-204082 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on September 3 , 2019 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are 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 "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Eighty Thousand Dollars ($180,000). 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 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 19-7937/211295 agree/surfnet/professional Svcs mayor 2 of 11 5/19-204082 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, 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 or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. 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 or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, 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 or employees except such loss or 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 are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 1 9-793 7/2 1 1 295 agree/surfnet/professional svcs mayor 3 of 11 5/19-204082 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 19-7937/211295 agree/surfnet/professional svcs mayor 4 of 11 5/19-204082 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 or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period 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 this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required 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 forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time 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 prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required 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 19-7937/211295 agree/surfnet/professional svcs mayor 5 of 11 5/1 9-2040 8 2 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or 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 requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein 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 other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 1 9-793 7/21 1295 agree/surfnet/professional sves mayor 6 of 11 5/19-204082 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work.hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written 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 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights 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 nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or 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 prepaid, 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 carrier or U. S. certified mail-return receipt requested: 1 9-7937/2 1 1 295 agree/surfnec/professional svcs mayor 7 of 11 5/19-204082 TO CITY: TO CONSULTANT: City of Huntington Beach Melissa Kern ATTN: Behzad Zamanian Managing Partner/Owner 2000 Main Street IK Consulting, LLC Huntington Beach, CA 92648 P. O. Box 17661 Tucson, AZ 85731 520-891-5376 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver 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 phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative 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 provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent 19-7937/211295 agree/surfnet/professional svcs mayor 8 of 11 5/19-204082 upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision 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 original of this Agreement and one or more copies hereto have been prepared 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 party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment"verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 19-7937/211295 agree/surfnet/professional svcs mayor 9 of 11 5/19-204082 . 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 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 California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 19-7937/211295 agree/surfnet/professional sves mayor 10 of 11 5/19-204082 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council, This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a Melissa Kern municipal corporation of the State of IK Consulting, LLC California i I B � N' Mayor Y print name ITS: (circle one)Chairman/PresidentNice President City Clerk AND INITIATED AND PPROVED: By: hief Information fficer I print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. REVIEWED AND APPROVED: Secretary-Treasurer City Manager COUNTERPART APPROVED AS TO FORM: City Attorney r 19-7937/211295 agree/surfact/professional svcs mayor 11 of 1 I ' 5/19-204082 i 3 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a Melissa Kern municipal corporation of the State of IK Consulting, LLC California By: or Q l� print name ITS: (circle one)Chairman/President/Vice President City Clerk AND ;INITIATED AND PPROVED: By: Chief Information fficer print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. REVIEWED AND APPROVED: Secretary-Treasurer ity Manager COUNTERPART APPROV City Atto ey kW 19-7937/211295 agree/surfnet/professional svcs mayor 11 of 11 5/19-204082 Exhibit A o-n ult ign U COHB Gluote0819GL Consulting Services—Additional UAT Discovery $9,315.00 • Items 2 - 10, 12, 18-20, 22, 27 on the Change Management Log [25 Hours] • Business License Over-the-Counter Amendment Processing and Change Management Report: Item 13, Change Management Log [20 Hours] • Additional 3 Days Train the Trainer [24 Hours] Consulting Services—Additional Reports $33,345.00 • 24 Reports for Analysis and Configuration (need to complete analysis to determine if some reports can be combined and/or eliminated) [247 Hours] 0 2 Building [5 Hours] 0 9 Licenses [46 Hours] 0 9 Cashiering [120 Hours] 0 2 Engineering [45 Hours] 0 2 Urban Runoff [31 Hours) Consulting Services—Additional Scripts $7,290.00 • 8 Scripts Marked "Future" for Configuration and Testing [33 Hours] • EDR Scripts [21 Hours] Consulting Services— Data Conversion Assistance $1,350.00 • Assistance with CityView Licensing Cleanup [10 Hours] Consulting Services— Fire Items $96,555.00 • Items 11, 14-17, 21, 23-26, 28, 29 on the Change Management Log [135 Hours] • 1 Script Marked "Future" for Configuration and Testing [12 Hours] • Fire Support: 8 Hours/Week [160 Hours @ Reduced Rate of $120/Hour] • CityGov/ Accela Mobile Support [10 Hours] • Assistance with Harbor Data Conversion [15 Hours] • 23 Reports for Analysis and Configuration (need to complete analysis to determine if some reports can be combined and/or eliminated) [401 Hours] Estimated Investment: $147,855.00 Continued on Page 2. August 6, 2019 City of Huntington Beach, CA Page 1 Confidential&Proprietary to IK Consulting,LLC. PO Box 17661 • Tucson, AZ 85731 • Voice: (520) 891-5376 • Fax: (520) 733-6282 Exhibit A K5- ign o-n 5- COHB Ouote0819GL Note: This is a time and materials quote at an hourly rate of$135/hour (unless otherwise specified), which means that the City will be billed for actual time worked. The terms and condition incorporated in the City of Chino contract are applicable to the agreement between the City of Huntington Beach and IK Consulting, LLC for this proposal. PAYMENT TERMS Payment for Consulting will be at billed on a monthly basis, based on hours completed the previous month. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to. Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable, these taxes will then need to be added to the proposed pricing. Quote valid for 90 days from date of quote. Acceptance and Authorization Date Authorized Signature for City of Huntington Beach, CA August 6, 2019 City of Huntington Beach, CA Page 2 Confidential&Proprietary to lK Consulting,LLC. PO Box 17661 • Tucson, AZ 85731 9 Voice: (520) 891-5376 9 Fax: (520) 733-6282 Exhibit A EalfiAlLED City of 1 Santa Rosa August 13, 2013 Melissa Kem, Managing Partner/Owner IK Consulting, LLC P.O. Box 17661 Tucson, AZ 85731 CITY OF SANTA ROSA AGREEMENT NO. F000600 ACCELA AUTOMATION PROJECT MANAGEMENT AND IMPLEMENTATION CONSULTING SERVICES On July 30, 2013, the City Council, by resolution, approved stafrs recommendation to award the above referenced Agreement to your firm. Enclosed for your records is a copy of the executed Agreement No. F000600. Please note that this agreement number should be referenced on all invoices and associated correspondence. The City has also approved the contract certificates of insurance submitted by your firm. Therefore, this letter is your Notice to Proceed with work under this agreement as of August 13, 2013. The City appreciates your cooperation with the City's contract award process and looks forward to a successful contract with IK Consulting, LLC. Please g' call at 707-543-3706 with any questions. f IM WRIGHT f Purchasing Agent JWW c: Cathy Haralson, Accounting Services Supervisor Brian Tickner, IT Section Manager Enclosures G:\Purchasing\Contracts\Contracts1F000600.1K NTP.doc PURCHASING FINANCE DEPARTMENT 635 First Street•Santa Rosa,CA 95404 Phone: 707-543-3700•Fax: 707-543-3703 www.srchy.org Exhibit A CITY OF SANTA ROSA PROFESSIONAL SERVICES AGREEMENT WITH IK CONSULTING LLC AGREEMENT NUMBER ��00610 This "Agreement" is made as of this 30th day of July , 2013, by and between the City of Santa Rosa, a municipal corporation ("City"), and IK Consulting, LLC, an Arizona Limited Liability Company, ("Consultant"). RECITALS A. City desires project management and implementation services for Permits Plus to Accela Automation Upgrade. B. City desires to retain a qualified firm to conduct the services described above in accordance with the Scope of Services as more particularly set forth in Exhibit A to the Agreement. C. Consultant represents to City that it is a firm composed of highly trained professionals and is fully qualified to conduct the services described above and render advice to City in connection with said services. D. The parties have negotiated upon the terms pursuant to which Consultant will provide such services and have reduced such terms to writing. AGREEMENT NOW, THEREFORE, City and Consultant agree as follows: 1. SCOPE OF SERVICES Consultant shall provide to City the project management and implementation services described with further particularity in the City's Request for Proposals 12-39 Project Management and Implementation Consulting Services for Permits Plus to Accela Automation Upgrade dated November 5, 2012, Consultant's proposal dated December 3, 2012, of which are attached hereto as (Exhibits A and B (in order of precedence) which are incorporated by reference as though fully set forth, and in accordance with the provisions of this Agreement. Exhibits A and B are attached hereto solely for the purpose of defining the manner and scope of services to be provided by CONSULTANT hereunder and are not intended to, and shall not be construed so as to, modify or expand the terms, conditions or provisions contained in this Agreement. In case of any conflict between the terms of these documents, the terms of this Agreement shall control and prevail. The parties agree that any term contained in Exhibit B that adds to, varies or conflicts with the terms of this Agreement is null and void. Exhibit A 2. COMPENSATION a. City shall pay Consultant for services rendered pursuant to this Agreement at the rates, times and in the manner set forth in Exhibit B. Consultant shall submit monthly statements to City which shall itemize the services performed as of the date of the statement and set forth a progress report, including work accomplished during the period, percent of each task completed, and planned effort for the next period. Invoices shall identify personnel who have worked on the services provided, the number of hours each worked during the period covered by the invoice, the hourly rate for each person, and the percent of the total project completed, consistent with the rates and amounts shown in Exhibit B. b. The payments prescribed herein shall constitute all compensation to Consultant for all costs of services, including, but not limited to, direct costs of labor of employees engaged by Consultant, travel expenses, telephone charges, copying and reproduction, computer time, and any and all other costs, expenses and charges of Consultant, its agents and employees. in no event shall City be obligated to pay late fees or interest, whether or not such requirements are contained in Consultant's invoice. G. Notwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all services to be performed hereunder shall in no event exceed the sum of two hundred seventy-four thousand eight hundred fifty seven dollars and no cents ($274,857.00). The City`s* Chief Financial Officer is authorized to pay all proper claims from IFAS Key 02060. 3. DOCUMENTATION; RETENTION OF MATERIALS a. Consultant shall maintain adequate documentation to substantiate all charges as required under Section 2 of this Agreement. b. Consultant shall keep and maintain full and complete documentation and accounting records concerning all extra or special services performed by it that are compensable by other than an hourly or flat rate and shall make such documents and records available to authorized representatives of City for inspection at any reasonable time. G. Consultant shall maintain the records and any other records related to the performance of this Agreement and shall allow City access to such records during the performance of this Agreement and for a period of four(4) years after completion of all services hereunder. 4. INDEMNITY Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials and agents ("Indemnified Parties") for all claims, demands, costs or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, Exhibit A interest, defense costs, and expert witness fees), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of City. 5. INSURANCE Consultant shall maintain in full force and effect all of the insurance coverage described in, and in accordance with, Attachment One, "Insurance Requirements." Maintenance of the insurance coverage set forth in Attachment One is a material element of this Agreement and a material part of the consideration provided by Consultant in exchange for City's agreement to make the payments prescribed hereunder. Failure by Consultant to (1) maintain or renew coverage, (ii) provide City notice of any changes, modifications, or reductions in coverage, or(iii) provide evidence of renewal, may be treated by.City as a material breach of this Agreement by Consultant, whereupon City shall be entitled to all rights and remedies at law or in equity, including but not limited to immediate termination of this Agreement. Notwithstanding the foregoing, any failure by Consultant to maintain required insurance coverage shall not excuse or alleviate Consultant from any of its other duties or obligations under this Agreement. In the event Consultant, with approval of City pursuant to Section 6 below, retains or utilizes any subcontractors or subconsultants in the provision of any services to City under this Agreement, Consultant shall assure that any such subcontractor has first obtained, and shall maintain, all of the insurance coverage requirements set forth in the Insurance Requirements at Attachment One. 6. ASSIGNMENT Consultant shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City, in City's sole and absolute discretion. Consultant agrees that the City shall have the right to approve any and all subcontractors and subconsultants to be used by Consultant in the performance of this Agreement before Consultant contracts with or otherwise engages any such subcontractors or subconsultants. 7. TERMINATION a. This Agreement may be terminated by either party by giving ten (10) days written notice to the other party of its intent to terminate the Agreement. b. Upon such termination, Consultant shall submit to City an itemized statement of services performed as of the date of termination in accordance with Section 2 of this Agreement. These services may include both completed work and work in progress at the time of termination. City shall pay Consultant for any services for which compensation is owed; provided, however, City shall not in any manner be liable for lost profits that might have been made by Consultant had the Agreement not been terminated or had Consultant completed the services required by this Agreement. Consultant shall promptly deliver to City all documents related to the performance of this Agreement in its possession or control. All such documents shall be the property of City without additional compensation to Consultant. Exhibit A 8. NOTICES Except as otherwise provided in this Agreement, any notice, submittal or communication required or permitted to be served on a party, shall be in writing and may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first-class postage, and addressed as indicated below, and depositing in the j United States mail to: City Representative: Consultant Representative: Brian Tickner Melissa Kern I.T. Application Services Manager Managing Partner/Owner City of Santa Rosa IK Consulting, LLC 90 Santa Rosa Ave—2"d Floor P.O. Box 17661 Santa Rosa, CA 95404 Tucson, AZ 85731 707-543-4370 Voice 620-891-6376 Voice 707-543-3126 Fax 520-733-6282 Fax btickner@srcity.org missy.kem@ikpartners.com 9. INDEPENDENT CONTRACTOR The parties intend that Consultant, in performing the services specified, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. Consultant, including Consultant's employees, shall not be considered agents or employees of City. Neither Consultant nor Consultant's employees shall be entitled to participate in any pension plan, medical, or dental plans, or any other benefit provided by the City for its employees. 10. ADDITIONAL SERVICES Changes to the Scope of Services shall be by written amendment to this Agreement and shall be paid on an hourly basis at the rates set forth in Exhibit B, or paid as otherwise agreed upon by the parties in writnng prior to the provision of any such additional services. 11. SUCCESSORS AND ASSIGNS City and Consultant each binds itself, its partners, successors, legal representatives and assigns to the other .party to this Agreement and to the partners, successors, legal representatives and assigns of such other party in respect of all promises and agreements contained herein. Exhibit A 12. TIME OF PERFORMANCE The services described herein shall be provided during the period, or in accordance with the schedule, set forth in Exhibit B. Consultant shall complete all the required services and tasks and complete and tender all deliverables to the reasonable satisfaction of City, not later than twenty-four months after the date of the Agreement above. 13. MISCELLANEOUS a. Entire Agreement. This Agreement contains the entire agreement between the parties. Any and all verbal or written agreements made prior to the date of this Agreement are superseded by this Agreement and shall have no further effect. b. Modification. No modification or change to the terms of this Agreement will be binding on a party unless in writing and signed by an authorized representative of that party. c. Compliance with Laws. Consultant shall perform all services described herein in compliance with all applicable federal, state and local laws, rules, regulations, and ordinances, including but not limited to, (i) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) ("ADA"), and any regulations and guidelines issued pursuant to the ADA; and (ii) Labor Code sections 1700-1775, which require prevailing wages (in accordance with DIR schedule at www.dir.ca.pov) be paid to any employee performing work covered by Labor Code sections 1720 et seq. Consultant shall pay to the City when due all business taxes payable by Consultant under the provisions of Chapter 6-04 of the Santa Rosa City Code. The City may deduct any delinquent business taxes, and any penalties and interest added to the delinquent taxes, from its payments to Consultant. i d. Governing Law; Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court in Sonoma County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such court. e. Conflict of Interest. The City's Conflict of Interest Code requires that individuals who qualify as "consultants" under the Political Reform Act, California Government Code sections 87200 et seq., comply with the conflict of interest provisions of the Political Reform Act and the City's Conflict of Interest Code, which generally prohibit individuals from making or participating in the making of decisions that will have a material financial effect on their economic interests. The term "consultant" generally includes individuals who make governmental decisions or who serve in a staff capacity. In the event that the City determines, in its discretion, that Consultant is a "consultant" under the Political Reform Act, Consultant shall cause the following to occur within 30 days after execution of this Agreement: (1) Identify the individuals who will provide services or perform work under this Agreement as "consultants," and (2) Cause these 6:/il Exhibit A individuals to file with the City's Representative the "assuming office" statements of economic interests required by the City's Conflict of Interest Code. Thereafter, throughout the term of the Agreement, Consultant shall cause these individuals to file with the City Representative annual statements of economic interests, and "leaving office" statements of economic interests, as required by the City's Conflict of Interest Code. The above statements of economic interests are public records subject to public disclosure under the California Public Records Act. The City may withhold all or a portion of any payment due under this Agreement until all required statements are filed. €. Waiver of Rights. Neither City acceptance of, or payment for, any service or performed by Consultant, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. g. Ownership and Use of Property Rights. Unless otherwise expressly provide herein, all original works created by Consultant for City hereunder shall be and remain the property of City. Consultant agrees that any patentable or copyrightable property rights, to the extent created for City as part of the services provided hereunder, shall be in the public domain and may be used by anyone for any lawful purpose. h. Incorporation of attachments and exhibits. The attachments and exhibits to this Agreement are incorporated and made part of this Agreement, subject to terms and provisions herein contained. 14. AUTHORITY; SIGNATURES REQUIRED FOR CORPORATIONS Consultant hereby represents and warrants to City that it is (a) a duly organized and validly existing [enter type of entity], formed and in good standing under the laws of the State of [enter state of formation for corporations, LPs and LLCs], (b) has the power and authority and the legal right to conduct the business in which it is currently engaged, and (c) has all requisite power and .authority and the legal right to consummate the transactions contemplated in this Agreement. Consultant hereby further represents and warrants that this Agreement has been duly authorized, and when executed by the signatory or signatories listed below, shall constitute a valid agreement binding on Consultant in accordance with the terms hereof. If this Agreement is entered into by a corporation, it shall be signed by two corporate officers, one from each of the following two groups: a) the chairman of the board, president or any vice-president; b) the secretary, any assistant secretary, chief financial officer, or any assistant treasurer. The title of the corporate officer shall be listed under the signature. Exhibit A Executed as of the day and year first above stated. CONSULTANT: CITY OF SANTA ROSA Name of Finn: [K Consulting, LLC, an a Municipal Corporation Arizona Limited Liability Company TYPE OF BUSINESS ENTITY(check one): By:��- � Individual/Sole Proprietor Partnership Print Name: Scott Bartley Corporation X Limited Liability Company Trtle: Mayor. Other(please specify: ) ATTEST: Signatures of Authorized Persons: —A Lk � A By:V1 �� ��_ Jerk LV Print Na �-- APPROVED AS TO FORM: Title. �a,..a1 Taxpayer I.D. No. 71-0883304 J Office of the City Attorney City of Santa Rosa Business Tax Cert. No. 8f8 C ' Attachments: Attachment One - Insurance Requirements Exhibit A -- City's Request for Proposals 12-39 Project Management and Implementation Consulting Services for Permits Plus to Accela Automation Upgrade dated November 5, 2012 Exhibit B— Consultant's proposal dated December 3, 2012 Exhibit A ATTACHMENT ONE INSURANCE REQUIREMENTS FOR AGREEMENTS FOR PROFESSIONAL SERVICES A. Insurance Policies: Consultant shall,at all times during the terms of this Agreement, maintain and keep in full force and effect, the following policies of insurance with minimum coverage as indicated below and issued by insurers with AM Best ratings of no less than A:VI or otherwise acceptable to the City. Insurance Minimum Coverage Additional Coverage Requirements Limits 1. Commercial general $ 1 million per Coverage must be at least as broad as liability occurrence ISO CG 00 01 and must include completed $2 million aggregate operations coverage. If insurance applies separately to a project/location,aggregate may be equal to per occurrence amount. Coverage may be met by a combination of primary and excess insurance but excess shall provide coverage at least as broad as specified for underlying coverage. 2. Business auto coverage $ 1 million ISO Form Number CA 00 01 covering any auto (Code 1),or If Consultant has no owned autos, hired, (Code 8)and non-owned autos (Code 9),with limit no less than $ 1 million per accident for bodily injury and property damage. 3. Professional liability $ 1 million per claim Consultant shall provide on a policy form (E&O) $ 1 million aggregate appropriate to profession. If on a claims made basis, insurance must show coverage date prior to start of work and.it must be maintained for three years after completion of work. 4. Workers' compensation $ 1.million As required by the State of California, with and employer`s liability Statutory Limits and Employer's Liability Insurance with limit of no less than$ 1 million per accident for bodily injury or disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors. B.Endorsements: 1. All policies shall provide or be endorsed to provide that coverage shall not be canceled,except after prior written notice has been provided to the City in accordance with the policy provisions. 2. Liability policies shall provide or be endorsed to provide the following: a. For any claims related to this project, Consultant's Insurance coverage shall be primary and any insurance or self-insurance maintained by City shall be excess of the Consultant's Exhibit A insurance and shall not contribute with it;and, b. The City of Santa Rosa, Its officers, agents, employees and volunteers are to be covered as additional insureds on the CGt.policy. General liability coverage can be provided in the form of an endorsement to Consultant's insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. C. Verification of Coverage and Certificates of Insurance: Consultant shall furnish City with original certificates and endorsements effecting coverage required above. Certificates and endorsements shall make reference to policy numbers. All certificates and endorsements are to be received and approved by the City before work commences and must be in effect for the duration of the contract. The City reserves the right to require complete coples of all required policies and endorsements. D. Other Insurance Provisions: 1. No policy required by this Agreement shall prohibit Consultant from waiving any right of recovery prior to loss. Consultant hereby waives such right with regard to the indemnitees. 2. All insurance coverage amounts provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage. Defense costs must be paid in addition to coverage amounts. 3. Self-insured retentions above $10,000 must be approved by the City. At the City's option, Consultant may be required to provide financial guarantees. 4. Sole Proprietors must provide a representation of their Workers' Compensation Insurance exempt status. 5. City reserves the right to modify these insurance requirements while this Agreement Is in effect, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special i circumstances. Exhibit A i i Exhibit B-1 Scope of Work Provide configuration and custom script development in Accela Automation for Filming Permits and Street Tree Removal Permits. Specifics include: 1. Filming Permits a. Email notifications i. Send email with permit details on"Accepted"status from application submittal. Email will be sent to events@ s rcity.o rp, but for testing purposes can be sent to tthompson@srcity.ore and dlcarahalios@srcity.org ii. Sound permit details emailed to police staff upon Approved in Review Consolidation.Same details as City Wide Special Events Permit. b. Report—Filming Permit i. Needs to be developed,copied from SP Event Permit for the base layout. ii. Conditions and event details should stay and new AS] Fields for Filming to be included. Dylan to mark up a report and identify missing fields. c. ACA Configuration i. After all AA changes have been made Dylan will make any needed tweaks to ACA configuration and labels using IKC expertise when needed. ii. IKC help needed for scripting to show/hide/require fields. d. AA Configuration i. Change"Agent"to"On-Site Contact" ii. Delete Production Type,not needed any more. iii. Ask Missy,does contact information have a website Rename Type of Filming to "Production Type" iv. Delete Room Nights v. Delete Expenditures vi. Delete Film title from Film title story summary vii. Application Name will be film title,change in ACA for customer viii. Story summary for the filming permit—put different"messages" in ACA,and put red text above the box,with more details-same form for all module items, based on record types. ix. On Production type,if other is selected,Category description is required. Hidden if not. x. Use of private property,yes or no radio button. 1. Add text that says, If yes, attach written consent from property owner xi. Event specific conditions on report need to feed from comments entered into Review consolidation workflow.Show on permit. xii. Filming Location details,ASIT 1. Address(not GIS validated)Start Date(Calendar) Page 1 of 2 6 Exhibit A i 2. Start Time(Drop down) 3. End Date 4. End Time 5. Interior/Exterior(radio button)Special Conditions(Text field) 6. Summarized Scenes (text field) xiii. Add ASI question,does filming involve use of City Park,yes no. If yes Select from the list 1. Copy It over from CWSE Permit xiv. ASI Table Components 1. Animals 2. Fireworks 3. Other fields,all copied over from CWSE xv. Change verbiage on mitigation of impact language to meet Tara's specs. e. Filming Policy Notes i. Fees not yet determined but to be incorporated later 2. Street Tree Removal Permits a. Report developed that mimics existing Street Tree Removal Permit I. Add one field to base report;"Number of replacement trees:##"##feeds from the number in ASI. ii. Notes field should be a text box field that staff can enter in comments,may be about the type of trees needing to be replaced,or special circumstances. Not sure if this should be a separate ASI Field or feed from notes in workflow. Field already created in ASI for it. iii. Approver field should fill from Staff Approver Field,Service number should fill from Service Number Field in ASI. b. ACA Configuration—ASI Should copy over pretty simply,Dylan to make any tweaks needed in ACA. c. Scripting needs for ACA configuration such as email for submittal being received,fee calculations for collection of fees. Page 2 of 2 Exhibit A I FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F000600 WITH IK Consulting, LLC This First Amendment to Agreement n mber F000600, dated July 30, 2013("Agreement") is made as of this�_day of � ��m , 2015, by and between the City of Santa Rosa, a municipal corporation ("City"), and I Consulting, LLC ("Consultant"). RECITALS A. City and Consultant entered into the Agreement for Consultant to provide project management and implementation services for Permits Plus to Accela Automation Upgrade. B_ City and Consultant now desire to amend the Agreement for the purpose of extending the time of performance and adding additional funding to enable Consultant to further assist the City with addressing post-live issues and additional needed functionality with the Accela Automation permitting and inspection software used at the City. AMENDMENT NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 2, Compensation Section 2(c) is amended to increase the compensation payable to Consultant under the Agreement by $50,000 to read as follows: "Notwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all tasks set forth above shall in no event exceed the sum of three hundred twenty four thousand eight hundred fifty seven dollars and no cents ($324,857).The City's Chief Financial Officer is authorized to pay all proper claims from Charge Number 02060-5320." 2. Section 12. Time of Performance The last sentence of Section 12 is amended to read as follows: "Consultant shall complete all the required services and tasks and complete and tender all deliverables to the reasonable satisfaction of City, not later than November 1, 2017" Page 1 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 Exhibit A All other terms of the Agreement shall remain in full force and effect. Executed as of the day and year first above stated. CONSULTANT: CITY OF SANTA ROSA a Municipal Corporation Name of Firm: lK Consulting, LLC TYPE OF BUSINESS ENTITY (check By: one): Print IndividuaUSole Proprietor Name: Partnership Corporation Title:__�� _X_Limited Liability Company Other (please specify: APPROVED AS TO FORM: Signatures of Authorized Persons: , ..� 4 f -- By� .,� Office of the City Attorney Print Name. 1- I r' I Title: City of Santa Rosa Business Tax Cert. No. Page 2 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 Exhibit A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F000600 WITH IK Consulting, LLC This Second Amendment to�greement num�r F000600, dated July 30, 2013 ("Agreement") is made as of this �_day of 2�0n:e , , 2016, by and between the City of Santa Rosa, a municipal corporation ("City"), and IK Consulting, LLC ("Consultant"). RECITALS A. City and Consultant entered into the Agreement for Consultant to provide project management and implementation services for Permits Plus to Accela Automation Upgrade. B. City and Consultant now desire to amend the Agreement for the purpose of adding additional funding to enable Consultant to further assist the City with additional needed functionality with the Accela Automation permitting and inspection software. AMENDMENT NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 1. Scope of Services Exhibit B to the Agreement is supplemented by Exhibit B-1 to this Amendment. 2. Section 2. Compensation Section 2(c) is amended to increase the compensation payable to Consultant under the Agreement by$5,000 to read as follows: "Notwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all tasks set forth above shall in no event exceed the sum of three hundred twenty nine thousand eight hundred fifty seven dollars and no cents ($329,857).The City's Chief Financial Officer is authorized to pay all proper claims from Charge Number 02060-5320; with the exception of invoices relating to Amendment 2, which will be paid from 140702-5320." Page 1 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 Exhibit A All other terms of the Agreement shall remain in full force and effect. Executed as of the day and year first above stated. CONSULTANT: CITY OF SANTA ROSA a Municipal Corporation Name of Firm: lK Consulting, LLC TYPE F BUSINESS ENTITY check B P O 13U ( y' one): Print e. Individual/Sole Proprietor Nam e: Partnership Corporation Title:LSE (117 ^X_Limited Liability Company Other(please specify, ) APPROVED AS TO FORM:. Signatures of Authorized Persons: .� Office o the City Attor ey e:Print Nam `-) Title: City of Santa Rosa Business Tax Cert. No. `l 1 C).4 Page 2 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 Exhibit A THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F000600 WITH IK Consulting, LLC This Third Amendment to Agreement numb F000600, dated July 30, 2013 ("Agreement") is made as of this 1: day of 2UI\, 2017, by and between the City of Santa Rosa, a municipal corporation ("City"), and lK Consulting, LLC("Consultant'). RECITALS A. City and Consultant entered into the Agreement for Consultant to provide project management and implementation services for Permits Plus to Accela Automation Upgrade. B. City and Consultant now desire to amend the Agreement for the purpose of extending the time of performance and adding additional funding to enable Consultant to further assist the City with addressing technical issues and additional needed functionality with the Accela Automation permitting and inspection software used at the City. AMENDMENT NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 2. Compensation Section 2(c) is amended to increase the compensation payable to Consultant under the Agreement by$45,000 to read as follows: "Notwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all tasks set forth above shall in no event exceed the sum of three hundred seventy four thousand eight hundred fifty seven dollars and no cents ($374,857.00). The City's Chief Financial Officer is authorized to pay all proper claims from various charge numbers." 2. Section 12. Time of Performance The last sentence of Section 12 is amended to read as follows: "Consultant shall complete all the required services and tasks and complete and tender all deliverables to the reasonable satisfaction of City, not later than June 30, 2018," Page 1 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 ; Exhibit A All other terms of the Agreement shall remain in full force and effect. Executed as of the day and year first above stated. i CONSULTANT: CITY OF SANTA ROSA a Municipal Corporatio Name of Firm: IK Consulting, LLC J I TYPE OF BUSINESS ENTITY (check By: r one): PrintJ�u���� Individual/Sole Proprietor Name: lr'Ld2�� 71 Partnership Corporation Title: X_Limited Liability Company Other(please specify: APPROVED AS TO FORM: Sigg@ttures of Authorized Persons: By: Office bf the City Attorney Print Name: Title: Manaain.c Partner City of Santa Rosa Business Tax Cert. No. 328394 Page 2 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 i I i FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F000600 WITH IK CONSULTING, LLC This Fourth Amendment to Agreement number F000600, dated July 30, 2013 ("Agreement") is made as of this day of , 2019, by and between the City of Santa Rosa, a municipal corporation ("City"), and IK Consulting, LLC ("Consultant"). RECITALS A. City and Consultant entered into the Agreement for Consultant to provide project management and implementation services for Permits Plus to Accela Automation Upgrade. B. City and Consultant now desire to amend the Agreement for the purpose of extending the time of performance and adding additional funding to enable Consultant to assist with upgrading the Accela Civic platform and Citizen Access portal to the current version, and continue assisting the City with addressing technical issues and additional needed functionality with the Acce[a Automation permitting and inspection software used at the City. AMENDMENT NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 2. Compensation Section 2(c) is amended to increase the compensation payable to Consultant under the Agreement by $50,000 to read as follows: "Notwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all tasks set forth above shall in no event exceed the sum of four hundred forty-seven thousand seven hundred forty-three dollars and no cents ($447,743.00), which is also inclusive of the $22,886 Contingency approved as part of the original 2013 Council Award, but was not reflected in the total on the original Agreement or previous Amendments. The City's Chief Financial Officer is authorized to pay all proper claims from various charge numbers." 2. Section 12. Time of Performance The last sentence of Section 12 is amended to read as follows: "Consultant shall complete all the required services and tasks and complete and tender all deliverables to the reasonable satisfaction of City, not later than June 30, 2022." Page 1 of 2 Amendment to Professional Services Agreement Farm approved by the City Attorney 8-8-14 Exhibit A All other terms of the Agreement shall remain in full force and effect. Executed as of the day and year first above stated. CONSULTANT: CITY OF SANTA ROSA a Municipal Corporation Name of Firm: IK Consulting, LLC TYPE OF BUSINESS ENTITY (check one). By: Print Individual/Sole Proprietor Name: Partnership Corporation Title: —X_Limited Liability Company Other(please specify: ) APPROVED AS TO FORM: Signatures of Authorized Persons: By: Office of the City Attorney Print Name: Title: City of Santa Rosa Business Tax Cert. No. 06518061 Page 2 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 Exhibit A K Co n u COHB Quote0819GL Consulting Services—Additional UAT Discovery $9,315.00 • Items 2 - 10, 12, 18-20, 22, 27 on the Change Management Log [25 Hours] • Business License Over-the-Counter Amendment Processing and Change Management Report: Item 13, Change Management Log [20 Hours] • Additional 3 Days Train the Trainer[24 Hours] Consulting Services—Additional Reports $33,345.00 • 24 Reports for Analysis and Configuration (need to complete analysis to determine if some reports can be combined and/or eliminated) [247 Hours] 0 2 Building [5 Hours] 0 9 Licenses [46 Hours] 0 9 Cashiering [120 Hours] 0 2 Engineering [45 Hours] 0 2 Urban Runoff [31 Hours) Consulting Services—Additional Scripts $7,290.00 • 8 Scripts Marked "Future" for Configuration and Testing [33 Hours] • EDR Scripts [21 Hours] Consulting Services— Data Conversion Assistance $1,350.00 • Assistance with CityView Licensing Cleanup [10 Hours] Consulting Services—Fire Items $96,555.00 • Items 11, 14-17, 21, 23-26, 28, 29 on the Change Management Log [135 Hours] • 1 Script Marked "Future" for Configuration and Testing [12 Hours] • Fire Support: 8 Hours/Week[160 Hours @ Reduced Rate of$120/Hour] • CityGov/Accela Mobile Support [10 Hours] • Assistance with Harbor Data Conversion [15 Hours] • 23 Reports for Analysis and Configuration (need to complete analysis to determine if some reports can be combined and/or eliminated) [401 Hours] Estimated Investment: $147,855.00 Continued on Page 2. August 6,.2019 City of Huntington Beach, CA Page 1 Confidential&Proprietary to 1K Consulting,LLC. PO Box 17661 • Tucson, AZ 85731 • Voice: (520) 891-5376 9 Fax: (520)733-6282 Exhibit A Co-n8u-1-d"ng COHl3 Guote0819GL Note: This is a time and materials quote at an hourly rate of$135/hour (unless otherwise specified), which means that the City will be billed for actual time worked. The terms and condition incorporated in the City of Chino contract are applicable to the agreement between the City of Huntington Beach and lK Consulting, LLC for this proposal. PAYMENT TERMS Payment for Consulting will be at billed on a monthly basis, based on hours completed the previous month. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to. Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable,these taxes will then need to be added to the proposed pricing. Quote valid for 90 days from date of quote. Acceptance and Authorization Date Authorized Signature for City of Huntington Beach, CA August 6,2019 City of Huntington Beach, CA Page 2 Conllde&lal&Proprietary to IK Consultlng,LLC. PO Box 17661 • Tucson,AZ 85731 • Voice:(520)891-5376 Pax: (520)733-6282 Exhibit A r vC g COHB Quote0819Fin Consulting Services $28,080.00 • Add a penalty fee of 1.5% compound monthly up to 90 days [175 Hours: includes three new fee codes (one at 30, one at 60 and one at 90 days -that would be utilized for the entire agency - one account code), creation and automation of three batch processes to run on any record type that would utilize this functionality (one at 30, one at 60, one at 90 days and one at 120), assessment of the penalty fee in the appropriate batch process, and a new field and scripting modifications to hold a current outstanding "billable" amount for each record type that processes monthly/annual invoices. At 120 days, provide an Excel export of remaining outstanding items. Batch at 120 days will invoice negative fee assessment for the outstanding "billable" amount and three negative penalty fees to a single "Sent to JDE"fee item, to remove the balance due from the Accela record -fee assessment only- no payments taken/no revenue recognition.] • Add due dates to records [8 Hours] • Add a Payment convenience fee for all debit and credit card payments made over the counter and on ACA (needs to be percentage based) [25 Hours: creation of a checkbox that could be checked by staff to assess a percentage fee on the current balance due on any record, and assess a single fee, to a single fee item/single account code for all modules, making the fee a part of the overall balance due. Staff would need to check this box if the expectation was this fee would be paid by debit/credit card, and would need to uncheck the box (and void/credit any already invoiced fee amount), if customer were to chose a different payment method.] Estimated Investment: $28,080.00 Note: This is a time and materials quote at an hourly rate of$135/hour (unless otherwise specified), which means that the City will be billed for actual time worked. The terms and condition incorporated in the City of Chino contract are applicable to the agreement between the City of Huntington Beach and IK Consulting, LLC for this proposal. Additionally, there was a request to quote the following item, and this is not possible. Accela revenue populates into the Audit Trail as collected, only when the payment has actually been received. Unless staff was to pay these items out with a payment type of Collection or To JDE (which would be a manual process), there is no way for me to change how Accela functions. This is a permitting software, and not an accounting software, and 1 can not change how the software posts payments. If you would like an additional payment method, it would not add any additional time to the above quote - that take literally less than a minute - but it would be a manual process for every item turned over the JDE. • Configure system to recognize the revenue at the time of billing, as opposed to upon payment received PAYMENT TERMS Payment for Consulting will be at billed on a monthly basis, based on hours completed the previous month. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to. Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable,these taxes will then need to be added to the proposed pricing. Quote valid for 90 days from date of quote. Acceptance and Authorization Date Authorized Signature for City of Huntington Beach, CA August 16, 2019 City of Huntington Beach, CA Page 1 Confidential&Proprietary to IK Consulting,LLC. PO Box 17661 9 Tucson, AZ 85731 ® Voice: (520) 891-5376 • Fax: (520) 733-6282 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See Attached Exhibit B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform 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 incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or 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 accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt 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, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 5. Any billings for extra work or additional services authorized in advance and in writing 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 rate charged for 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 from the ongoing performance of the remainder of this Agreement. 2 Exhibit B COHB Quote0819GL Consulting Services —Additional UAT Discovery $9,315.00 • Items 2 - 10, 12, 18-20, 22, 27 on the Change Management Log [25 Hours] • Business License Over-the-Counter Amendment Processing and Change Management Report: Item 13, Change Management Log [20 Hours] • Additional 3 Days Train the Trainer [24 Hours] Consulting Services —Additional Reports $33,345.00 • 24 Reports for Analysis and Configuration (need to complete analysis to determine if some reports can be combined and/or eliminated) [247 Hours] 0 2 Building [5 Hours] 0 9 Licenses [46 Hours] 0 9 Cashiering [120 Hours] 0 2 Engineering [45 Hours] 0 2 Urban Runoff [31 Hours) Consulting Services —Additional Scripts $7,290.00 • 8 Scripts Marked "Future" for Configuration and Testing [33 Hours] • EDR Scripts [21 Hours] Consulting Services — Data Conversion Assistance $1,350.00 • Assistance with CityView Licensing Cleanup [10 Hours] Consulting Services— Fire Items $96,555.00 • Items 11, 14-17, 21, 23-26, 28, 29 on the Change Management Log [135 Hours] • 1 Script Marked "Future" for Configuration and Testing [12 Hours] • Fire Support: 8 Hours/Week [160 Hours @ Reduced Rate of $120/Hour] • CityGov/Accela Mobile Support [10 Hours] • Assistance with Harbor Data Conversion [15 Hours] • 23 Reports for Analysis and Configuration (need to complete analysis to determine if some reports can be combined and/or eliminated) [401 Hours] Estimated Investment: $147,855.00 Continued on Page 2. August 6, 2019 City of Huntington Beach, CA Page 1 Confidential&Proprietary to IK Consulting,LLC. PO Box 17661 • Tucson, AZ 85731 • Voice: (520) 891-5376 • Fax: (520) 733-6282 Exhibit B c � f COHB Quote0819GL Note: This is a time and materials quote at an hourly rate of$135/hour (unless otherwise specified), which means that the City will be billed for actual time worked. The terms and condition incorporated in the City of Chino contract are applicable to the agreement between the City of Huntington Beach and IK Consulting, LLC for this proposal. PAYMENT TERMS Payment for Consulting will be at billed on a monthly basis, based on hours completed the previous month. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to. Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable, these taxes will then need to be added to the proposed pricing. Quote valid for 90 days from date of quote. Acceptance and Authorization Date Authorized Signature for City of Huntington Beach, CA August 6, 2019 City of Huntington Beach, CA Page 2 Confidential&Proprietary to lK Consulting,LLC. PO Box 17661 a Tucson, AZ 85731 9 Voice: (520) 891-5376 9 Fax: (520) 733-6282 Exhibit 6 ii----Kb= ig- Q-n 8� l COHB Quote0819Fin Consulting Services $28,080.00 • Add a penalty fee of 1.5%compound monthly up to 90 days [175 Hours: includes three new fee codes (one at 30, one at 60 and one at 90 days -that would be utilized for the entire agency-one account code), creation and automation of three batch processes to run on any record type that would utilize this functionality (one at 30, one at 60, one at 90 days and one at 120), assessment of the penalty fee in the appropriate batch process, and a new field and scripting modifications to hold a current outstanding "billable" amount for each record type that processes monthly/annual invoices. At 120 days, provide an Excel export of remaining outstanding items. Batch at 120 days will invoice negative fee assessment for the outstanding "billable" amount and three negative penalty fees to a single "Sent to JDE"fee item, to remove the balance due from the Accela record -fee assessment only - no payments taken/no revenue recognition.] • Add due dates to records [8 Hours] • Add a Payment convenience fee for all debit and credit card payments made over the counter and on ACA (needs to be percentage based) [25 Hours: creation of a checkbox that could be checked by staff to assess a percentage fee on the current balance due on any record, and assess a single fee, to a single fee item/single account code for all modules, making the fee a part of the overall balance due. Staff would need to check this box if the expectation was this fee would be paid by debit/credit card, and would need to uncheck the box (and void/credit any already invoiced fee amount), if customer were to chose a different payment method.] Estimated Investment: $28,080.00 Note: This is a time and materials quote at an hourly rate of$135/hour (unless otherwise specified), which means that the City will be billed for actual time worked. The terms and condition incorporated in the City of Chino contract are applicable to the agreement between the City of Huntington Beach and IK Consulting, LLC for this proposal. Additionally, there was a request to quote the following item, and this is not possible. Accela revenue populates into the Audit Trail as collected, only when the payment has actually been received. Unless staff was to pay these items out with a payment type of Collection or To JDE (which would be a manual process), there is no way for me to change how Accela functions. This is a permitting software, and not an accounting software, and I can not change how the software posts payments. If you would like an additional payment method, it would not add any additional time to the above quote - that take literally less than a minute - but it would be a manual process for every item turned over the JDE. • Configure system to recognize the revenue at the time of billing, as opposed to upon payment received PAYMENT TERMS Payment for Consulting will be at billed on a monthly basis, based on hours completed the previous month. IK Consulting, LLC expects payment to occur within 30 days of receipt of invoice unless otherwise agreed to. Sales Tax or any other applicable taxes are not included in any of this proposal's pricing information. If Sales tax or any other tax becomes applicable,these taxes will then need to be added to the proposed pricing. Quote valid for 90 days from date of quote. Acceptance and Authorization Date Authorized Signature for City of Huntington Beach, CA August 16, 2019 City of Huntington Beach, CA Page 1 Confidential&Proprietary to lK Consulting,LLC. PO Box 17661 • Tucson, AZ 85731 • Voice: (520) 891-5376 Fax: (520) 733-6282 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IK CONSULTING, LLC FOR PROJECT MANAGEMENT AND IMPLEMENTATION SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/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 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I 1 A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMroD1YYY1f) Fo /04/2019 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 policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED,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 CONTACT John Boughton San Tan Insurance PHONE(AAC N. 480-391-3883 FAx 480-391-9484 625 N Gilbert Rd.,Suite 107 LAnnRr-ss JFBou hton antaninsurance.net AFFORDING COVERAGE NAICE Gilbert AZ 85234 INSLIRER • Hartford Casualty Insurance Co INSURED INSURER B, IK Consulting,LLC P.O.Box 17661 INSURER D INSURER S Tucson AZ 85730 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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. ILTR NSR TYPE OF INSURANCE DDL POLICY EFF POLICY EXP LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 A CLAIMS-MADE �OCCUR DAMAGE TO RENTED 300,000 59SBAZM4677 12/0812018 12/08/2019 MED EXP one 10 000 PER$OP4AL&ADV INJURY $2,000,000 GEN-L AGGR LIMIT APPLIES PER: APPRO,,V±±EO AS TO GENERAL AGGREGATE s4,000,000 X POLICY JE& LOC � P MP/OP AGG s4,000,000 OTHER! BV:— s AUTOMOBILE LIABILITY M COMBINED SINGLE LIMIT $1 000 000 Ay AUTO CTfY ATTORNEY M CH BODILY INJURY(Per peroon) $ OWNED SCHEDULED 4�1Y HUNfINGTON AUTOS ONLY AUTOS 59SBAZM4677 12/08/2018 12/08/2019 BODILY INJURY(Par accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY 8 Noiglsi mm d0 Am $ 11{AM $ UMBRELLA LIAB OCCUR S�.I.dO ��II7f� EACH OCCURRENCE EXCESS LIAB WORKERS COMPENSATION wuw CK SW C13AILlad,319 X PER OTH- AND EMPLOYERS'LIABILITYrrr � LDEE��� E. EACH A 100 000A ICERMEMBER EXCLUDED? Y NIA 59WECGC6729 01108/2019 01108/2020 (Mandatory In NH) E I EMPLOYEE $100,000 f es.describe undeOpr r E,L DISEASE-POLICY LIMIT $500,000 $1,000,000 each Glitch Limit A Errors&Omissions Liability 59SBAZM4677 12/08/2018 12/0812019 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached N more space Is required) CERTIFICATE HOLDER CANCELLATION The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Mein St ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE _._(_ .<JFB� Phone:(714)536-5511 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CITY OF HUNTINGTON BEACH ,n Professional Service Approval ForMRECEIVED PART I AUG 27 ZON Date: 8/23/2019 Project Manager Name: Richard Chenette Finance Department Requested by Name if different from Project Manager: Behzad Zamanian Department: Information Services 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: Develop a professional services contract between the City of Huntington Beach and I Consulting Group 2) Estimated cost of the services being sought: $ 180,000 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. ❑ 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.) ® Yes ❑ No Fiscal S rvices Manager Signature (Purchasing Approval) Date 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): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 12740101.86000 $18 ,000 $ $ $ Budget Approval Date /2-7� Depa ead Signature(s) Date a ,0i C'NePinanciaj O Jcer Signature Da e Assistant CityManager's Signature Abate APPROVED DENIED ❑ City Manager's S gn ure Date professional service approval form-part i REV: February 2015 CITY OF HUNTINGTON BEACH 1 Professional Service Approval Form PART II Date: 8/27/2019 Project Manager: Richard Chenette Requested by Name if different from Project Manager: Behzad Zamanian Department: Information Services PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & II MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Ik Consulting Group 2) Contract Number: IS 3) Amount of this contract: $180,000 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 12740101.86000 $180,000 $ $ $ $ $ $ $ 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. g/Z 74 epartment Head Date Fiscal Services Manager(Purchasing) bate c � 071,191, Bu ature Date 6� g R a�I Chief Financial O (or designee) Signature 6ate professional service approval form - part ii City of Huntington Beach ` 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov B.:7 ,1 0%.P� Office of the City Clerk Robin Estanislau, City Clerk September 6, 2019 Melissa Kern Managing Partner/Owner IK Consulting, LLC P.O.17661 Tucson, AZ 85731 Dear Ms. Kern: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project Management and Implementation Services" approved by the Huntington Beach City Council on September 3, 2019. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Travis Hopkins, Acting Assistant City Manaper� C --- ` v . Date: September 3, 2019 Subject: SUPPLEMENTAL COMMUNICATION FOR AGENDA ITEM 16 This memorandum is to provide background information an update on the development and implementation plan for Agenda Item 16: "Approve a Professional Services Contract with IK Consulting for $180,000 for Project Management and Implementation Services, and, approve Amendment No. 2 to the Professional Services Agreement with Go-Live Technology for as-needed Information Technology Project Management Service for $135,000 to complete implementation of the citywide Enterprise Land Management (ELM)." The City performed a IT Strategic Plan the identified key systems for replacement. The upgrading of the ELM System was identified on this list and due to current systems offering automation for Land Management, Business License, Citizen Access, Mobility, and connectivity between multiple Departments providing enhanced opportunities for customer utilization via the internet and mobile devises. After a request for proposals and a indepth select process the Accela system was selected and a contract approved for system development and implementation in June of 2016. The effort to provide the automation of eight main City functions (Building, Planning, Code Enforcement, Business License, Fire Inspection, Engineering, Urban Runoff and Cashiering) required over 30 City staff project leads and several consultants. The following are the project resources and consultants utilized for the ELM project: • Accela Inc.: 80% of Implementation / Consulting services Installation and configuration.. Product development, product project management • IK Consulting: 20% of Implementation / Configuration Implementation consultant, contracted by City to fill gaps for City staff providing scripting, reports and staff augmentation. (COHB's 20%) • Go-Live Technology: Project Management & Oversight City's Project Manager Consultant responsible for managing city project resources, tracking tasks and managing the project deliverables. • COHB: 30 project leads from different departments responsible for process analysis and design, specification development, data conversion.. testing functionality, reports, and scripts. Financial Update On the May 16, 2016, City Council approved the purchase of a new land management system, Accela Automation to replacethe old CityView system for $3.2 million, including a 15 percent /,.�/o�p/9 �_��C�=7�'1LytJ%7¢� �/yJa7L�,i✓/�r��7�cJ contingency of $326,052. Funding sources identified were one-time: the Triple Flip Windfall received from the State for $2.0 million, $889,000 that was set-aside in the General Fund reserves from the 4% Automation Fee adopted by the City Council in 2002 designed to support costs associated with the City's permitting system, and finally $300,000 from AQMD Funds for a total of $3.2 million. To date, the City has spent $2.6 million of the Accela Automation contract. The balances will be utilized towards the final payment upon go-live and the continued professional staffing support that IK Consulting and Go Live offer. Sufficient funding is available to cover the project expenses through the go-live date. Accela Inc. for purchase and development of ELM software system Original Contract $3.2 million Amount Currently Expended $2.6 million 1 (1) Project projected for completion within budget and contract amount. Accela Inc. Annual Maintenance Year 1 $96,000 Year 2 $98,000 Year 3 $185,000 Future Years $195,000 IK Group Previous expenditures $171,000 Contract requested $180,000 1) (1) Contract on Sept. 3 City Council Meeting Agenda Go Live Technology Previous expenditures $296,000 (1), (2) Change order#2 $180,000 (3) (1) - $200,000 of this contract for implementation of the Utility Billing software and cashiering system. (2) Change Order Number 1 for $96,000 for Project Management of ELM project. (3) Contract Amendment on Sept. 3 City Council Meeting Agenda. Schedule Update The project is in the final steps of product acceptance and configuration of the system and preparing for testing and data conversion. The cut-over from the existing system and go-live roll out is February 2020. Staff is currently developing a Public Communication Plan that will help inform customers of the new ELM systems and provide education, training, and information on the use of the program. This will include contractor workshops, one-on-one help for registration on the system, customer focus groups, "how to" guides, and press releases. The following table provides the project progress and remaining tasks: Project Tasks %Complete Completion Initiation Workshops ✓ 100% March 2017 To-Be Analysis/ ✓ 100% July 2017 Documentation Solution Foundation (Record ✓ 100% July 2018 Configuration/Validation) Business Process Review 95% September 2019 (Scripting/Automation) Interfaces 50% October 2019 Data Conversion 80% September Test February 2020 Live Report Development 90% September 2019 System/ User Acceptance 85% November 2020 End User Training 0% January 2020 Go-Live 0% February 2020