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HomeMy WebLinkAboutIK Consulting, LLC - 2023-10-17 (2) ��NTINGTp�a 2000 Main Street, Huntington Beach,CA 92648 9 Cityof Huntington Beach .73 r g APPROVED 7-0 F�GUNTY CP��F File #: 23-775 MEETING DATE: 10/17/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Travis K. Hopkins, Assistant City Manager PREPARED BY: Grace Yoon-Taylor, Principal Management Analyst Javier Ballesteros, Sr. Information Technology Analyst Subject: Approve and Authorize execution of a Professional Services Agreement with IK Consulting, LLC for the Accela Citizen Access online permitting system improvement project and on-call project support 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. This system allows customers (residents, businesses, contractors and developers) to experience a streamlined process of submitting permit applications, checking the application status, performing payments, receiving permits, requesting inspections, and receiving final permit approvals. Since its launch, City staff has identified additional areas of improvements and online public access opportunities. The proposed on-call services contract with IK Consulting, LLC will provide the technical professional services needed to implement important upgrades and other future modifications. Financial Impact: The contract amount is not-to-exceed $400,000 for three years. Sufficient appropriations are available to fund the first year of the contract under the Fiscal Year 2023/24 Operating Budget, Non- Departmental Equipment Replacement's Business Unit 32440217.69365. Funding for Year 2 and Year 3 will be identified and included in subsequent years' budgets. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project Management and Implementation Services." City of Huntington Beach Page 1 of 3 Printed on 10/12/2023 powerenfi,Legistar1' File #: 23-775 MEETING DATE: 10/17/2023 Alternative Action(s): Do not approve the contract, and direct staff accordingly. Analysis: Background The City has 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 within Building, Code Enforcement, Business License, Fire Department permits and inspections, Engineering permits and inspection, Urban Runoff permits and inspections, and online payment processing. The Accela ELM system has enabled the City with multi-departmental integration, instant status updates, application submittals, inspection scheduling, and historical records research. By signing up through the ACA portal, customers can request permits, complete payments, check status updates, receive permits, request inspections, receive final permit approvals, and download relevant records such as Certificates of Occupancy - all electronically at any time. As a result, in Fiscal Year 2022/2023, Planning Division has reduced in-person visits to City Hall by 80% compared to pre- pandemic levels, by allowing 99% of all services to be available online. For this multi-phased, cross-department project development and implementation, the City entered into a professional services contract with IK Consulting, LLC in 2019 in an amount of$180,000 for their technical services. The contract was amended in 2020 to provide on-call services up to $300,000 for an additional scope of work that included but not was limited to continued system and functionality improvements for City staff and enhanced customer online access of documents and functions across multiple permit applications. This contract expired on September 2, 2023. Scope of Work for the City's Needs Accela ELM System Upgrade to Production System The Accela ELM system requires a systemwide upgrade to stay current with technology and provide several benefits and improvements to the functionality and efficiency of the system. The new version will address previously identified issues and provide a better customer experience to residents and developers processing permits online. The upgrade will also ensure that the land management system will remain compatible with other systems and newer hardware and ensure the continuity of receiving assistance and updates from the vendor, as needed. One-Stop-Shop Model Integration to Accela ELM System To integrate and implement a One-Stop-Shop model into existing the Accela ELM system, the City will be working closely with IK Consulting, LLC on various scopes of work, including but not limited to: • Configuration and set up of an online application for Standard Local Business License; Solicitor/Peddler Business License, Special Event License, Exempt Business License and Non -Profit Business License, Entertainment Permits, Massage Establishment Registrations, Bingo City of Huntington Beach Page 2 of 3 Printed on 10/12/2023 poweretag LegistarM File #: 23-775 MEETING DATE: 10/17/2023 Permits, and PD Permits, etc. • Creation of a new record type for Fortune Teller Permits, Taxi Cab Permits, Escort Permits, and modification of existing record type to work for all records, which provide more capability for amendments. • Update of existing Oil Taxes Quarterly and Annual Reports to allow automation of the existing manual process and online application and integration of notifications. • Update of existing reports to accommodate additional/updated data for various permit types. One-Call Technical Support The City team anticipates that additional upgrades and system improvements will be necessary to align with ever-evolving operational needs, customer needs, and regulatory compliance (e.g. integration Accela with Solar App+ to comply with SB379 to issue instant solar permits). Additionally, the Accela ELM will need to also transition to a cloud-based platform, which requires the consultant's technical expertise and services for project management and troubleshooting. As such, City staff requests to retain IK Consulting LLC to provide on-call technical support to the City's interdepartmental team for additional phases of Accela ELM in the next three years. Procurement& Contract The total contract amount is not-to-exceed $400,000 for a term of three years. It was negotiated based on the City staffs previous experience working with IK Consulting and their existing contract with other municipalities (i.e. City of Santa Rosa) per the Municipal Code 3.03.08(b). Please refer to the contact between the City of Santa Rosa and IK Consulting, LLC (Attachment 2). Council approval is being requested to fully execute this new contract agreement. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 3 - High Performing Organization, Strategy A - Establishing a One Stop Shop to bring development and other key services under one physical and virtual location to improve the customer service experience. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and IK Consulting, LLC for Project Management, Implementation and Upgrade Services 2. City of Santa Rosa Professional Services Agreement with IK Consulting, LLC and Amendment City of Huntington Beach Page 3 of 3 Printed on 10/12/2023 powerell4 i Legistar1' PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND IK CONSULTING, LLC FOR PROJECT MANAGEMENT, IMPLEMENTATION AND UPGRADE 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, 1K CONSULTING, LLC, a hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform a project management, implementation and upgrade services for Accela Automation.; 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. 23-13496/320409 1 of 12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on /cl/7-, 2023 (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 two (2) 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 Four Hundred Thousand Dollars ($400,000). 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 23-13496/320409 2 of 12 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." 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 23-13496/320409 3 of 12 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: "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. 23-13496/320409 4 of 12 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 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 23-13496/320409 5 of 12 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 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. 23-13496/320409 6 of 12 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 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. 23-13496/320409 7 of 12 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: TO CITY: TO CONSULTANT: City of Huntington Beach IK Consulting, LLC ATTN: City Manager ATTN: Melissa Kern 2000 Main Street 12350 E. Speedway Blvd. Huntington Beach, CA 92648 Tuscon, AZ 85748 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. 23-13496/320409 8 of 12 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 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 23-13496/320409 9 of 12 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. 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. 23-13496/320409 10 of 12 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 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. 23-13496/320409 11 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. 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, IK CONSULTING, LLC CITY OF HUNTINGTON BEACH, a municipal Melissa O. Digitally signed by Melissa O.Kern corporation of the State of California DN:cn=Melissa O.Kern,o=1K Consulting, LLC,ou=Managing Partner, Kern Date:2023.10.11n14109:23-07 00'm,c=US By: Mayor Melissa O. Kern, Managing Partner print name ITS: (circle one) Chairman/President/Vice City Clerk President INITIATED AND APPROVED: AND Constance C. Digitally signed by Constance C.Ingram ON:cn=Constance C.Ingram,o=1K Consulting, LLC,ou=Managing Partner, By: email=connie.ingram@ikcpartners.com,c=US Assistant City Manager JJ Ingram Date:2023.10.11 14:11:18-07'00' Constance C. Inaram, Managing Partner print-name ITS: (circle one) Secretary/Chief Financial REVIEWED AND APPROVED: Officer/Asst. Secretary- Treasurer City Manager APPROVED AS TO FORM: Lib City Attorney COUNTERPART 23-13496/320409 12 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. 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, IK CONSULTING, LLC CITY OF HUNTINGTON BEACH, a municipal corpora? the S e f C 'fornia By: Awkli,, /44,4,444) print name ITS: (circle one) Chairman/President/Vice City Clerk /%ZD President INITIATED AND APP VED: AND By: Assistant City Man er print name ITS: (circle one) Secretary/Chief Financial ' ‘, WED AND APPROVED: Officer/Asst. Secretary- Treasurer %hill� City age Vir APPROVE O . City Attorney COUNTERPART 23-13496/320409 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) SEE ATTACHED EXHIBIT A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A 11c, IK CONSULTING, LLC o Post Office Box 17661 Tucson, AZ 85731 (520) 891-5376 admin@ikcpartners.com www.ikcpartners.com ADDRESS Estimate IK-COHB0623_LicR1 Huntington Beach, CA Info Technologies 2000 Main Street DATE 08/17/2023 Huntington Beach, CA 92648-2702 ACTIVITY QTY RATE AMOUNT June 2023 Accela Citizen Access 40 145.00 5,800.00 Configuration and Setup of online application for Standard Local Business Licenses, including Retail, Professional Services, Wholesale/Manufacturing, Mobile Food Trucks, Apartments, Office Space Rentals, Coin Operated Vending and In-City CSLB Contractors. Utilize existing record,with creation of expressions to control fields available to the Citizens (based on the type of License being applied for). Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Solicitor/Peddler Business License. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Special Event License. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Exempt Business License. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Non-Profit Business License. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. EXHIBIT A & B ACTIVITY QTY RATE AMOUNT Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Entertainment Permits. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee config_uration Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Massage Registrations. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Bingo Permits. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration_ Accela Citizen Access 18 145.00 2,610.00 Configuration and Setup of online application for PD Permits. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Civic Platform Services 35 145.00 5,075.00 Creation of new record type for Fortune Teller Permits including all configuration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Utilize existing License/Permit workflow. Accela Civic Platform Services 55 145.00 7,975.00 Creation of new record type for Taxi Cab Permits (Company, Driver and Vehicle) including all configuration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Minor workflow changes may apply Accela Civic Platform Services 45 145.00 6,525.00 Creation of new record type for Sexually Oriented Business Permits including all configuration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Minor workflow changes may apply. Accela Civic Platform Services 45 145.00 6,525.00 Creation of new record type for Escort Permits (Service and Employee) including all configuration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Minor workflow changes may apply. Accela Civic Platform Services 40 145.00 5,800.00 Modification of existing Amendment record type to work for all Records that allow amendment to existing License. Creation of necessary expressions to control the data allowed, based on type of License being amended. Addition of scripting to move data to parent record, upon Approval utilizing Accela provided functions to edit records (please note, depending on data being modified, some pieces of information may not be able to be modified via EMSE scripting;proper analysis is required to determine if there are limitations). ACTIVITY QTY RATE AMOUNT Accela Civic Platform Services 35 145.00 5,075.00 Update of existing Oil Taxes Quarterly records to allow automation of the existing manual process and online application via Citizen Access,via Batch processing. Integrate new Notifications for quarterly filing. Note: Quarterly and Annual filing work must be concurrent, so a shared Batch process can be utilized. Accela Civic Platform Services 35 145.00 5,075.00 Update of existing Oil Taxes Annual records to allow automation of the existing manual process and online application via Citizen Access,via Batch processing. Integrate new Notifications for Annual filing. Note: Quarterly and Annual filing work must be concurrent, so a shared Batch process can be utilized. Accela Civic Platform Services 60 145.00 8,700.00 User Acceptance Testing, additional meeting, single round of updates based on testing, minor additionally requested automation/scripting, as applies. Accela Reports 60 145.00 8,700.00 Update to existing reports to accommodate updated information for the various permits types. Up to 6 new basic (low complexity) reports for new records/permits, as applies. Up to 3 medium complexity reports for statistics of new records/permits, as applies. Staff responsible for identifying changes necessary on existing reports, as applies. Note: Citizen Access Setup includes the automation of custom data and workflow within the existing setup, creation of new pageflows, creation of scripting to control information and requirements, analysis/testing meetings, user acceptance testing and the final move to the PROD system. 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 through Expiration Date listed above. TOTAL $83,085.00 Accepted By Accepted Date 1_1(6, IK CONSULTING, LLC Post Office Box 17661 Tucson, AZ 85731 (520) 891-5376 admin@ikcpartners.com www.ikcpartners.com ADDRESS Estimate IK-COHB0723 Huntington Beach, CA Info Technologies 2000 Main Street DATE 07/29/2023 Huntington Beach, CA 92648-2702 EXPIRATION DATE 10/31/2023 ACTIVITY QTY RATE AMOUNT July 2023 Accela Civic Platform Services 30 145.00 4,350.00 Upgrade Non-Production TEST Environment to 23.1.x (start with copy-over from DEV)_ Accela Civic Platform Services 30 145.00 4,350.00 Upgrade Non-Production DEV Environment to 23.1.x (start with copy-over from PROD) Accela Civic Platform Services 35 145.00 5,075.00 Upgrade Production Environment to 23.1.x Accela Civic Platform Services 15 145.00 2,175.00 General Assistance for Testing/Troubleshooting Issues, as applies Payment for upgrades will be at billed upon completion of upgrade, and once login is possible. 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 through Expiration Date listed above. TOTAL $15,950.00 Accepted By Accepted Date EXHIBIT A & B ic. IK CONSULTING, LLC ic Post Office Box 17661 Tucson,AZ 85731 (520) 891-5376 admin@ikcpartners.com www.ikcpartners.com ADDRESS Estimate IK-COHB0923 Huntington Beach, CA Info Technologies 2000 Main Street DATE 09/18/2023 Huntington Beach, CA 92648-2702 EXPIRATION DATE 12/31/2023 IIIIIIIIIIII PROJECT Hourly Assistance (each hour) ACTIVITY QTY RATE AMOUNT September 2023 Accela Civic Platform Services 1 145.00 145.00 Hourly General Assistance for Configuration/Testing/Troubleshooting Issues, as assigned. 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 through Expiration Date listed above. TOTAL $145.00 Accepted By Accepted Date EXHIBIT A & B EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate 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 Exhibit B 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 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY and or otherwise arranged with CITY. 2. CONSULTANT shall be entitled to payment toward the fixed fee set forth herein in accordance with the following: SEE ATTACHED EXHIBIT B 3. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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 progress 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. 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. Exhibit B lcE IK CONSULTING,LLC Post Office Box 17661 Tucson,AZ 85731 (520) 891-5376 admin@ikcpartners.com www.ikcpartners.com ADDRESS Estimate IK-COHB0623_LicR1 Huntington Beach, CA Info Technologies 2000 Main Street DATE 08/17/2023 Huntington Beach, CA 92648-2702 ACTIVITY QTY RATE AMOUNT June 2023 Accela Citizen Access 40 145.00 5,800.00 Configuration and Setup of online application for Standard Local Business Licenses, including Retail, Professional Services, Wholesale/Manufacturing, Mobile Food Trucks, Apartments, Office Space Rentals, Coin Operated Vending and In-City CSLB Contractors. Utilize existing record, with creation of expressions to control fields available to the Citizens (based on the type of License being applied for). Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Solicitor/Peddler Business License. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Special Event License. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Exempt Business License. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Non-Profit Business License. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. EXHIBIT A & B ACTIVITY QTY RATE AMOUNT Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Entertainment Permits. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Massage Registrations. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 15 145.00 2,175.00 Configuration and Setup of online application for Bingo Permits. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration. Accela Citizen Access 18 145.00 2,610.00 Configuration and Setup of online application for PD Permits. Utilize existing record,with creation of expressions to control fields available to the Citizens. Minor modifications to existing custom fields data components, and no modifications to workflow or fee configuration_ Accela Civic Platform Services 35 145.00 5,075.00 Creation of new record type for Fortune Teller Permits including all configuration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Utilize existing License/Permit workflow. Accela Civic Platform Services 55 145.00 7,975.00 Creation of new record type for Taxi Cab Permits (Company, Driver and Vehicle) including all configuration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Minor workflow chap_ges may apply Accela Civic Platform Services 45 145.00 6,525.00 Creation of new record type for Sexually Oriented Business Permits including all configuration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Minor workflow changes may apply. Accela Civic Platform Services 45 145.00 6,525.00 Creation of new record type for Escort Permits (Service and Employee) including all configuration items and Citizen Access setup and configuration. Utilize existing components from current License records, and share from existing process, as applies. Creation of new Custom Fields group, and fee calculations, as applies. Minor workflow changes may apply. Accela Civic Platform Services 40 145.00 5,800.00 Modification of existing Amendment record type to work for all Records that allow amendment to existing License. Creation of necessary expressions to control the data allowed, based on type of License being amended. Addition of scripting to move data to parent record, upon Approval utilizing Accela provided functions to edit records (please note, depending on data being modified, some pieces of information may not be able to be modified via EMSE scripting; proper analysis is required to determine if there are limitations"._ ACTIVITY QTY RATE AMOUNT Accela Civic Platform Services 35 145.00 5,075.00 Update of existing Oil Taxes Quarterly records to allow automation of the existing manual process and online application via Citizen Access,via Batch processing. Integrate new Notifications for quarterly filing. Note: Quarterly and Annual filing work must be concurrent, so a shared Batch process can be utilized. Accela Civic Platform Services 35 145.00 5,075.00 Update of existing Oil Taxes Annual records to allow automation of the existing manual process and online application via Citizen Access,via Batch processing. Integrate new Notifications for Annual filing. Note: Quarterly and Annual filing work must be concurrent, so a shared Batch process can be utilized. Accela Civic Platform Services 60 145.00 8,700.00 User Acceptance Testing, additional meeting, single round of updates based on testing, minor additionally requested automation/scripting, as applies. Accela Reports 60 145.00 8,700.00 Update to existing reports to accommodate updated information for the various permits types. Up to 6 new basic (low complexity) reports for new records/permits, as applies. Up to 3 medium complexity reports for statistics of new records/permits, as applies. Staff responsible for identifying changes necessary on existing reports, as applies. Note: Citizen Access Setup includes the automation of custom data and workflow within the existing setup, creation of new pageflows,creation of scripting to control information and requirements, analysis/testing meetings, user acceptance testing and the final move to the PROD system. 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 through Expiration Date listed above. TOTAL $83,085.00 Accepted By Accepted Date ixIK CONSULTING,LLC o Post Office Box 17661 - Tucson, AZ 85731 (520) 891-5376 admin@ikcpartners.com www.ikcpartners.com ADDRESS Estimate IK-COHB0723 Huntington Beach, CA Info Technologies 2000 Main Street DATE 07/29/2023 Huntington Beach, CA 92648-2702 EXPIRATION DATE 10/31/2023 ACTIVITY QTY RATE AMOUNT July 2023 Accela Civic Platform Services 30 145.00 4,350.00 Upgrade Non-Production TEST Environment to 23.1.x (start with copy-over from DEV) Accela Civic Platform Services 30 145.00 4,350.00 Upgrade Non-Production DEV Environment to 23.1.x (start with copy-over from PROD) Accela Civic Platform Services 35 145.00 5,075.00 Upgrade Production Environment to 23.1.x Accela Civic Platform Services 15 145.00 2,175.00 General Assistance for Testing/Troubleshooting Issues, as applies Payment for upgrades will be at billed upon completion of upgrade, and once login is possible. 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 through Expiration Date listed above. TOTAL $15,950.00 Accepted By Accepted Date EXHIBIT A & B tibc, IK CONSULTING, LLC Post Office Box 17661 Tucson, AZ 85731 (520) 891-5376 admin@a ikcpartners.com www.ikcpartners.com ADDRESS Estimate IK-COHB0923 Huntington Beach, CA Info Technologies 2000 Main Street DATE 09/18/2023 Huntington Beach, CA 92648-2702 EXPIRATION DATE 12/31/2023 PROJECT Hourly Assistance (each hour) ACTIVITY QTY RATE AMOUNT September 2023 Accela Civic Platform Services 1 145.00 145.00 Hourly General Assistance for Configuration/Testing/Troubleshooting Issues, as assigned. 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 through Expiration Date listed above. TOTAL $145.00 Accepted By Accepted Date EXHIBIT A & B C.�r DATE(MM/DD/YYYY) ACC,1113 CERTIFICATE OF LIABILITY INSURANCE 11/29/2022 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 WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT John Boughton San Tan Insurance PHONE NSF t).480-391-3883 FAX NQJ•480-391-9484 625 N Gilbert Rd.,Suite 107 E-MAIL ADDRESS' JFBoughtongsantaninsurance.net INSURER(S)AFFORDING COVERAGE NAIC# _ Gilbert AZ 85234 INSURER A: Hartford Casualty Insurance Co INSURED INSURER B: IK Consulting,LLC INSURER C: P.O.Box 17661 INSURER D: INSURER E: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSn wvn POLICY NUMBER IMM/DD!YYYYI IMM/DD/YYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 DAMAGE TO A CLAIMS-MADE X OCCUR BEEMISES-(REaaccutreacc) S 300,000 59SBAZM4677 12/08/2022 12/08/2023 klED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY PROT LOC PRODUCTS-COMP/OP AGG $4,000,000 JEC OTHER: S AUTOMOBILE LIABILITY COMOINED SINGLE LIMIT S 2,000,000 .(Eaacrident) A ANY AUTO BODILY INJURY(Per person) $ - OWNED SCHEDULED 59SBAZM4677 12/08/2022 12/08/2023 BODILY INJURY(Per accident) S .— AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S x AUTOS ONLY X AUTOS ONLY (Per arrident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB --, CLAIMS-MADE AGGREGATE IDEO RETENTION$ S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE- FH Y I ANY PROPRIETOR/PARTNER/EXCCUTIVCII NIA 59WECGC6729 01(08/2022 01/09/2023 E.L.EACH ACCIDENT $1,000,000 A OFFICERIMEMBER EXCLUDED? N (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If Yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE.POLICY LIMIT $1,000,000 $1,000,000 each Glitch Limit A Errors&Omissions Liability 59SBAZM4677 12/08/2022 12/08/2023 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) APPROVED AS TO FORM t� By; MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH 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 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVEr Off— /eJ Phone: (714)536-5511 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 0 City of 1EM, 1LD1 Santa Rosa 0 August 13, 2013 Melissa Kern, 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 staff's 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.6IM WRIGHTT Purchasing Agent JWW c: Cathy Haralson, Accounting Services Supervisor Brian Tickner, IT Section Manager Enclosures G:1Purchasing\Contracts\ContractslF000600.I K.NTP.doc PURCHASING FINANCE DEPARTMENT 635 First Street•Santa Rosa,CA 95404 Phone: 707-543-3700•Fax: 707-543-3703 www.srcity.org • CITY OF SANTA ROSA PROFESSIONAL SERVICES AGREEMENT WITH 1K CONSULTINGr,LLC AGREEMENT NUMBER P'6000600 This "Agreement" is made as of this30th 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. • 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. .ln 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. c. 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, 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 (i) 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 tights 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. 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 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—2nd Floor P.O. Box 17661 Santa Rosa, CA 95404 Tucson, AZ 85731 707-543-4370 Voice 520-891-5376 Voice • 707-543-3126 Fax 520-733-6282 Fax btickner(a.srcitv.orq 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 writing 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. 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.qov) 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. • 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 • 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. f. 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. Executed as of the day and year first above stated. CONSULTANT: CITY OF SANTA ROSA Name of Firm: IK Consulting, LLC, an a Municipal Corporation Arizona Limited Liability Company TYPE OF BUSINESS ENTITY(check one): By:G�-Tcr• p') Individual/Sole Proprietor Partnership Print Name: Scott Bartley Corporation X Limited Liability Company Title: Mayor. Other(please specify: ) ATTEST: Signatures of Authorized Persons: • By: - � c��. Clerk Print Nam :\e 9 1-..ern APPROVED AS TO FORM: Title Q•,►����,,.��riBe dra Taxpayer I.D. No. 71-0883304 Office of the City Attorney City of Santa Rosa Business Tax Cert. No. Sfe`1~ f 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 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 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 CGL 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 copies 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 circumstances. SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F000600 WITH IK CONSULTING, LLC This Sixth Amendment to Agreement number F000600, dated July 30, 2013 ("Agreement") is made as of this 11 day of MAY , 2022, 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 annual upgrades to the Accela Civic platform and Citizen Access portal to the latest version, extending the permits available in the online Citizen Access portal, and continue assisting 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 $30,000 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 ninety-two thousand seven hundred forty-three dollars and no cents ($522,743.00). 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, 2024." Page 1 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 3. Section 15. Counterparts and Electronic Signatures. Section 15 (Counterparts and Electronic Signatures) is added to the Agreement after Section 14 (Authority; Signatures Required for Corporations) as follows: "Section 15. Counterparts and Electronic Signatures. This Agreement and future documents relating thereto may be executed in two or more counterparts, each of which will be deemed an original and all of which together constitute one Agreement. Counterparts and/or signatures delivered by facsimile, pdf or City-approved electronic means have the same force and effect as the use of a manual signature. Both City and Consultant wish to permit this Agreement and future documents relating thereto to be electronically signed in accordance with applicable federal and California law. Either Party to this Agreement may revoke its permission to use electronic signatures at any time for future documents by providing notice pursuant to the Agreement. The Parties agree that electronic signatures, by their respective signatories are intended to authenticate such signatures and to give rise to a valid, enforceable, and fully effective Agreement. The City reserves the right to reject any digital signature that cannot be positively verified by the City as an authentic electronic signature." 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 By: one): Print Jason Nutt Individual/Sole Proprietor Name: Partnership Assistant City Manager Corporation Title: _X Limited Liability Company Other (please specify: APPROVED AS TO FORM: Signatures of Authorized Persons: �Ieliffa a lam By: Melissa 0.Kern(May 10,202214:36 PDT) Jes (Nlay 11,202210.20 PD1 Office of the City Attorney Print Name: Melissa O. Kern Title: Managing Partner 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 IK Consulting / Santa Rosa - Amendment 6 to F000600 Final Audit Report 2022-05-11 Created: 2022-05-10 By: Tara Norman(TNORMAN@SRCITY.ORG) Status: Signed Transaction ID: CBJCHBCAABAAong3pkzYgyW30rX5Yrqp-og9hnbX4oGJ "IK Consulting / Santa Rosa - Amendment 6 to F000600" History r`j Document created by Tara Norman (TNORMAN@SRCITY.ORG) 2022-05-10-5:35:54 PM GMT E?f Document emailed to Melissa O. Kern (missy.kern@ikcpartners.com)for signature 2022-05-10-5:42:04 PM GMT ij Email viewed by Melissa O. Kern (missy.kern@ikcpartners.com) 2022-05-10-9:35:19 PM GMT A, Document e-signed by Melissa O. Kern (missy.kern@ikcpartners.com) Signature Date:2022-05-10-9:36:45 PM GMT-Time Source:server C'. Document emailed to Jessica Mullan (JMullan@srcity.org)for signature 2022-05-10-9:36:47 PM GMT t Email viewed by Jessica Mullan (JMullan@srcity.org) 2022-05-10-9:39:07 PM GMT O© Document e-signed by Jessica Mullan (JMullan@srcity.org) Signature Date:2022-05-11 -5:20:18 PM GMT-Time Source:server E Document emailed to Jason Nutt (jnutt@srcity.org)for signature 2022-05-11 -5:20:20 PM GMT t Email viewed by Jason Nutt (jnutt@srcity.org) 2022-05-11 -5:44:27 PM GMT CS© Document e-signed by Jason Nutt(jnutt@srcity.org) Signature Date:2022-05-11 -11:18:35 PM GMT-Time Source:server el Adobe Acrobat Sign 0 Agreement completed. 2022-05-11-11:18:35 PM GMT 12 Adobe Acrobat Sign o� \1 IING .� �;�•���•.o�v v City of Huntington Beach I it= - °° 2000 Main Street ♦ Huntington Beach, CA 92648 `` ; 1 a (714) 536-5227 • www.huntingtonbeachca.gov - ��6F".•%! :°'�'�`'��`�°�a� Office of the City Clerk coo. Air? 0;4" Robin Estanislau, City Clerk October 20, 2023 IK Consulting, LLC Attn: Melissa Kern 12350 E. Speedway Blvd. Tucson, AZ 85748 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, Implementation and Upgrade Services, approved by City Council on October 17, 2023. Sincerely, 94a2tu) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan t0, City ofF.,111Y3411,;#0, I .0 Santa Rosa F August 13, 2013 Melissa Kern, 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 staffs 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. A WRIGHT RIGHT T Purchasing Agent •I JWW c: Cathy Haralson, Accounting Services Supervisor Brian Tickner, IT Section Manager Enclosures G:\Purchasing\Contracts\Contracts\F000600.I1GNTP.doc PURCHASING FINANCE DEPARTMENT 635 First Street•Santa Rosa,CA 95404 Phone: 707.543.3700 0 Fax: 707-543-3703 www.srcity.org • 169 CITY OF SANTA ROSA PROFESSIONAL SERVICES AGREEMENT WITH IK CONSULTINGx_LLC AGREEMENT NUMBER I6-4000600 This "Agreement" is made as of this30th 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. 170 07 • 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. c. 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, 171 g 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 (i) 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, ail 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. 172 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 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—2nd Floor P.O. Box 17661 Santa Rosa, CA 95404 Tucson, AZ 85731 707-543-4370 Voice 520-891-5376 Voice • 707-543-3126 Fax 520-733-6282 Fax btickner( srcitv.orq missy.kern@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 writing 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. 173 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.gov) 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 1 taxes, from its payments to Consultant. • 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 174 C> • 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. f. 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. • 175 • Executed as of the day and year first above stated. CONSULTANT: CITY OF SANTA ROSA Name of Firm: IK Consulting, LLC, an a Municipal Corporation Arizona Limited Liability Company TYPE OF BUSINESS ENTITY(check one): By� �. n Individual/Sole Proprietor Partnership Print Name: Scott Bartley Corporation X Limited Liability Company Title: Mayor. Other(please specify: ) ATTEST: Signatures of Authorized Persons: ,AAA (It • beyy/1-9- By: i� t��. Clerk 'V ) t�t tm Print Nam : APPROVED AS TO FORM: Title: � Taxpayer I.D. No. 71-0883304 Office of the City Attorney City of Santa Rosa Business Tax Cert. No. Efei 4 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 • 176 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 177 l) 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 COL 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 copies 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 circumstances. 178 V SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F000600 WITH IK CONSULTING, LLC This Sixth Amendment to Agreement number F000600, dated July 30, 2013 ("Agreement") is made as of this 11 day of MAY , 2022, 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 annual upgrades to the Accela Civic platform and Citizen Access portal to the latest version, extending the permits available in the online Citizen Access portal, and continue assisting 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 $30,000 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 ninety-two thousand seven hundred forty-three dollars and no cents ($522,743.00). 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, 2024." Page 1 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 179 3. Section 15. Counterparts and Electronic Signatures. Section 15 (Counterparts and Electronic Signatures) is added to the Agreement after Section 14 (Authority; Signatures Required for Corporations) as follows: "Section 15. Counterparts and Electronic Signatures. This Agreement and future documents relating thereto may be executed in two or more counterparts, each of which will be deemed an original and all of which together constitute one Agreement. Counterparts and/or signatures delivered by facsimile, pdf or City-approved electronic means have the same force and effect as the use of a manual signature. Both City and Consultant wish to permit this Agreement and future documents relating thereto to be electronically signed in accordance with applicable federal and California law. Either Party to this Agreement may revoke its permission to use electronic signatures at any time for future documents by providing notice pursuant to the Agreement. The Parties agree that electronic signatures, by their respective signatories are intended to authenticate such signatures and to give rise to a valid,enforceable, and fully effective Agreement. The City reserves the right to reject any digital signature that cannot be positively verified by the City as an authentic electronic signature." 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 By: one): Print Jason Nutt Individual/Sole Proprietor Name: Partnership Assistant City Manager Corporation Title: _X_Limited Liability Company Other(please specify: ) APPROVED AS TO FORM: Signatures of Authorized Persons: Neiraira 0 !Cent By: !Masa O.Hem(May10,202214:35 PDT) J m Mutlan(Moy11,201210:20 PDT) Office of the City Attorney Print Name: Melissa O. Kern Title: Managing Partner City of Santa Rosa Business Tax Cert. No. 06518061 Page 2 of 2 Amendment to Professional Services Agreement Form approved by the City Attorney 8-8-14 180 1K Consulting / Santa Rosa - Amendment 6 to F000600 Final Audit Report 2022-05-11 Created: 2022-05-10 By: Tara Norman(TNORMAN@SRCITY.ORG) Status: Signed Transaction ID: CBJCHBCAABAAong3pkzYgyW30rX5Yrqp-og9hnbX4oGJ "IK Consulting / Santa Rosa - Amendment 6 to F000600" History 5 Document created by Tara Norman (TNORMAN@SRCITY.ORG) 2022-05-10-5:35:54 PM GMT E . Document emailed to Melissa O. Kern (missy.kern@ikcpartners.com)for signature 2022-05-10-5:42:04 PM GMT n Email viewed by Melissa O. Kern(missy.kern@ikcpartners.com) 2022-05-10-9:35:19 PM GMT &G Document e-signed by Melissa O. Kern(missy.kern@ikcpartners.com) Signature Date:2022-05-10-9:36:45 PM GMT-Time Source:server Er,. Document emailed to Jessica Mullan (JMullan@srcity.org)for signature 2022-05-10-9:36:47 PM GMT 5 Email viewed by Jessica Mullan(JMullan@srcity.org) 2022-05-10-9:39:07 PM GMT lt Document e-signed by Jessica Mullan (JMullan@srcity.org) Signature Date:2022-05-11-5:20:18 PM GMT-Time Source:server E . Document emailed to Jason Nutt(jnutt@srcity.org)for signature 2022-05-11-5:20:20 PM GMT 5 Email viewed by Jason Nutt(jnutt@srcity.org) 2022-05-11-5:44:27 PM GMT do Document e-signed by Jason Nutt(jnutt@srcity.org) Signature Date:2022-05-11-11:18:35 PM GMT-Time Source:server irj Adobe Acrobat Sign ,a, e Agreement completed. 2022-05-11-11:18:35 PM GMT el Adobe Acrobat Sign IOC)