HomeMy WebLinkAbout000880 Original Contract City of Port Angeles
Record #000880
RFP IT-1401
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF PORT ANGELES
AND
NexLevel Information Technology, Inc.
RELATING TO: PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made and entered into this day of March, 2015, by and between
THE CITY OF PORT ANGELES, a non-charter code city of the State of Washington,
(hereinafter called the "CITY") and NexLevel Information Technology, Inc., a California
Corporation authorized to do business in the state of Washington (hereinafter called the
"CONSULTANT").
WHEREAS, the CITY desires consulting assistance for the development of a detailed
Information Technology Strategic Plan.
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified
consulting firm to perform the Scope of Services as detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the
State of Washington for professional registration and/or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and ability
to perform the required work in accordance with the standards of the profession, and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and
appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms, conditions,
covenants, and agreements set forth below, the parties hereto agree as follows:
I SCOPE OF SERVICES
General Scope.
The scope of professional services to be performed and the results to be achieved by the
CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and
material necessary to accomplish the work.
The CITY may review the CONSULTANT'S services, and if they do not meet the Professional
Standard of Care the CONSULTANT shall make such changes as may be required by the
CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this
Agreement. Any changes made necessary due to causes outside the CONSULTANT'S
reasonable control shall be provided as an extra work herein.
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The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the standards of the engineering profession for similar services on similar
projects of like size and nature and in compliance with applicable federal, state and local laws.
The Scope of Services may be amended upon written approval of both parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, digital photos, or other presentations of
the work with the exception of those standard details and specifications regularly used by the
CONSULTANT in its normal course of business shall upon payment of all amounts rightfully
owed by the CITY to the CONSULTANT herein become the property of the CITY for use
without restriction and without representation as to suitability for reuse by any other party
unless specifically verified or adapted by the CONSULTANT. However, any alteration of the
documents, by the CITY or by others acting through or on behalf of the CITY, will be at the
CITY's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative
shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this agreement by both parties and
written direction to proceed from the CITY. The duration of the Agreement shall extend
through November 30, 2015. The work shall be completed in accordance with the schedule
set forth in the attached Exhibit C.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such
payment shall be full compensation for work performed, services rendered, and all labor,
materials, supplies, equipment and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and
profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the
attached Exhibit B.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall
detail the work, hours, employee name, and hourly rate; shall itemize with receipts and
invoices the non-salary direct costs, sub consultants, and outside services; shall indicate
the specific task or activity in the Scope of Service to which the costs are related; and shall
indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for the percentage of the project
that has been completed less the amounts previously paid.
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D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event
of a disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made after the completion
of the work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as
agreed to by the parties in writing.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation
and reimbursement under this Agreement, including labor, direct non-salary reimbursable
costs, sub consultant costs and outside services, shall not exceed the maximum sum of
$67,390. The estimated costs for each task are as set forth in the attached Exhibit B.
Allocated hours for task(s) may be modified upon mutual agreement between the two parties,
but in any event, the total payment to CONSULTANT shall not exceed $67,390.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Agreement is that of owner-independent contractor. The
CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by
the CITY to its employees. The CONSULTANT, as an independent contractor, has the
authority to control and direct the performance within the scope of work. The CONSULTANT
shall assume full responsibility for payment of all Federal, State, and local taxes or
contributions imposed or required, including, but not limited to, unemployment insurance,
Social Security, and income tax.
VIII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services
under this Agreement, shall be considered employees of the CONSULTANT only and not of
the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party as a consequence
of any negligent act or omission on the part of the CONSULTANT'S employees while so
engaged, on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY
employee without the CITY's written consent.
IX NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner which assures fair, equal and non-
discriminatory treatment of all persons, without respect to race, creed or national origin, or
other legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of
minorities protected by federal equal opportunity/affirmative action requirements; and,
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B. The CONSULTANT shall comply with all requirements of applicable federal, state or local
laws or regulations issued pursuant thereto, relating to the establishment of non-
discriminatory requirements in hiring and employment practices and assuring the service
of all persons without discrimination as to any person's race, color, religion, sex, Vietnam
era veteran status, disabled veteran condition, physical or mental handicap, or national
origin.
X SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement
without the written consent of the CITY.
B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT
for work to be performed pursuant to a subcontract, including procurement of materials
and equipment, each potential sub-consultant or supplier shall be notified by the
CONSULTANT of CONSULTANT's obligations under this Agreement, including the
nondiscrimination requirements.
XI CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party may
request changes in the Scope of Services. Such changes shall not become part of this
Agreement unless and until mutually agreed upon and incorporated herein by written
amendments to this Agreement executed by both parties.
XII EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in
connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and
minor revisions to satisfactorily completed work. Such work shall be considered as "Extra
Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not
be responsible for paying for such extra work unless and until the written supplement is
executed by both parties.
XIII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days
written notice to the CONSULTANT. Written notice will be by certified mail sent to the
CONSULTANT's designated representative at the address provided by the CONSULTANT.
As a condition precedent to termination for cause the CONSULTANT shall be given the
notice period to cure such cause and shall have failed to so cure.
B. In the event this Agreement is terminated prior to the completion of the work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that
are the property of the CITY pursuant to Section II above, shall be delivered to and
received by the CITY prior to transmittal of final payment to the CONSULTANT.
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XIV INDEMNIFICATION/HOLD HARMLESS
CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the
CONSULTANT in performance of this Agreement, except for injuries and damages caused by
the sole negligence of the CITY.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and
costs, including, but not limited to, reasonable attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused solely by
the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection
with the work performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified
above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense
shall be shared between the CONSULTANT and the CITY in proportion to their relative
degrees of negligence or willful misconduct and the right of indemnity shall apply for such
proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the
CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S
negligence. It is further specifically and expressly understood that the indemnification provided
herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a
third person set forth in RCW 51.24.035.
XV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the CONSULTANT, its agents,
representatives, employees or subcontractors.
No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance
CONSULTANT shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
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Coverage shall be written on Insurance Services Office (ISO)form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage; and,
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors, and
personal injury and advertising injury. The CITY shall be named as an insured under the
CONSULTANT's Commercial General Liability insurance policy with respect to the work
performed for the CITY; and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State
of Washington; and
4. Professional Liability insurance appropriate to the CONSULTANT's profession.
B. Minimum Amounts of Insurance
CONSULTANT shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The CONSULTANT's insurance coverage shall be primary insurance as respect
the CITY. Any insurance, self-insurance, or insurance pool coverage maintained
by the CITY shall be excess of the CONSULTANT's insurance and shall not
contribute with it.
2. The CONSULTANT shall provide CITY and all Additional Insureds with written
notice of any policy cancellation within two (2) business days of their receipt of
such notice.
3. Any payment of deductible or self-insured retention shall be the sole
responsibility of the CONSULTANT.
4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
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D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the CONSULTANT before commencement of the
work.
XVI APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and in the event of dispute the venue of any litigation brought hereunder shall be
Clallam County.
XVII EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior
written or oral understandings, and may only be changed by a written amendment executed by
both parties. The following exhibits are hereby made a part of this Agreement:
Exhibit A - Scope of Services
Exhibit B - Project Costs
Exhibit C - Project Schedule
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF PORT ANGELES APPROVED AS TO FORM:
IbI ' �2'
DAN McKEEN, CITY MANAGER WILLIAM E. BLOOR, CITY ATTORNEY
CONSULTANT ATTEST:
TERRY HACKELMAN J NNIF R VENEKLASEN
MANAGING PRINCIPAL CITY CLERK
NexLevel Information Technology, Inc.
6829 Fair Oaks Boulevard
Suite 100
Carmichael, California 95608
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EXHIBIT A
RFP IT-1401
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF PORT ANGELES
AND
NexLevel Information Technology, Inc.
Scope of Services
Strategic Plan deliverables will include, but are not limited to:
• Executive summary of discovery and recommendations tailored for City Council
• Executive summary of discovery and recommendations tailored for Directors and
Committee/Governance team
• Comprehensive documentation of discovery and recommendations
• Tactical plan outlining projects by priority that includes costs both initial and ongoing, staff
required for both initial implementation and sustainable management, and perceived benefits
and risk of successful implementation versus no implementation at all.
It is anticipated that the following would be performed, at a minimum:
Planning and Project Control
Conduct project planning meetings with City's project personnel coordinating this study. Meetings
should be held as needed to review progress, discuss current findings and issues, update the
project plan and timetable, and review next steps in the project. Monthly meetings of the
governance team during development are anticipated.
Assessment
Develop an understanding of the City's business environment and information technology needs by
conducting interviews with stakeholders at all levels of the organization. Evaluate the existing
technology environment of each department to include enterprise services and those specific to the
individual departments, service levels, and staffing to develop a realistic and comprehensive picture of
the City's current IT posture. Review the existing technologies and services to measure how they
meet the needs of the end users. Analyze the ability of current support systems to effectively
implement new technologies.
Strategic Plan Development
Present recommendations of the "future" technology environment based on the business priorities,
strategic initiatives and objectives that will cost-effectively support the organization. Facilitate
discussions with the IS Governance Team to identify and prioritize what applications, technologies
and services will be included in the plan that will bridge the gap between the current and future
environments.
1
Implementation Proiect Plan
Complete methodology for implementation and maintenance of strategic plan. Develop an
implementation plan that includes estimated timelines for implementing the Strategic Plan's
recommendations. Prepare an analysis of the one-time and recurring costs for implementing the
proposed changes and improvements.
Final Report
Prepare and present final report to the City orally and in written form.
Summary of Deliverables
Description Deliverables
Project Initiation Draft and final work plan
Kickoff Meeting Presentation
Project Workshops Assessment and prioritization Workshops
IT User Satisfaction Survey Results Detailed report outlining the results of the online User Satisfaction
Report Survey,including client results for each response compared with best
practices and peer agencies.
IT Assessment Report Comprehensive assessment report that provides detailed
information regarding the organization's IT service delivery practices
and processes. Report analyzes six specific areas including
Governance, Service Delivery,Application Support,Security,
Infrastructure,and Administration.
IT Project Portfolio Complete listing of recommended IT projects for the organization,
including project cost estimates and level of effort considerations.
IT Strategic Plan Compilation of the Assessment Report and IT Project Portfolio that
presents the information in a concise and readable format,with a
project implementation schedule over a multi-year period, including
costs and full impacts.
2
EXHIBIT B
RFP IT-1401
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF PORT ANGELES
AND
NexLevel Information Technology, Inc.
Proiect Costs
' a • • e
F
Phase 1–Initiate
1.1-Planning Meeting $165.00� 9 —$1,485
1.2 -Work Plan Development and Review $165.00 9 $1,485
1.3–Request Documents $165.00 4 $660
...
1.4--Kickof Meeting $165.00 10 I $1,6..50
_ . _ .. .... .......
Total Phase 1 321 $5,280
Phase 2–Analyze
2.1 Conduct"Voice of the User"Survey $165.00 ; 28 $4,620
2.2 Perform Business Technology Assessment $165.00 88 1 $14,520
2.3 Perform IT Assessment $165.00 52 $8,580
2.4-Deliver IT Assessment Report $165.00 30 $4,950
Total Phase 2 . 1981 $32,670
r Phase 3–Strategize
3.1-Prepare for Prioritization Workshop $165.00 I 60 $9,900
3.2-Conduct Prioritization Workshop $165.00 28 $4,620
3.3-Prepare ITSP _..._.__._...__........_.__......_...__...._..........__..........__.........................._.._....._.... $165.00 _.._........._..._..____.__48_J_..._., $7,920_:
Total Phase 3 . 136 $22,440
Total Not-to-Exceed Price 366 ! $60,390
Travel Costs
In addition to the not-to-exceed cost estimate provided above, NexLevel will incur
travel costs for our travel between Sacramento,California and Port Angeles. NexLevel
will bill travel costs based on actual expenses (e.g. air, car rental, hotel, food, etc.)that
will be supported by receipts and other documentation. We estimate total travel costs
of$7,000, and agree to a not-to exceed maximum of$7,000 for travel.
EXHIBIT C
RFP IT-1401
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF PORT ANGELES
AND
NexLevel Information Technology, Inc.
Proiect Schedule
Contract work is scheduled to begin April 27, 2015. Allowing 16 weeks for completion
produces an estimated completion date of October 30, 2015. As part of the initial
planning activities,the Consultant and the City will work to establish a completion date
upon which a final project work plan will be established. Flexibility to accelerate or
extend the proposed schedule based on the availability of City staff is an option.
&;
Weeks: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Project Time
4
3