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HomeMy WebLinkAbout04 - CC-4 - Professional Services Contract for Proj - 2/21/2017CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 21, 2017 ITEM NUMBER: CC -4 SUBJECT: PROFESSIONAL SERVICES CONTRACT FOR PROJECT MANAGER FOR PHASE I: LAND MANAGEMENT SYSTEM SELECTION DATE: FEBRAURY 8, 2017 FROM: DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: DANIEL INLOES, AICP SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: DANIEL INLOES, AICP SENIOR PLANNER daniel.inioes@costamesaca.gov RECOMMENDATION 1. Approve the Professional Services Agreement with Soft Resources Software Consulting, not to exceed $100,000. 2. Authorize the City Manager to sign the attached Professional Services Agreement with Soft Resources Software Consulting; and 3. Authorize the City Manager to sign the renewals of the approved Professional Services Agreement. BACKGROUND A land management system provides all departments access to information on the life cycle of planning and zoning applications, code enforcement cases, and engineering and building permits the City reviews to help regulate, maintain, and monitor its land resources. The City currently uses an older version of Accela's Permits Plus but this system will no longer be supported by the operating system and therefore requires replacement. A land management system is an essential tool that provides a communal data management system and graphic user interface to work interdepartmentally, in real time, on a variety of land related projects. This system also enables the City to evaluate development trends and track performance measures. ANALYSIS There are a variety of land management system software options on the market. The software options vary in how they store data, how they interface with users, what information they allow to be entered, how they produce reports, how much they cost to maintain, and what they provide for future functionality. This report recommends engaging a project management consultant with expertise in evaluating and selecting the best software solution tailored to the City's needs. This project management team will assess, what functionality is needed for the future, assist in generating a custom -fit request for proposal for a new land management system, provide a detailed analysis of the potential software proposals, and negotiate and review the software acquisition contract. Working with a professional software consulting team will ensure that our software selection process can move forward efficiently, allow stakeholders to make a well informed decision, and that the software we acquire will meet the current and future needs of the City. Attached is the Professional Services Agreement (PSA) with Soft Resources Software Consulting who will provide the project management services for the selection of a land management system. FISCAL ANALYSIS The costs associated with this contract and the costs of a future land management system can be recovered through fees and surcharges. LEGAL ANALYSIS The draft professional services agreement and purchase requisition have been reviewed and approved as to form by the City Attorney's Office. CONCLUSION Due to the need to update the current Land Management System, staff is seeking authorization to enter into contract with the Soft Resource Software Consulting as project management to assist the City in the selection of a new Land Management System. JAY TREVINO, AICP Development Services Department Consultant DANNIEL INLOES, AICP Senior Planner STEPHEN DUNIVENT Interim Finance Director SILVIA KENNERSON Management Analyst Attachment A: Professional Services Agreement Attachment B: Purchase Reauisition ATTACHMENT 1 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH SOFTRESOURCES, LLC THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 22nd day of February, 2017 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and SOFTRESOURCES, LLC, a Washington Limited Liability Company ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide project management services for software replacement, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the City's Request for Proposals ("RFP"), attached hereto as Exhibit "A," and Consultant's Response to City's RFP ("Consultant's Proposal"), attached hereto as Exhibit "B," both incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: SoftResources LLC PSA 17 (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non -Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C," attached hereto and made a part of this Agreement by this reference (the 2 SoftResources LLC PSA 17 — "Fee Schedule"). Consultant's total compensation shall not exceed One Hundred Thousand Dollars ($100,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of Twelve (12) months, ending on February 21, 2018, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by Four (4) additional One (1) year periods upon mutual written agreement of both parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated 3 SoftResources LLC PSA 17 by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for 4 SoftResources LLC PSA 17 — L)- the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The 5 SoftResources LLC PSA 17 certificates of insurance shall be attached hereto as Exhibit "E" and incorporated herein by this reference. 5.5. Non -Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: SoftResources, LLC 11411 NE 1241h St., Suite 270 Kirkland, WA 98034 Tel: (425) 216-4030 Attn: Spencer Arnesen, CPA Principal Email:sarnesen@softresources.com 0 IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (714) 754-5088 Attn: Daniel Inloes Courtesy copy to: SoftResources LLC PSA 17 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: Finance Dept.1 Purchasing 6.5. Drug -Free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "F" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and 7 SoftResources LLC PSA 17 —Ci — replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, 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 are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without 8 SoftResources LLC PSA 17 � C% ._ liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Notwithstanding the above, Consultant retains ownership of any tools, templates, and information that Consultant developed independently of this project and uses for many clients. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 9 SoftResources LLC PSA 17 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.24. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 10 SoftResources LLC PSA 17 -12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CONSULTANT Signature [Name and Title] CITY OF COSTA MESA Katrina Foley Mayor ATTEST: Brenda Green City Clerk APPROVED AS TO FORM: Thomas Duarte City Attorney APPROVED AS TO INSURANCE: Ruth Wang Risk Management 11 Date: Social Security or Taxpayer ID Number Date: Date: Date: SoftResources LLC PSA 17 APPROVED AS TO CONTENT: Daniel Inloes Project Manager DEPARTMENTALAPPROVAL: Tamara Letourneau Development Services APPROVED AS TO PURCHASING: Stephen Dunivent Interim Finance Director Date: Date: Date: 12 —1,4— SoftResources LLC PSA 17 EXHIBIT A REQUEST FOR PROPOSALS RFP#17-05-CO1340 REQUEST FOR PROPOSAL FOR PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM RFP No. 17-05 Costa Mesa Development Services Department CITY OF COSTA MESA Released on November 2, 2016 Pagel of33 RFP# 17-05-001340 REQUEST FOR PROPOSAL FOR PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM The City of Costa Mesa (hereinafter referred to as the "City") is requesting Proposals from qualified public entity or private firms (hereinafter referred to as "Proposer"). The awarded Contractor, (hereinafter referred to as "Contractor") in accordance with the Sample Professional Service Agreement terms, conditions, and scope of work "Appendix A". Prior to submitting a Proposal, Proposers are advised to carefully read the instructions below, including the Sample Professional Service Agreement and any solicitation attachments/exhibits. The term is expected to be for one (1) year with two (2) one-year options to renew. I. GENERAL INFORMATION The City of Costa Mesa is a general law city, which operates under the council/manager form of government with an annual General Fund budget of over $119 million and a total budget of over $154 million for fiscal year 2015- 2016. The City of Costa Mesa, incorporated in 1953, has an estimated population of 110,757 and has a land area of 16.8 square miles. It is located in the northern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine. The City is a "full service city" providing a wide range of services. These services include: police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs. The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest commercial activity center in the City. The volume of sales generated by South Coast Plaza secures its place as the highest volume regional shopping center in the nation. The successful Proposer, shall have at least five years of prior experience on similar types of projects. All Proposers responding to this Request for Proposal (RFP) will be evaluated on the basis of their expertise, prior experience on similar projects, demonstrated competence, ability to meet the project schedule, adequate staffing, reference check, project understanding, cost and responsiveness to the needs and concerns of the City of Costa Mesa. 1. Important Notice: The City has attempted to provide all information available. It is the responsibility of each Proposer to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. Proposers are not to contact other City personnel with any questions or clarifications concerning this Request for Proposal (RFP). The City's Purchasing Department contact set out in RFP, Section II, Subsection 2, Inquires, will provide all official communication concerning this RFP. Any City response relevant to this RFP other than through or approved by City's Purchasing Department is unauthorized and will be considered invalid. Page 2 of 33 — 1-1 — RFP#17-05-C01340 If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on the City's website at www.costamesaca.gov. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City's Purchasing Department. It is the responsibility of each Proposer to periodically check the City's website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information. 2. Schedule of Events: This Request For Proposal shall be governed by the following schedule: Release of RFP November 2, 2016 Deadline for Written Questions November 8, 2016 at 11:00 a.m. Responses to Questions Posted on Web November 10, 2016 Proposals are Due November 17, 2016 at 11:00 a.m. Interview (if held) November 28 — 30, 2016 Approval of Contract TBD "All dates are subject to change at the discretion of the City. II. GENERAL INSTRUCTIONS AND PROVISIONS 1. Proposal Format Guidelines: Interested entities or contractors are to provide the City of Costa Mesa with a thorough Proposal using the following guidelines: Proposal should be typed and should contain no more than 20 typed pages using a 12 -point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, graphic exhibits and pricing forms. Each Proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following Proposal sections are to be included in the Proposer's response: Vendor Application Form and Cover Letter: Complete Appendix B, Forms and attach this form to the cover letter. A cover letter, not to exceed three pages in length, should summarize key elements of the Proposal. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor's office located nearest to Costa Mesa, California, and the office from which the project will be managed. Background and Project Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Attachment A, Scope of Work, of this RFP. • Company Experience and Capabilities: a. Identify the years of experience your firm and the principals who will be assigned to work with the City have in providing project manager services for governmental agencies. Please indicate years of experience both on a firm and an individual basis. Page 3 of 33 Fs RFP#17-05-C01340 b. Identify the number of issues for which your firm and the principals who will be assigned to work with the City have acted as lead project manager in the past three (3) years. Please indicate numbers of issues both on a firm and an individual basis. c. Briefly discuss and provide examples that illustrate the firm's resources, commitment and demonstrated ability to complete all components of all projects in a timely manner, including but not limited to, attending meetings, advising staff on matters specific to the scope of service, preparing and presenting reports to City staff and members of the City Council, and assisting with due diligence and disclosure processes relevant to the scope of services. • Methodology Section: Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The Methodology Section should include: 1. An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2. Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the Scope of Work. 3. Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments. 4. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider Proposals that offer alternative service delivery means and methods for the services desired. • Staffing: Provide a list of individual(s) who will be working on this project and indicate the functions that each will perform and anticipated hours of service of each individual. Include a resume for each designated individual. Upon award and during the contract period, if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work. Qualifications: The information requested in this section should describe the qualifications of the firm or entity, key staff and sub -contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: Page 4 of 33 I Cl — RFP#17-05-C01340 1. Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. 2. A summary of your firm's or entity's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. 3. For private Proposers, provide at least five references that received similar services from your firm. The City of Costa Mesa reserves the right to contact any of the organizations or individuals listed. Information provided shall include: • Client name • Project description • Project start and end dates • Client project manager name, telephone number, and e-mail address. Any public entity which submits a Proposal should describe in detail how it currently performs services like those identified in the scope of work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers. • Financial Capacity: Provide the Proposer's latest audited financial statement or other pertinent information such as internal unaudited financial statements and financial references to allow the City to reasonably formulate a determination about the financial capacity of the Proposer. Describe any administrative proceedings, claims, lawsuits, or other exposures pending against the Proposer. • Cost Proposal: All Proposers are required to use Attachment B, Cost Proposal to be submitted with their Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Proposals shall be valid for a minimum of 180 days following submission. • Disclosure: Please disclose any and all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration. • Sample Professional Service Agreement: The firm selected by the City will be required to execute a Professional Service Agreement with the City. A sample of the Agreement is enclosed as Appendix A, but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be submitted for consideration with the Proposal. Otherwise, the Proposer will be deemed to have accepted the form of Agreement. See No. 12 of this RFP below. • Checklist of Forms to Accompany Proposal: As a convenience to Proposers, following is a list of the forms, included as appendices to this RFP, which should be included with Proposals: 1. Vendor Application Form 2. Company Profile & References Page 5 of 33 —20— RFP# l 7-05-C01340 3. Ex Parte Communications Certificate 4. Cost Proposal 5. Disclosure of Government Positions 6. Disqualifications Questionnaire 7. Staffing Plan 2. Process for Submitting Proposals: • Content of Proposal: The Proposal must be submitted using the format as indicated in the Proposal format guidelines. • Preparation of Proposal: Each Proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. • Cost for Preparing Proposal: The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City. • Number of Proposals: Submit one original, five (5) hard copies plus one electronic copy/flash drive of your Proposal in sufficient detail to allow for thorough evaluation and comparative analysis. In the event of a conflict between the original and any hard copy or disk copy, the original shall control. • Submission of Proposals: Complete written Proposals must be submitted in sealed envelopes marked and received no later than 11:00 a.m. (P.S.T) on November 17, 2016 to the address below. Proposals will not be accepted after this deadline. Faxed or e-mailed Proposals will not be accepted. NO EXCEPTIONS. City of Costa Mesa City Hall Office of the City Clerk 77 Fair Drive Costa Mesa, CA 92628-1200 RE: RFP No. 17-05 PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM • Inquiries: Questions about this RFP must be directed in writing, via e-mail to: RFP Facilitator: Silvia Kennerson at silvia.kennerson(&costamesaca.gov The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s), responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa -Official City Web Site -Business -Bids & RFP's. Proposers should check this web page daily for new information. The City will endeavor to answer all written questions timely received no later than November 8, 2016. The City reserves the right not to answer all questions. Page 6 of 33 -- 2 i RFP# 17-05-001340 From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above regarding this RFP. The City reserves the right to reject any Proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. Conditions for Proposal Acceptance: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all Proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All Proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the Proposal, it should be clearly identified. • Insurance & W-9 Requirements: Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation: Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract. W-9 — Current signed form W-9 (Taxpayer Identification Umber & Certification) which includes Contractor's legal business name(s). 3. Evaluation Criteria: The City's evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the responsive responsible proposer shall be determined based on evaluation of qualitative factors in addition to price. At all times during the evaluation process, the following criteria will be used. Sub -criteria are not necessarily listed in order of importance. Additional sub -criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below. 1. Company Experience and Capabilities ------- 25% 2. Approach and Methodology ------- 20% 3. Staffing for Project Manager (and other support staff)----- 30% 4. Qualifications ----20% 5. Cost Proposal ---- 5% 4. Evaluation of Proposals and Selection Process: In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating Proposals. An Evaluation/Selection Committee Page 7 of 33 -- Z-:2- — RFP#17-05-C01340 (Committee), which may include members of the City's staff and possibly one or more outside experts, will screen and review all Proposals according to the weighted criteria set forth above. While price is one basic factor for award, it is not the sole consideration. A. Responsiveness Screening: Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any Proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their Proposals. B. Initial Proposal Review: The Committee will initially review and score all responsive written Proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any Proposal in which a Proposer's approach, qualifications, or price is not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection. C. Interviews, Reference Checks, Revised Proposals, Discussions: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews, if held, are tentatively scheduled for November 28, 2016 through November 30, 2016 and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92628. This date is subject to change. The individual(s) from Proposer's firm or entity that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the Proposal. In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer's references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer's services, solicit information from any available source concerning any aspect of a Proposal, and seek and review any other information deemed pertinent to the evaluation process. Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the Proposal or negotiate the terms and conditions of the agreement with the highest ranked firm, which shall be determined to be the lowest responsible bidder. The City may recommend award without Best and Final Offers, so Proposers should include their best Proposal with their initial submission. Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time Page 8 of 33-123— RFP# 17-05-C01340 period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP. 5. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the Proposal procedure, which are apparent or reasonably should have been discovered prior to receipt of Proposals shall be filed in writing with the City's Purchasing Department at least 10 calendar days prior to the deadline for receipt of Proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon alleged improprieties that are not apparent or that could not reasonably have been discovered prior to submission date of the Proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the City's Purchasing Department, within 48 hours from receipt of the notice from the City advising of City's recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The City's Purchasing Department will respond to the protest in writing at least 3 days prior to the meeting at which City's recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the City's Purchasing Department, and pursue its protest at the Council meeting, it will notify the City's Purchasing Department of its intention at least 2 days prior to the scheduled meeting. A. Procedure — All protests shall be typed under the protester's letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information: • The name, address and telephone number of the protester; • The signature of the protester or the protester's representative; • The solicitation or contract number; • A detailed statement of the legal and/or factual grounds for the protest; and • The form of relief requested. 6. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in their Proposals. Any discrepancies in numbers or calculations shall be interpreted to reflect the cost to the City. If prior to contract award, a Proposer discovers a mistake in their Proposal which renders the Proposal unwilling to perform under any resulting contract, the Proposer must immediately notify the facilitator and request to withdraw the Proposal. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items. 7. Responsibility of Proposers: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Proposals. Pre -contractual expenses are not to be included in the Contractor's Pricing Sheet. Pre -contractual expenses are defined as, including but not limited to, expenses incurred by Proposer in: • Preparing Proposal in response to this RFP; • Submitting that Proposal to the City; Page 9 of 33 '—' RFP# 17-05-001340 • Negotiating with the City any matter related to the Proposal; and, • Any other expenses incurred by the Proposer prior to the date of the award and execution, if any, of the contract. 8. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the Proposals following the evaluation process at such time as a recommendation is made to the City Council. If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer's competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. Proposer may not designate its entire Proposal as confidential nor designate its Price Proposal as confidential. Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer's request, Proposer shall assume all responsibility for any challenges resulting from the non -disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney's fees and costs that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City. 9. Ex Parte Communications: Proposers and Proposers' representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers' representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting. A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form, Appendix B with their Proposals certifying that they have not had or directed prohibited communications as described in this section. 10. Conflict of Interest: The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any Page 10 of 33 __2_2 5 RFP# 17-05-C01340 person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable. 11. Disclosure of Governmental Position: In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached Disclosure of Government Positions Form, Appendix B. 12. Conditions to Agreement: The selected Proposer will execute a Professional Service Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix A to this RFP, which may be modified by City. All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample Agreement. The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist. Submittal of a Proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for maintenance services unless the Proposer includes with its Proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement. In accordance with the Municipal Code, the City may consider the scope and number of conditions in evaluation Proposals and determining the lowest responsible bidder. 13. Disqualification Questionnaire: Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation, Appendix B. 14. Standard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s) and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa - Official City Web Site - Business - Bids & IFB's. Proposers should check this web page daily for new information. Page 11 of 33 l!J RFP#17-05-C01340 APPENDIX B FORMS Vendor Application Form Ex Parte Communications Certification Disclosure of Government Positions Disqualification Questionnaire Company Profile & References Staffing Plan Page 23 of 33 —2-7— VENDOR APPLICATION FORM FOR RFP NO. 17-05 PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM TYPE OF APPLICANT ❑ NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: Contact Person for Agreement: Corporate Mailing Address: City, State and Zip Code: E -Mail Address: Phone: Contact Person for Proposals: Title: Business Telephone: Is your business: (check one) ❑ NON PROFIT CORPORATION Is your business: (check one) ❑ CORPORATION ❑ INDIVIDUAL ❑ PARTNERSHIP Fax: E -Mail Address: Business Fax: ❑ FOR PROFIT CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ SOLE PROPRIETORSHIP ❑ UNINCORPORATED ASSOCIATION Page 24 of 33 214� RFP#17-05-001340 RFP#17-05-001340 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Federal Tax Identification Number: City of Costa Mesa Business License Number: Title Phone (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: Page 25 of 33 — 2 [;7��IyE17��IlIRL[I EX PARTE COMMUNICATIONS CERTIFICATION Please indicate by signing below one of the following two statements. Only sign one statement. I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning RFP No. 17-05 PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM at any time after November 2, 2016. Signature Print N' Date: I certify that Proposer or Proposer's representatives have communicated after November 2, 2016 with a City Councilmember concerning RFP No. 17-05 PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM. A copy of all such communications is attached to this form for public distribution. Signature Print Date: Page 26 of 33 RFP# 17-05-001340 DISQUALIFICATION QUESTIONNAIRE The Contractor shall complete the following questionnaire: Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. Page 27 of 33 —31— RFP#17-05-C01340 DISCLOSURE OF GOVERNMENT POSITIONS Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." Page 28 of 33 — �5 2 — COMPANY PROFILE & REFERENCES Company Profile Company Legal Name: Company Legal Status (corporation, partnership, sole proprietor etc.): Active licenses issued by the California State Contractor's License Board: Business Address: Website Address: Telephone Number: Email Address: Facsimile Number: Length of time the firm has been in business: Length of time at current location: Is your firm a sole proprietorship doing business under a different name: Yes No If yes, please indicate sole proprietor's name and the name you are doing business under: Is your firm incorporated: Yes No If yes, State of Incorporation: Federal Taxpayer ID Number: Regular business hours: Regular holidays and hours when business is closed: Contact person in reference to this solicitation: Telephone Number: Email Address: Contact person for accounts payable: Facsimile Number: Telephone Number: Facsimile Number: Email Address: Name of Project Manager: Telephone Number: Facsimile Number: Email Address: Page 29 of 33 RFP#17-05-CO1340 RFP# 17-05-C01340 COMPANY PROFILE & REFERENCES (Continued) Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least five clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information. Company Name: Contact Name: Email: Address: Brief Contract Description: Company Name: Contact Name: Email: Address: Brief Contract Description: Company Name: Contact Name: Email: Address: Brief Contract Description: Company Name: Contact Name: Email: Address: Brief Contract Description: Company Name: Contact Name: Email: Address: Brief Contract Description: Telephone Number: Contract Amount: Telephone Number: Contract Amount: Telephone Number: Contract Amount: Telephone Number: Contract Amount: Telephone Number: Contract Amount: Page 30 of 33 — �. RFP# 17-05-C01340 STAFFING PLAN 1. Primary Staff to perform Agreement duties Name Classification/Title Years of Experience 2. Alternate staff (for use only if primary staff are not available) Name Classification/Title Years of Experience Substitution or addition of Proposer's key personnel in any given category or classification shall be allowed only with prior written approval of the City Project Manager. The Proposer may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and timing of the service required. Assignment of additional key personnel shall be subject to City Project Manager approval. City reserves the right to have any of Contractor personnel removed from providing services to the City under this Agreement. City is not required to provide any reason for the request for removal of any Contractor personnel. Page 31 of 33 �� RFP#17-05-001340 ATTACHMENT A SCOPE OF WORK FOR PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM This RFP is to select a professional project manager with experience in the selection and implementation of land management software and systems. More specifically the City seeks a project manager to help the City find the most suitable replacement for the Permits Plus 2013 Version 5.5.21 software, which the City of Costa Mesa implemented in 1998 and last updated in 2013. While this request is for a project manager that will help guide the project to acquisition of the most suitable software and system for the City, the City is also looking to identify a Project Manager that may be able to continue this role and services through implementation and configuration of the new software. Currently, the City plans on posting a separate RFP for the second phase of this project management work. The catalyst for this software update is to streamline the business processes, incorporate spatial and textual information into one land management system, replace outdated software, and improve services to the community. The firm may suggest modifications to the scope of the work that it deems necessary or appropriate for the task. The professional services should include the following: Project Management — A project manager will manage the selection process and ensure this process stays on schedule, remains organized and is well documented. The project manager will guide the meetings, gather input from various departments, collaborate with the stakeholder team, provide the requested deliverables, and help negotiate and review the contract for the replacement software. Business Process Review — A complete appraisal of how the software facilitates existing procedures and practices within each applicable department. Needs Assessment - A comprehensive evaluation of the City's needs and consideration of requests from staff for the replacement software: this includes but is not limited to; functionality, user interface flexibility, storage capability, accessibility, and interoperability. Best Fit Analysis — A comparison table of the various software options and their ability to meet the needs and requests of the City as identified in the Needs Assessment analysis. Request for Proposal for Land Management System — Provide a draft request for proposal for the new software as well as the implementation, training, configuration, and future access and maintenance of the software. Contract Review and Negotiation — Professional assistance on review of the software contract and subsequent negotiations with selected vendor. The deliverables should include the following: Business Process Review Report Needs Assessment Report Best Fit Analysis Table Request for Proposal for Land Management System and Software Page 32 of 33 & RFP#17-05-C01340 ATTACHMENT�B COST PROPOSAL FOR PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in section Scope of Work, Attachment A. Also provide your firm's proposed Staffing Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any added value. Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles - Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at www.bls.gov.) Employee Hourly Rate Hours worked Total Cost Overtime rate Total Estimated Annual Price $ Page 33 of 33 —3-7— EXHIBIT B CONSULTANT'S PROPOSAL • SoftResources S O F T W A R E C O N S U L T I N G Proposal Project Management for Software Replacement for a Land Management System RFP No, 17-05 City of Costa Mesa, California November 17, 2016 at 11:00 a.m. Submitted by Spencer Arnesen, CPA, Principal SoftResources LLC 425.216.4030 sarnesen@softresources.com ,3(l RFP#17-05-coi340 VENDOR APPLICATION FORM FOR RFP NO. 17-05 PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM TYPE OF APPLICANT: Q NEW ❑ CURRENT VENDOR Legal Contractual Name of Corporation: SoftResources LLC Contact Person for Agreement: Spencer Arnesen, CPA Principal Corporate Mailing Address: 11411 NE 124th Street, Suite 270 City, State and Zip Code: Kikrland, WA 98034 E -Mail Address: sarnesen@softresources.com Phone: 425.216.4030 Fax: 425.968.4131 Contact Person for Proposals: Spencer Arnesen, CPA Title: Principal E -Mail Address: sarnesen@softresources.com Business Telephone: 425.216.4030 Is your business: (check one) ❑ NON PROFIT CORPORATION Is your business: (check one) Business Fax: 425.968.4131 M FOR PROFIT CORPORATION ❑ CORPORATION LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION Page 24 of 33 -1 r, RFP# 17 -05 -CO 1340 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Elaine Watson, CPA Principal 425.216.4030 Spencer Amesen, CPA Principal 425.216.4030 Federal Tax Identification Number: 91-1700358 City of Costa Mesa Business License Number: Will obtain upon award (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: Page 25 of 33 l—I SoftResources aocr wwaa coas�sr�sa 1. Vendor Application Form and Cover Letter November 17, 2016 City of Costa Mesa City Hall — Office of the City Clerk 77 Fair Drive Costa Mesa, CA 92628-1200 Dear Ms. Kennerson and Team: SoftResources LLC 11411 NE 124`h Street, Suite 270 Kirkland, WA 98034-4341 SoftResources LLC is pleased to present this proposal to the City of Costa Mesa, California (City) for Request for Proposal RFP No. 17-05 — Project Management for Software Replacement of a Land Management System (LMS). SoftResources LLC is a software consulting firm dedicated to helping government, nonprofit and commercial organizations throughout North America make knowledgeable decisions about business software. In the last 21 years we have worked with approximately 115 government organizations to complete over 190 software evaluation projects. Our success is driven by consultants who are committed to getting the job done right, acting responsibly, and executing SoftResources' proven methodology. SoftResources began performing software evaluation and selection services in 1993 as a practice within KPMG that focused solely on unbiased software selection services. In 1995, after reorganizations at KPMG that directed implementation of specific software, the group split off and independently founded SoftResources. Today, we remain committed to providing unbiased software evaluation services to all customers. Our core services include: Software Assessment, Software Selection, Implementation Partner Selection, Contract Review and Negotiation, Implementation Project Management The City will be served out of our Kirkland, Washington office. The address and phone number follows: • 11411 NE 124th Street, Suite 270, Kirkland, WA 98034 • 425.216.4030 Key Elements of the Proposal. SoftResources has the experience, expertise and capacity to assist the City with the replacement of a Land Management System (LMS). Most recently we have worked with the cities of Temecula, San Mateo, Pasadena, Hayward, and Bellingham for ?x www.softresources.com2 Page 2 the evaluation of LMS. We have also worked with many cities in California and nationwide for the selection of Enterprise Resource Planning (ERP) which often includes LMS requirements. SoftResources has identified Elaine Watson, CPA, Principal and Pamela Ettien, Manager as the consultants for the City's project. Ms. Watson is an original co-founder and brings over 23 years' experience managing software projects. She also helped to pioneer our best practices focused software selection methodology. Ms. Ettien has been with SoftResources for 19 years and has experience providing all services requested by the City. Following is a summary of the proposed methodology that SoftResources recommends. • Phase 1— Project Initiation — work with the City to finalize the Project Plan, schedule resources to tasks, and provide regular status updates and manage the Project Plan through completion as scheduled. SoftResources uses Microsoft tools including Word, PowerPoint, Excel, and MS Project (or similar tool). • Phase 2 — Needs Assessment — work with the City to schedule three days of on-site interactive and collaborative Workshops across all participating departments. SoftResources will facilitate exchange of information with system users to gather user needs, make business process observations, and analyze the current LMS environment. Deliverables: Key Functional and Technical Requirements document and Needs Assessment Report. • Phase 3 — Request for Proposal — work with the City to prepare an RFP for LMS that will enable the vendors to provide information to the City about their company, product, and ability to meet the City's Key Requirements in a format that will facilitate effective evaluation. Assist the City to manage the RFP solicitation process. Deliverables: RFP for LMS. • Phase 4 — Best Fit Analysis — evaluate vendor proposals to determine a suitable application that will support the City's business needs. This will include a Short List Recommendation, Demo Script and Facilitation, Final Decision Support. Deliverables: Short List Vendor Comparison Chart and Presentation, Demo Script, Request for Demo Letter, Demo Feedback documents and tools, Final Decision Support Tools • Phase 5 — Contract Negotiation — review the final selected vendor's software contracts and Statement of Work and provide written comments. Assist the City to negotiate a contract that will protect the City for the life of the software. Deliverables: Written Software Contract document and Written SOW document. Spencer Arnesen, Principal, is legally authorized to bind SoftResources in contract for the services outlined in this proposal, and is the main contact for this proposal. Regards, Spencer Arnesen, CPA, Principal SoftResources LLC ,=o www.softresources.com -43- 1 Page 3 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS Table of Contents 1. Vendor Application Form and Cover Letter....................................................................... 2 2. Background and Project Summary Section........................................................................ 5 3. Company Experience and Capabilities............................................................................... 6 4. Methodology...................................................................................................................... 8 5. Staffing............................................................................................................................. 19 6. Qualifications................................................................................................................... 22 7. Financial Capacity............................................................................................................. 26 8. Cost Proposal................................................................................................................ 26 9. Disclosure......................................................................................................................... 26 10. Sample Professional Service Agreement....................................................................... 26 11. Checklist of Forms to Accompany Proposal................................................................... 26 • Company Profile and References • Ex Parte Communications Certificate • Cost Proposal • Disclosure of Government Positions • Disqualifications Questionnaire • Staffing Plan 12. Exhibits........................................................................................................................... 27 Exhibit A: Detailed Hour and Fee Estimate for Costa Mesa Software Replacement LMS sgrc�R„ 1 www.softresources.com - /(� Page 4 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS 2. Background and Project Summary Section SoftResources understands that the City of Costa Mesa (City) is seeking an experienced consultant who can provide expertise and a proven methodology to assist the City to select a suitable Land Management System (LMS). The City is currently using Accela Permits Plus 2013 Version 5.5.21 which was originally implemented in 1998 and the last upgrade was in 2013. SoftResources understands that Accela is phasing out support of Permits Plus in favor of Accela Automation. The City wishes to take the opportunity to streamline business processes, incorporate spatial and textual information into one Land Management System (LMS), replace outdated software and improve services to the community. The City serves a population of approximately 110,757 in a land area of 16.8 square miles and is located in the northern coast area of Orange County. SoftResources has 21 years' experience selecting software and meets the City's minimum qualifications of at least five years of prior experience. Project Objectives SoftResources has provided an approach and methodology in section 4 — Methodology that addresses the following areas critical to the City's LMS project: • Project Management — SoftResources anticipates that Elaine Watson, CPA, Principal will be assigned to manage all services outlined. Ms. Watson brings over 23 years software selection management experience and is one of the original cofounders and helped to pioneer SoftResources' focused software selection methodology. • Needs Assessment —SoftResources will conduct a series of on-site Workshops with City personnel to assess the requirements and business processes required in the new LMS. Outcome — Needs Assessment Report • Request for Proposal (RFP) for LMS — SoftResources will assist the City to prepare an RFP for LMS that is designed to aggregate vendor data for efficient evaluation and decision making. We will assist with the RFP solicitation management. Outcome — RFP for LMS • Best Fit Analysis — SoftResources will evaluate vendor bids and conduct vendor research leading to a Short List Vendor Comparison Chart in table format that compares approximately three LMS products that could meet the City's Key Requirements. A valuable differentiator for SoftResources is the level of vendor analysis conducted to clarify vendor responses to the City's Request for Proposal. Outcome — Vendor Short List Comparison Chart (or Best Fit Analysis Table) • Contract Review and Negotiation — SoftResources will assist the City to negotiate a fair contract that will help to protect the City's interests for the life of the software. softResowces Page 5 www. softresources.com; ��' Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS I Company Experience and Capabilities SoftResources brings 21 years software evaluation experience. In the public sector we have worked with approximately 115 government organizations to complete over 190 software projects. Our consultants are equally experienced and work to provide the services requested by the City on a daily basis. SoftResources will assign the following Core Team to the City's project: • Elaine Watson, CPA, Principal — 23 + years managing software selection projects. • Pamela Ettien, Manager— 19 + years managing software selection projects. Table: Relevant Projects in the Last Three Years Similar Projects Project Type SRLLC Team Temecula, CA • Permit Management Software Selection and • Elaine Watson Implementation Project Management • Pamela Ettien San Mateo, CA • Permit and Land Tracking System Assessment and • Elaine Watson f Selection . Pamela Ettien • Permit and Land Tracking implementation Project • Cherish Cruz Management • Trisha Tubbs • Tyler Cashiering Implementation Project Management Hayward, CA • Permit System Assessment and Selection ? • Elaine Watson • Pamela Ettien Pasadena, CA ! . Land Management and Permitting Selection • Elaine Watson i • Pamela Ettien Temple City, CA • Land Management and Permitting Assessment • Elaine Watson • Pamela Ettien Bellingham, WA • Planning and Permitting and Work Management • Elaine Watson Assessment and Selection • Pamela Ettien • ERP Software Selection • Cherish Cruz Whatcom County, t • Permit Tracking and Data Management Assessment • Elaine Watson WA and Selection • Pamela Ettien Alameda, CA • Human Resources Software Assessment j • Elaine Watson • Pamela Ettien Newark, CA • ERP Assessment and Selection • Elaine Watson • Pamela Ettien Pasadena, CA • ERP Software Assessment and Selection • Trisha Tubbs i • Cherish Cruz Placer County • ERP Assessment and Selection • Spencer Water Agency, CA Arnesen S�R 1s www.softresources.com — Page Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS =Ns www.softresources.com —149— 1 Page 7 Similar Projects Project Type SRLLC Team • Ron Loos • Cherish Cruz Roseville, CA • ERP Requirements Assessment • • Trisha Tubbs Cherish Cruz Santa Rosa, CA • CMMS/EAM Assessment and Selection • Ron Loos • Cherish Cruz Simi Valley, CA (• Implementation Project Management and Oversight • Elaine Watson for ERP and Permit Implementation Port Freeport, TX • ERP Assessment and Selection • Elaine Watson • Pamela Ettien Champaign, IL • ERP Software Assessment and Selection • Elaine Watson • Pamela Ettien Vancouver, WA • ERP Assessment and Selection • Cherish Cruz • Trisha Tubbs Clearwater, FL • ERP Software Assessment and Selection • Elaine Watson • Pamela Ettien Harford County, • ERP Software Selection • Ron Loos MD • Cherish Cruz Kirkland, WA • ERP Selection • Elaine Watson • I Enterprise Asset Management Selection • Pamela Ettien • Ron Loos • Cherish Cruz Gresham, OR . ERP Assessment and Selection • Elaine Watson • Pamela Ettien =Ns www.softresources.com —149— 1 Page 7 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS 4. Methodology SoftResources recommends the following approach for the City's project. It is organized by phase along with associated tasks and deliverables and an estimated timeline. Common tasks within different phases may be performed concurrently. Upon further discussion and insight about this project, the City and SoftResources may agree upon changes to this Work Plan. The City considers the following modules/functionality to be in scope for this project, but SoftResources will assist the City to determine the appropriate scope of the LMS software: • Animal Licensing • GIS Integration • Building • Inspections • Business Licensing • Permitting • Code Enforcement • Planning and Community Development • Electronic Plan Review • Zoning SoftResources will work with the City to set up the project. The City is responsible for identifying a Project Manager to act as liaison with SoftResources' Project Manager for management of the project. 1.1 Proiect Plan SoftResources will work with the City to refine and finalize the Project Plan that will govern the project. The following specific items will be addressed via teleconference: a. Team introductions. Conduct Project Team introductions and collect contact information. b. Scoping and Planning. Coordinate with the City to discuss and align expectations for the contracted scope of work, drivers and objectives, resource availability and constraints. Refine the Project Plan —schedule, milestones, deliverables, resources and responsibilities. c. Project Plan. SoftResources will finalize the Project Plan (based on our templates) and provide updated versions to the City. Deliverables: Project Plan 1.2 Project Management SoftResources will manage and update the Project Plan and Schedule and maintain project related communications with the City via email and teleconference. Status updates will coincide with major milestones and deliverables over the life of the project. Deliverables: Project Status Updates sg�fca, \ www.softresources.com — _1 � —i Page 8 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS Phase 2 — Needs Assessment 2.1 Requirements Analysis SoftResources will conduct a series of On -Site Workshops to analyze the current software environment, LMS requirements and business processes and produce a Business Process Review Report as follows: a. Schedule On -Site Workshops. Work with the City to identify staff that will participate in Workshops and develop a three-day Workshop Schedule. Participants will include the City's Project Team, stakeholders, executive management, IT, technical staff, department heads, key users, subject matter experts (SMEs), etc. Attendance at Workshops will be based on specific area of responsibility. The City can expect 16-24 Workshops each lasting 1-2 hours. To promote collaboration across the City, Workshops are scheduled by department (e.g., Finance, Information Technology, Community Improvement Division, Economic Development, Development Services, etc.) and by function/module area (e.g., Business License, Code Enforcement, Permitting, Inspections, Cashiering, etc.). b. Workshop Memo. Customize SoftResources' Workshop Memo template with City -specific details. The Memo will be used to invite City personnel to the Workshops and contains thought provoking questions to help prepare attendees to discuss their area of expertise and core responsibilities during the Workshops. The City will issue to attendees. c. City Documentation Review. Become familiar with the City's current LMS environment through review of existing documentation such as: requirements data, organization charts, annual and strategic plans, current system diagrams, existing workflow documentation, commissioned reports, etc. This review assists us to more effectively utilize personnel time during On-site Workshops. d. Facilitate On-site Workshops. SoftResources will travel to Costa Mesa to kickoff and facilitate three days of scheduled workshops (16-24 sessions). Using interactive style interviewing we will gain insights into the City's current ERP environment and gather input from system users as follows: Review existing LMS system and points of integration with peripheral systems. Interview users to capture how the current system is used, strengths and weaknesses, functional and technical footprint requirements, and vision for new system. • Make business process observations and note manual and workaround processes that may be improved in modern LMS software. • Conduct discussions with IT staff to gather current system needs, vision for future LMS environment, and interface/integration needs. • Provide educational insights for modern LMS software and best practices based on our experience. • Advise and discuss LMS strategy that will best suit the City and its business needs. • As needed, conduct follow up calls with personnel for clarification and additional details. www.softresources.com — Page 9 Proposal for City of Costa Mesa RFP No. 17-05 Deliverables: Workshop Schedule Workshop Memo 2.2 Key Requirements Definition Project Management for Software Replacement of LMS SoftResources will define the City's key LMS requirements as follows: a. Key Requirements Definition. Develop the Key Functional and Technical Requirements document (150-350 requirements) in table format. Starting with SoftResources' template and using the interview notes, review of City documentation, and our experience, we will identify and prioritize (e.g., R=Required, 1=Important, N=Nice to Have, E=Explore) key requirements unique to the City for technology, modules/functionality, implementation, future requirements, business needs, peripheral systems interfaces/integration, costing, etc. The software decision is optimized by focusing on key differentiators unique to the City. b. Finalize Key Requirements. Provide the Key Functional and Technical Requirements document via email and conference call for feedback from the City. City input will be added to the document and the City will give final approval. This document will be inserted into the RFP and will be used to evaluate vendor options for best fit to the City. Deliverables: Key Functional and Technical Requirements Document 2.3 Needs Assessment Report Based on the analysis conducted during the Workshops and our experience evaluating LMS software, SoftResources will compile a written Needs Assessment Report as follows: a. Prepare Needs Assessment Report. SoftResources will compile the results of the Requirements Analysis and findings into a written Needs Assessment Report (10-30 pages) that will include the following (this may be adjusted based upon discussions with the City and the results of the research): ✓ Executive Summary ✓ Key Requirements Document ✓ Current LMS Environment ✓ Business Process Improvement Opportunities ✓ Conclusion and Next Steps b. Prepare Assessment Presentation. Prepare a PowerPoint presentation highlighting our findings and present via teleconference to the City and answer any questions the City may have regarding the analysis, assumptions; and next steps. Deliverables: Needs Assessment Report and PowerPoint Presentation Phase 3 — Request for Proposal SoftResources will work with the City to develop a Request for Proposal (RFP) for new LMS software and assist the City through the RFP solicitation. f1es www.softresources.com Page 10 Proposal for City of Costa Mesa RFP No. 17-05 3.1 Prepare RFP Project Management for Software Replacement of LMS SoftResources will prepare a focused RFP for LMS Software that encourages vendor participation. Tasks include: a. Prepare Request for Proposal. Based on the City's requirements and beginning with our forms -based RFP template we will prepare the draft RFP and work with the City to incorporate its purchasing requirements and insert the approved Key Functional and Technical Requirements document. The RFP will be organized to allow for consistent and effective evaluation of vendor responses. Information requested includes: vendor information; cost for software, maintenance, implementation, and training; implementation methodology and team; vendor references; functional and technical requirements matrix, and other information pertinent to the software evaluation process. b. City Review of RFP Draft. Deliver the RFP via email and teleconference for review and feedback from the City. SoftResources will edit with City feedback and finalize the RFP for final approval. C. Create Vendor Long List. Starting with SoftResources' template, develop the Vendor Long List of LMS vendors using the City's Key Requirements and our experience. The Vendor Long List is used to foster vendor participation and to help mitigate the risk that the right vendor does not respond to the RFP. Deliverables: RFP for LMS Software Vendor Long List 3.2 RFP Management SoftResources will work with the City to complete a successful RFP solicitation as follows: a. Vendor Notification. The City will issue the RFP according to its purchasing requirements. b. Solicitation Activities. Work with the City to conduct a Pre-bid Conference to allow vendors to ask questions. Assist with the facilitation of a standard methodology for question and answer addenda (the City will answer vendor questions as they are in the best position to respond), and act as a liaison between the City and the vendors throughout the RFP solicitation. We recommend the City allow a minimum of four weeks for vendors to respond. SoftResources will assist the City through vendor analysis down to the final decision. Using our key requirements methodology we will conduct detailed vendor analysis and provide the City with vetted data that leads to better software decisions. www.softresources.com Page 11 Proposal for City of Costa Mesa RFP No. 17-05 4.1 Vendor Analysis Project Management for Software Replacement of LMS The City will receive the Vendors' proposals and provide one hard copy and one soft copy to SoftResources. SoftResources will work together with the City Project Team to evaluate and research the vendor options as follows: a. Initial Review of Vendor Proposals. All proposals received by the City will undergo an initial review. Those vendors who do not pass this initial review will be eliminated based on the following: ✓ RFP Compliance ✓ Vendor Experience with Similar Entities ✓ Cost Estimates for Software, implementation and Training ✓ Implementation Team ✓ City Specific Requirements b. Detailed Vendor Analysis. The remaining vendor proposals will continue to be evaluated using the Key Requirements. Discussions with the vendor's development and technical personnel will be held to validate and clarify the information provided in their proposals such as vendor viability, key requirements fit, costing and implementation assumptions, and so forth. These discussions with the vendors are the best way to mitigate the risk of inaccurate assumptions about the requirements and the vendors' answers, and to gain added insight into the vendor's software, culture and viability fit to the City. The City may wish to participate through this process as time permits. 4.2 Short List Recommendation SoftResources will assist the City as they determine a Short List of approximately three vendor solutions and compile the vendor analysis as follows: a. Short List Vendor Comparison Chart. Develop in table format the fit/gap of approximately three vendors that best meet the City's requirements in a side-by-side comparison against the City's Key Functional and Technical Requirements. Additional information and insights gained through the vendor analysis is also added. The Short List Vendor Comparison Chart is a valuable decision tool that will aid the City to determine the Short List and during software demos and final decision. b. Pricing Analysis. A review of the estimated cost over five years for each of the Short Listed vendors in an equalized format. c. Short List Presentation. Prepare an executive -level PowerPoint Presentation that provides an overview of the project to date, identification of the Short List, an executive summary of each short listed vendor based on the information provided in their responses and the additional research information. Present the Short List on-site at City offices and answer questions the City may have. Please note that the City will make the determination of the final vendors to be short listed. r-ouKes www.softresources.com Page 12 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS Deliverables: Short List Vendor Comparison Chart Pricing Analysis Short List Presentation 4.3 Demo Script and Request for Demo Letter SoftResources will create a custom Demo Script and Request for Demo Letter as follows: Custom Demo Script. Develop the Demo Script using the City's key requirements and analysis gathered to date. The Script will be delivered via email to the City. The Demo Script requires the vendors to show: 1) how key City requirements will be handled, 2) the City's functional footprint, and 3) specific data gathered through on-site interviews and direct vendor discussions that needs further investigation. The City will insert any business case scenarios, approve and issue the Demo Script. b. Customized Request for Demo Letter. Create the Request for Demo Letter to reflect the City's situation and requirements including information about whom to contact at the City, expectations for the demos, and instructions to the Short List Vendors for how to properly prepare for the live demonstrations. The Request for Demo Letter will be delivered to the City via email. The City will issue the Request for Demo Letter with the Demo Script to the vendors. Deliverables: Custom Demo Script Request for Demo Letter 4.4 Demo Facilitation SoftResources will facilitate the Demo process as follows: a. Schedule On -Site Vendor Demos. Assist the City to schedule the On -Site Vendor Demos. Based on the information provided in the City's RFP, we anticipate three 2 -day vendor demos plus a Demo Wrap Up Meeting the day following the final demo. We recommend that the City schedule the live demonstrations as close together as possible for best comparative analysis. b. Conduct Pre -Demo Meetings. Work with the City to set up and conduct Pre -Demo Meetings via teleconference with each short listed vendor to assist the vendors to prepare for successful demos. The Pre -Demo Meetings provide each short listed vendor with information about the City and answers questions the vendors may have regarding the City's project or the Demo Script. SoftResources will participate and facilitate the Pre -Demo Meetings via teleconference. c. Facilitate On -Site Demos. Attend and facilitate the software demos on-site at City offices. We will provide an orientation of the demo process to all attendees. As noted, the length of the software demos will depend on the number of modules included in the scope. At this time we estimate three, 2 -day demos, but this may change depending on the needs of the City. Demo feedback from City attendees will be collected and demo analysis provided including: �C www.softresources.com — 1 13 Page 13 Proposal for City of Costa Mesa RFP No. 17 -OS Project Management for Software Replacement of LMS • Demo Feedback. Provide Demo Feedback documents to all attendees who will keep notes and rate the demos. All Demo Feedback documents will be collected by SoftResources at the conclusion of each demo. At the end of each demo day conduct a brief wrap-up with the City's Project Team to address unanswered questions and discuss the next -day schedule. • Demo Feedback Analysis. Compile feedback collected from the attendees' Demo Feedback documents and present it to the City at the Demo Wrap Up Meeting. d. Facilitate Demo Wrap Up Meeting. On the day following the final software demo facilitate an on-site Demo Wrap Up Meeting with the City. The purpose of this meeting is to determine the top two finalist vendors. We will discuss the Demo Feedback Analysis, facilitate discussion for the City to rank the vendors with the purpose to eliminate the lowest ranked vendor(s), answer questions, note follow up items and outline next steps. Deliverables: Demo Feedback Document Demo Wrap Up Analysis 4.5 Decision Analysis ideally, the City will have identified two finalist vendors to perform due diligence with and make the final decision. SoftResources will continue to manage vendor communications and provide guidance through the final decision and may participate in the following Due Diligence activities: a. Final Decision Support. Provide tools and templates, assist through the review of data collected throughout the vendor evaluation process, and advise the City through the final decision process. b. Vendor Management. Continue to manage vendor communications and questions, do follow up work, and act as a liaison with the vendors. c. Due Diligence Demos. Advise the City through the process of Due Diligence Demos. These demos would be structured to review select functional and technical topics requiring more presentation to City staff. Due Diligence Demos are typically handled through a web -demo process. d. Vendor Reference Checks. Advise the City through the Vendor Reference review process. Provide our Reference Check template that includes directions and sample questions that may be included in the reference meetings. Vendor Reference review are important to the decision process as they allow the City to meet with other organizations that have implemented the software being considered. e. Final Decision. Work with the City to prepare for and participate in the Final Decision Meeting via conference phone. Discuss information gathered to date and facilitate discussion of the pros and cons of the finalist vendors and support the City to make an informed software decision. The City will make the final decision. rseri www.softresources.com — C7:5�1_ Page 14 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS f. Final Decision Presentation. Develop and present a Final Decision Presentation to the City's Project Team and to the City Council. The Presentation will be reviewed by City staff prior to an on-site presentation. Deliverables: Reference Review Templates Final Decision Tools and Templates Final Decision PowerPoint Presentation Phase 5 — Contract Negotiation SoftResources will act in an advisory role to assist the City through the Contract Negotiation process. We know the terms and conditions and typical discounts that should be included in the contract to protect the City's interests. Our philosophy is to negotiate a contract that is a win- win for both sides, and to promote a strong working relationship moving forward. SoftResources is not a law firm and the contract will need final legal review. However, we frequently work with our client's legal counsel and offer valuable insight into software -specific contracts throughout the negotiations process. Depending on the type of software selected, the City may have three contracts to negotiate 1) Software License, 2) Software Maintenance, and 3) Implementation Services. If a hosted or Cloud vendor is selected, a Service Level Agreement (SLA) will be negotiated. We strongly recommend that the Statement of Work also be agreed upon prior to signing the software contracts. SoftResources will perform the following tasks: 5.1 Contract Review Review the software license, maintenance, and implementation services contracts or SLA and suggest pricing issues, contract clauses and protections that should be negotiated in the contract. Prepare a written Software Contract Review document of key clauses that need to be negotiated, removed, changed and/or inserted into the contract and discuss with the City in a 2-4 hour teleconference. 5.2 Statement of Work (SOW) Review Review the Vendor SOW and deliverables proposed for the implementation and suggest areas that may need further discussion and areas that may need to be negotiated. Provide written recommendations and discuss with the City in a 2-4 hour conference call. SoftResources recommends the City negotiate the SOW prior to signing the software contract. 5.3 Direct Negotiation Participation The City may wish to have SoftResources participate with the City and legal counsel in negotiating a fair contract with the finalist vendor. SoftResources brings valuable insight based on our experience negotiating software contracts. The City's legal counsel will have final review and approval of contracts. ,, ,Resources c!e: www.softresources.com _ ��� I Page 15 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS Deliverables: Software Contract Written Comments Written SOW Recommendations (Optional) Phase 6 — Implementation Project Management Oversight SoftResources provides Implementation Project Management Oversight Services as requested by our clients. We work on behalf of the City (not the vendor) during the implementation to resolve issues and assist with managing the project. The scope of work for implementation will be determined with the City as part of Phase 2 services as requested by the City. The role of the SoftResources Project Manager typically requires approximately 20-50% of a full time equivalent (FTE) staff person over the life of the implementation project at $175/hour. This estimate assumes that some weeks the Project Manager will consume 100% of an FTE while other weeks little or no assistance will be required. In addition, we anticipate some of the services will require the Project Manager to be on-site at the City offices while other services may be provided in a remote fashion via teleconference or email communications. 5.1 Project Management SoftResources may provide any or all of the following implementation services: a. Project Plan. Participate in the Kickoff Meeting. Provide input into the Project Plan that defines tasks, assigns responsibility, milestones, and deliverables. Work with the City and Vendor to make modifications to the Project Plan as necessary and monitor completion of project deliverables in a timely manner. b. Quality Control Plan. Work with the City and Vendor to develop a Quality Control Plan that will be used to manage overall success of the project. c. Project Management. Maintain the overall Project Plan for the life of the project in conjunction with the Vendor Project Manager. Participate in weekly status meeting with the Vendor. Communicate with City internal staff so they understand assignments, as well as associated due dates and deliverables. Manage project risks and issues to see that they are documented and addressed. d. Data Conversion. Assist with the review and/or development of a high level Data Conversion Plan. The Plan will include tasks such as identification of data to be converted, an approach to extraction of data from legacy systems, importing data to replacement applications, and testing of converted data. e. Testing. Assist with the development of a high level Testing Plan for all stages of the implementation. The Plan will include tasks such as development of test scripts, assistance with documentation of testing results, and identification of configuration adjustments required. f User Training. Assist with the development and definition of a high level Training Pian. The Plan will include tasks such as identification of who needs to be trained, what they need to _1 www.softresources.com — (2-1 Page 16 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS be trained on, who will provide the training, what training materials are required, who will develop the training materials and when the training will be delivered. g. Project Close Out. Assist with Project Close Out including review of Project Plan to ensure all tasks are complete, review of Cutover Strategy to be used by the City to ensure all steps have been properly executed, and participate in the Vendor handoff to City staff. We may also assist the City to conduct an assessment of the success of the implementation based on defined goals and objectives. City Responsibilities/Participation Phase 1 Project Initiation • Coordinate with SoftResources to schedule and participate in regular project status meetings as scheduled. Phase 2 Needs Assessment • Provide existing documentation useful to orient SoftResources prior to On -Site Workshops. • Work with SoftResources to determine interview attendees and to schedule the workshops. • Coordinate interview logistics (e.g., meeting room, schedule participants). • Arrange for key personnel to attend workshops that pertain to their area of responsibility. • Participate in On-site Workshops as scheduled and answer follow up questions as needed. • Work with SoftResources to review, provide input and approve the Key Functional and Technical Requirements document. • Participate in the Needs Assessment Report and presentation. Phase 3 Request for Proposal • Provide City -specific RFP contract language that will be inserted to the RFP. • Review and approve the RFP developed by SoftResources. • Issue the RFP according to the City's purchasing requirements. • Set up and conduct a Pre -Bid Conference. • Manage the RFP solicitation, answer vendor questions and prepare addenda. Phase 4 — Best Fit Analysis • Forward 1 hardcopy and 1 softcopy of each received Vendor proposal to SoftResources. • May participate in review process of Vendor proposals (varies by client). • Participate in discussions with SoftResources concerning the disposition of bid proponents and provide input towards the Short List decision. • Participate in the Short List Presentation and make the Short List decision. • Notify the short listed Vendors. • Review the Demo Script draft, provide input, prepare Business Case Scenarios. • Review and finalize the Request for Demo Letter. • Send the Demo Script and RFD Letter to the Short List Vendors • Facilitate Pre -Demo meetings with Short List Vendors and answer Vendor questions. • Participate in the on-site software demos (anticipate three 2 -day demos). Attendees will take notes and complete a vendor evaluation for each vendor solution viewed. UtResoc ces www.softresources.com _ ; Page 17 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS • Participate in the Demo Wrap -Up Meeting at the conclusion of the Demos and determine top one or two finalist vendors. • Conduct and participate in the vendor reference checks. • Participate in the final decision meeting; agree on the final decision criteria, review and final rank the software solutions, make the final software decision. Phase 5 — Contract Negotiation • Review and make decisions regarding the contract review comments, clause modifications, deletions, and insertions. • Have legal counsel perform a review of the contracts. • Conduct vendor negotiations and make final decisions of requests and concessions. • Review and approve the SOW. • Prepare and present the final negotiated contract to Council. Chart: Timeline Estimate for Phases 1-5 1— Project Inti 1.1 Project Pla * 1.2 Project M *Regular status updates and management of Project Plan through completion — estimate eight months. 2 — Needs Assessment Month 4 Month 1 Month 2 Month 3 2.1 Requirements Analysis 2.2 Key Requirements Definition 2.3 Needs Assessment Report 3 — Request for Proposal 3.1 Prepare RFP *3.2 RFP Management *Recommend the vendors have a minimum of four weeks to respond. www.softresources.com Page 18 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS 4 — Best Fit Analysis Month 5 Month 6 Month 7 Month 4.1 Vendor Evaluation Software Demos — assume three 2- day demos + 1 day Demo Wrap Up 7 days Total On-site Days 11 days 4.2 Short List Recommendation 4.3 Demo Script and Request for Demo Letter 4.4 Demo Facilitation 4.5 Decision Analysis 5 — Contract Negotiation *5.1 Contract Review *5.2 SOW Review *5.3 Direct Negotiation Participation *Note it is unknown how long the City's legal counsel and process for approval will take. S. Staffing SoftResources Project Manager will direct and ensure all services are successfully executed. The Project Consultant will work in tandem with the Project Manager to provide all services and deliverables. The City will have direct access to the Project Manager who will have authority to resolve issues and act quickly to address any needs. No part of the promised services will be handed off to less experienced staff. The Core Team will maintain a knowledge and continuity of the City's project. All SoftResources consultants are located at our Kirkland, WA office. SoftResources will not require office space at the City. However, space will be required for on-site activities including: On -Site Project Kickoff and Requirements Workshops 3 days Short List Presentation 1 day Software Demos — assume three 2- day demos + 1 day Demo Wrap Up 7 days Total On-site Days 11 days Following are resumes for Elaine Watson and Pamela Ettien. =hi www.softresources.com \'C I Page 19 Proposal for City of Costa Mesa RFP No. 17-05 Elaine Watson, CPA Principal — Consulting Practice Experience and Qualifications Project Management for Software Replacement of LMS • Co-founder and Principal of SoftResources directly responsible for the software selection and implementation practices at SoftResources. • 30 years managing software evaluation and selection projects providing software/technology assessment, requirements analysis, RFP creation, software selection, implementation partner selection, and implementation project management. • 23 years providing software consulting to Government, Nonprofit and Commercial clients. • Implementation Project Management acting as Project Manager for the implementation of a variety of business systems. End result has been projects that have been on time, and within budget and project scope. • Masters of Business Administration, University of Puget Sound; Bachelor of Arts in Business Administration, University of Washington • Certified Public Accountant, 1987; Washington Society of Certified Public Accountants; Project Management training (The Versatile Company; GFOA), Project Management Certification in process. Table: Samples of Ms. Watson's Projects � \ www.softresources.com ' — 1 Page 20 ProjectClient Temecula, CA • Permitting, Business License and Code Enforcement Assessment and Selection San Mateo, CA • Permit and Land Tracking Implementation Project Management • Tyler Cashiering Implementation Project Management Pasadena, CA ' • Land Management and Permitting Selection ---- Hayward, CA • --------- Permit System Assessment and Selection Bellingham, WA • Planning and Permitting and Work Management Assessment and Selection • ERP Software Selection Whatcom County, WA • Permit Tracking and Data Management Assessment and Selection Temple City, CA • Land Management and Permitting Assessment Newark, CA • ERP Assessment and Selection Simi Valley, CA • ERP and Permitting Implementation Project Management Oversight Moreno Valley, CA . ERP Assessment and Selection Dublin, CA • ERP Selection Clearwater, FL • ERP Assessment and Selection � \ www.softresources.com ' — 1 Page 20 Proposal for City of Costa Mesa RFP No. 17-05 Pamela Ettien Manager Experience and Qualifications • Project Management for Software Replacement of LMS Manager at SoftResources responsible for software and technology assessment, requirements analysis and definition, RFP creation, software selection, implementation partner selection, vendor research, information and document management, deliverables, implementation support, speeches/presentations, and special projects. 19 years' experience providing software evaluation consulting services for government, nonprofit and commercial sector clients. 19 years' experience evaluating many types of business software including enterprise resource planning, financial management, human resources, payroll, permit/community development, distribution, enterprise asset management/CMMS, customer relationship management, and more. Presenter at industry trade shows including CSMFO and WFOA government finance officer conferences on the software selection process and software vendors; co-authored articles on software selection. Associate Degree; Project Management training (The Versatile Company) Table: Samples of Ms. Ettien's Projects Temecula, CA San Mateo, CA - Pasadena, CA Hayward, CA Bellingham, WA Whatcom County, WA Temple City, CA Seminole Tribe of Florida Newark, CA Dublin, CA Moreno Valley, CA Clearwater, FL • Permitting, Business License and Code Enforcement Assessment and Selection • Permit and Land Tracking Assessment and Selection Land Management and Permitting Selection • Permit System Assessment and Selection Planning and Permitting and Work Management Assessment and Selection ERP Software Selection Permit Tracking and Data Management Assessment and Selection Land Management and Permitting Assessment • Community Development and Permitting • ERP Assessment and Selection • ERP Selection • ERP Assessment and Selection • ERP Assessment and Selection WtR www.softresources.com �, i I Page 21 Proposal for City of Costa Mesa RFP No. 17-05 6. Qualifications Table: Five References Project Management for Software Replacement of LMS City of Temecula, California — 344 employees; 106,780 population John De Gange, GIS Administrator, Co -Project Manager 951-308-6326 iohn.degange@cityoftemgcula.or, Proiect: Community Development including Planning, Permitting, Business License and Cashiering Selection and Implementation Project Management Summary Services • Project Initiation — developed Project Plan, assigned resources to tasks and activities and managed project through successful completion. • Requirements Analysis — conducted on-site interviews to gather data about the current system environment, user needs, business process observations and future vision. • Key Requirements Document — vetted interview data and developed Key Functional and Technical Requirements document. • User Needs Assessment— Permitting software best practices, processes analysis, system integration analysis, compiled report and presented. • RFP — developed RFP and assisted with management of solicitation. • Vendor Selection — reviewed vendor bids, conducted vendor research, made Short List recommendation, developed Demo Script and facilitated demos, final decision coaching, Process Flow Assessment Diagrams. • Contract Negotiation - review and negotiation services. • Implementation Project Management—provided Project Management support for the implementation of the new LMS and cashiering module. Selection: March 2012 — March 2013 Implementation Project Management: May 2013 —July 2014 Elaine Watson, Principal — Project Manager for selection project and implementation of newly selected system Pamela Ettien, Manager— Project Consultant working with Ms. Watson. to provide all services through the selection project. City of San Mateo, California — 632 employees; 101,128 population Pete Owen, IT Director 650.522.7074 pgywenra�cityofsanmateo.or Proiect: Permit and Land Development Tracking Assessment and Selection Proiect: Implementation Project Management for Permit and Project Tracking and for Cashiering Summary of Services �esourc^,�es www.softresources.com &-Z — I Page 22 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS • Project Initiation —finalized Project Plan, Schedule and Timeline and managed the project through successful completion. • Requirements Analysis — conducted on-site interviews to gather data about the current system environment, user needs, business process observations and future vision. • Key Requirements Document—vetted interview data and developed Key Functional and Technical Requirements document. • Needs Assessment — conducted assessment of current software, assessed options and provided a market overview, created high level process charts, developed systems diagram, provided best practices recommendations, compiled report and presented • RFP — prepared RFP and assisted to manage solicitation • Vendor Selection —evaluated vendor proposals, conducted vendor research, made Short List Recommendation, developed Demo Script and facilitated demos, final decision coaching. • implementation Project Management — provided Project Management services for the implementation of new software and cashiering module. Selection: July 2012 — March 2013 Implementation Project Management: October 2013 -January 2016 LMS: Trisha Tubbs, Director; Cherish Cruz Manager; Pamela Ettien, Manager provided all services for the assessment and selection of software. Elaine Watson — Implementation Project Management for implementation of new Permit and Land Tracking system; and then engaged to provide Implementation Project Management for Cashiering module. Client Name City of Pasadena, California — 2,139 employees; 148,126 population Contact John Reimers, Program Management Office, Dept. of 1T 626.744.4088 Ireimers@cityofpasadena.net Project - Proiect: Land Management and Permitting Selection Summary of Services • Project Initiation —finalized Project Plan, Schedule and Timeline and managed the project through completion. • Requirements Analysis — conducted on-site interviews to gather data about the current system environment, user needs, business process observations and future vision. • Key Requirements Document —vetted interview data and developed Key Functional and Technical Requirements document. • RFP — developed RFP for software and assisted to manage RFP solicitation process. • Vendor Selection — reviewed all returned proposals and conducted vendor research, made Short List Recommendation, developed demo script and facilitated demos, final decision support. sa�cR„esourc`�es www.softresources.com _ CO !> I Page 23 Proposal for City of Costa Mesa RFP No. 17-05 Project Management for Software Replacement of LMS • Contract Negotiation — contract review and negotiation services. May 2012 —July 2013 Elaine Watson, Principal — Project Manager responsible for successful completion and active in providing all services. Pamela Ettien, Manager — Project Consultant working with Ms. Watson to provide all services. City of Hayward, California — 791 employees; 151,574 population Stacey Bristow, Deputy Director of Development Services 510.583.4233 stacey.bristow@hayward-g2.gov Proiect: Permitting System Assessment and Selection Summary of Services + Project Initiation — finalized Project Pian, Schedule and Timeline and managed the project through completion. • Requirements Analysis — conducted on-site interviews to gather data about the current system environment, user needs, business process observations and future vision. • Key Requirements Document — vetted interview data and developed Key Functional and Technical Requirements document. • RFP — prepared RFP and assisted to manage solicitation • Vendor Selection — currently evaluating vendor proposals, conducting vendor research down to Short List Recommendation, developing Demo Script and will facilitated demos, final decision coaching. • Future service Contract Negotiation July 2016 - Current Elaine Watson, Principal — Project Manager responsible for successful completion and active in providing all services. Pamela Ettien, Manager — Project Consultant working with Ms. Watson to provide all services. City of Bellingham, WA — 900 employees; 81,000 population Marty Mulholland, Director, Information Technology Services Department 360-778-8050 mmulholland@cob.ore Proiect: Planning and Permitting and Work Management Assessment and Permitting and Planning Selection Scope of the Software Permitting and Land Management, Inspections, Code Enforcement, Work Management, GIS Connectors, Citizen Access Portal. Also explored options for Work Management including Asset Management, Work Orders, Preventive www.softresources.com __ `r' Page 24 Proposal for City of Costa Mesa RFP No. 17-05 Maintenance and Inventory. Summary of Services Project Management for Software Replacement of LMS • Project Management — finalized Project Plan and Schedule and managed the project through successful completion. • Requirements Analysis — Conducted requirements and business processes interview workshops for permitting and work management and developed Key Functional and Technical Requirements document. • Business Process Maps — prepared workflow diagrams for permitting and work management, presented Workflow Diagrams and Key System and Integrations Requirements. Developed As -Is Business Process Maps and identified areas for process improvement with replacement. • Market Analysis — conducted high level market research for planning and permitting and work management software to identity critical differentiators of software systems; developed system requirements, selection process and evaluation process; identified business process gaps and prepared a Market Summary Report and presented. • Software Strategy Assessment — conducted project analysis and management review assessment of whether the City should conduct two separate RFPs for software or combine for permitting and work management. Compiled report and presented. • RFP—developed RFP for software and provided RFP management • Vendor Selection — reviewed RFP proposals, conducted vendor research, developed Demo Script and facilitated demos, decision support. • Contract Negotiation — contract review and negotiation services. April 2013 — August 2014 Elaine Watson, Principal — Project Manager responsible for successful completion and active in providing all services. Pamela Ettien, Manager— Project Consultant working with Ms. Watson to provide all services. sgr£,r �s www.softresources.com I Page 25 Proposal for City of Costa Mesa RPP No. 17-05 7. Financial Capacity Project Management for Software Replacement of LMS SoftResources is privately held limited liability company and as such we do not provide financial information in public documents. We are happy to provide evidence of financial stability if we are short listed or awarded this opportunity. SoftResources has never failed to complete a project in our 21 years providing software consulting. We have never had any administrative proceedings, claims, lawsuits or other exposures brought against us. 8. Cost Proposal SoftResources has completed the City's Attachment B — Cost Proposal found in Section 11— Checklist of Forms to Accompany Proposal. In addition to that we have also included a detailed hour and fee Excel spreadsheet under Section 12 — Exhbits. 9. Disclosure To the best of our knowledge, no SoftResources employee or owner has had any past or current business or personal relationships with any current Costa Mesa elected official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. 10. Sample Professional Service Agreement SoftResources has reviewed the City's Sample Professional Service Agreement and has noted exceptions below. Please note that SoftResources will work with the City to determine mutually agreeable language. Exceptions 6.9. Indemnification and Hold Harmless. Delete the last sentence and add the following: Total liability for Professional Liability ONLY (errors and omissions) for the written reports and verbal counsel provided to City by Consultant for the scope of services in this Agreement will be limited to the amount paid by the City to Consultant. 6.13. Ownership of Work Product. Add the following: Notwithstanding the above, Consultant retains ownership of any tools, templates, and information that Consultant developed independently of this project and uses for many clients. 11. Checklist of Forms to Accompany Proposal SoftResources has completed and included the required forms requested by the City �ie�Resources www.softresources.com Page 26 RFP# 17-05-CO1340 COMPANY PROFILE & REFERENCES Company Profile Company Legal Name: SoftResources LLC Company Legal Status (corporation, partnership, sole proprietor etc.): Limited Liability Compan Active licenses issued by the California State Contractor's License Board: Not Applicable Business Address: 11411 NE 124th Street, Suite 270, Kirkland, WA 98034 Website Address: www.softresources.com Telephone Number: 425.216.4030 Facsimile Number: 425.968.4131 Email Address: info@softresources.com Length of time the firm has been in business: 21 years Length of time at current location: 9 years Is your firm a sole proprietorship doing business under a different name: Yes ✓ No If yes, please indicate sole proprietor's name and the name you are doing business under: _ Is your firm incorporated: Yes ✓ No If yes, State of Incorporation: Federal Taxpayer ID Number: 91-1700358 Regular business hours: 8:00 a.m. to 5:30 p.m. Regular holidays and hours when business is closed: Presidents' Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve and Christmas Day, New Year's Contact person in reference to this solicitation: Spencer Arnesen, CPA, Principal _ Telephone Number: 425.216.4030 Email Address: samesen@softresources.com Contact person for accounts payable: Elaine Watson, CPA Facsimile Number: 425.968.4131 Telephone Number: 425.216.4030 Facsimile Number: 425.968.4131 Email Address: ewatson@softresources.com Name of Project Manager: Elaine Watson, CPA, Principal Telephone Number: 425.216.4030 Facsimile Number: 425.968.4131 Email Address: —ewatson@softresources.com Page 29 of 33 RFP#17-05-001340 COMPANY PROFILE & REFERENCES (Continued) Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least five clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information. Company Name: City of Temecula Telephone Number: 951.308.6326 Contact Name: --John DeGange, GIS Administrator Contract Amount: $217,100 Email: john.degange@cityoftemecula.org Address: 410000 Main Street, Temecula, CA 92589 Brief Contract Description: Assessment and Selection of Community Development System and Implementation Project Mgmt for new LMS Company Name: _Plty of San Mateo Contact Name: Pete Owen, Director IT Email: powenocityofsanmateo.o.rq Address: 330 West 20th Avenue, San Mateo, CA 94403 Telephone Number: 650.522.7074 Contract Amount: $324,911 Brief Contract Description: Assessment and Selection of Permit and Project Tracking System and Implementation Project Mgmt for Tyler EnerGov and Cashiering Company Name: _ City of Pasadena Telephone Number: 626.744.4088 -- ----- Contact Name: John Reimers, Program Management, Dept. IT Contract Amount: $110,558 Email: jreimers(Mcityofpasadena. net Address: 100 N Garfield Avenue, N134, Pasadena, CA 91101 Brief Contract Description: Selection of Land Management and Permitting System (LMS) Company Name: City of Hayward Telephone Number: 510.583.4233 Contact Name: Stacey Bristow, Deputy Director of Development Services Contract Amount: $74,792 Email: stacey.bilisto ayward-ca.gov Address: 777 B Street, Hayward, CA 94541 Brief Contract Description: _ Assessment and Selection of Permitting System Company Name: City of Bellingham Telephone Number: 360.778.8050 Contact Name: Marty Mulholland, Director, IT Services Department Contract Amount: $135,000 — ----------- Email: mmulholland(ftob.orci Address: 625 Halleck Street, Bellingham, WA 98225 Brief Contract Description: Assessment and Selection of Permitting and Planning and Work Mangement System Page 30 of 33 — 6�� — RFP#17-05-001340 EX PARTE COMMUNICATIONS CERTIFICATION Please indicate by signing below one of the following two statements. Only sign one statement. I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning RFP No. 17-05 PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM at any time after November 2, 2016. Sign ure Spencer Arnesen, Principal Print OR Date: November 15, 2016 I certify that Proposer or Proposer's representatives have communicated after November 2, 2016 with a City Councilmember concerning RFP No. 17-05 PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM. A copy of all such communications is attached to this form for public distribution. Signature Print Date: Page 26 of 33 / �Y I RFP#17-05-001340 ATTACHMENT B COST PROPOSAL FOR PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in section Scope of Work, Attachment A. Also provide your firm's proposed Staffing Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any added value. Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles - Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at www.bls.,-,ov.) Employee Hourly Rate Hours worked Total Cost Overtime rate Elaine Watson, CPA $ 175 282 $ 49,350 $ Not Applicable Pamela Ettien $ 175 174 $ 30,450 $ Not Applicable Travel Expenses $ 7,702 $ 7,702 $ Not Applicable z I Total Estimated Annual Price $ 87,502 Page 33 of 33 � c RFP#17-05-001344 DISCLOSURE OF GOVERNMENT POSITIONS Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." None Page 28 of 33 — —I l RFP# 17-05.001340 DISQUALIFICATION QUESTIONNAIRE The Contractor shall complete the following questionnaire: Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation? Yes No V If the answer is yes, explain the circumstances in the following space. Page 27 of 33 -� 2 STAFFING PLAN 1. Primary Staff to perform Agreement duties I7 � �I�iZtF�ttltItL:i, Name Classification/Title 1 Years of Experience Elaine Watson, CPR Principal/Project Manager 23+ years/cofounder of SoftResources Pamela Ettien Manager/ Project Consultant 19 years at SoftResources 2. Alternate staff (for use only if primary staff are not available) Name Classification/Title Years of Experience Ron Loos, CISSP Director 3 years at SoftResources Cherish Cruz Manager 14 years at SoftResources Substitution or addition of Proposer's key personnel in any given category or classification shall be allowed only with prior written approval of the City Project Manager. The Proposer may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and timing of the service required. Assignment of additional key personnel shall be subject to City Project Manager approval. City reserves the right to have any of Contractor personnel removed from providing services to the City under this Agreement. City is not required to provide any reason for the request for removal of any Contractor personnel. Page 31 of 33 `r Proposal for City of Costa Mesa RFP No. 17-05 12. Exhibits Project Management for Software Replacement of LMS Exhibit A: Detailed Hour and Fee Estimate for Costa Mesa Software Replacement LMS ?f ^1 www.softresources.com — �-v I Page 27 Exhibit A: Detailed Hour and Fee Estimate for Costa Mesa Software Replacement of LMS Worts Performed by Phase Director Manager Total Hours Estimated Fees 8 $175 $175 3,500 Phase 1- Project Initiation 16 28 4,900 1.1 Project Plan 8 8 16 2,800 1.2 Project Management 16 016 _ _ 2,800 120 Total Hours 24 8 32 5,600 Phase 2 - Needs Assessment 2.1 Requirements Analysis (3 days on-site) 2.2 Key Requirements Definition 2.3 Needs Assessment Report Phase 3 - Request for Proposal 3.1 Prepare RFP 3.2 RFP Management Phase 4 - Best Fit Analysis 4.1 Vendor Evaluation 4.2 Short list Recommendation 4.3 Demo Script and Request for Demo letter 4.4 Demo Facilitation (7 days on-site) 4.5 Decision Analysis Phase 5 - Contract Negotiation 5.1 Contract Review 5.2 SOW Review 4.3 Direct Negotiation Participation 24 24 48 8,400 12 18 30 5,250 24 28 52 9,100 Total Hours 60 70 130 22,750 10 16 26 4,550 8 8 16 2,800 Total Hours 18 24 42 7,350 Total Hours Total Hours (Optional) Phase 6 - Implementation Project Management Oversight Implementation Project Management Services Total Hours Total Estimated Fees Estimated Expenses (Phases 1-41 Total Fixed Fees and Expenses Estimated Expenses for On-site Trips (Phases 1-5) On-site Workshops (4 days on-site) Roundtrip Airfare $275 x 2 persons 550 Car Rental $100/day x 4 days 400 Parking $35/day x 5 days x 2 persons 350 Per Diem $64/day x 4 days x 2 persons 512 Hotel $200/night x 4 nights x 2 persons 1,600 $3,412 Short list Presentation (1 day on-site) Roundtrip Airfare $275 x 2 persons 550 Car Rental $100/day x 1 day 100 Parking $35/day x 1 day x 2 persons 70 Per Diem $64/day x 1 day x 2 persons 128 Hotel $175/night x 0 nights - $848 Demo Facilitation (7 days on-site) Roundtrip Airfare $275 x 2 trips x 1 pesron 550 Car Rental $100/day x 7 days 700 Parking $35/day x 8 days 280 Per Diem $64/day x 8 days x 1 person 512 Hotel $200/night x 7 nights x 1 person 1,400 $3,442 Estimated Expenses $ 7,702 24 28 52 9,100 8 12 20 3,500 12 16 28 4,900 60 4 64 11,200 16 12 28 4,900 120 72 192 33,600 20 0 20 3,500 20 0 20 3,500 20 0 20 3,500 60 0 60 10,500 TBD TBD 0 TBD 0 0 0 TBD 282 174 456 79,800 7,702 87,502 EXHIBIT C FEE SCHEDULE RFP# 1 7-05-00 1 340 ATTACHMENT S COST PROPOSAL FOR PROJECT MANAGEMENT FOR SOFTWARE REPLACEMENT OF A LAND MANAGEMENT SYSTEM Provide hourly rates, along with estimated annual pricing in accordance with the City's current requirements, as set forth in section Scope of Work, Attachment A. Also provide your firm's proposed Staffing Plan on a separate sheet of paper. Proposer should use a separate form to state pricing for any added value. Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles - Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor's website at www.bls.,ov.) Employee Hourly Rate Hours worked Total Cost Overtime rate Elaine Watson, CPA $ 175 282 $ 49,350 $ Not Applicable Pamela Elden $ 175 174 $ 30,450 $ Not Applicable i Travel Expenses $ 7,702 $ 7,702 $ Not Applicable $ I i j$ i ($ 1 $ $ $ $ $ $ $ I $ $ Total Estimated Annual Price $ 87,502 Page 33 of 33 " _l —I — EXHIBIT D CERTIFICATES OF INSURANCE ® CERTIFICATE OF LIABILITY INSURANCE A�0 DATE (MM/DDIYYYY) 2/1/2017 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 Arthur J. Gallagher Co.P"°NE Insurance Brokers off California, Inc. 18201 Von Karman Avenue, Suite 200 CONTACT Arthur J Gallagher & Co. . 949-349-9800 FAX 949-349-9900 E-MAIL INSURERS AFFORDING COVERAGE NAIC # Irvine CA 92612 INSURERA:Ohio Security Insurance Company 24082 BKS55021518 INSURED INSURER B: Ohio Casualt Insurance Company 24074 Softresources, LLC INSURERC:Mount Vernon Fire Insurance Company 26522 Suite 270 11411 NE 124th Street INSURER D: INSURER E: Kirkland WA 98034 INSURER F: MED EXP (Any one person) $15,000 COVERAGES CERTIFICATE NUMBER: 1037808256 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y BKS55021518 1/25/2017 1/25/2018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $15,000 PERSONAL BADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY 1 PRO JECT F7LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BKS55021518 1/25/2017 1/25/2018 MBINED IN LE LIMIT $ Ea accident 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY X PROPERTY DAMAGE Per accident $ B UMBRELLA LIAB X OCCUR ES055021518 1/25/2017 1/25/2018 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 X EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVEEl BKS55021518 1/25/2017 1/25/2018 STATUTE X OR" WA STOP GAP E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability TK2000808K 1/25/2017 1/25/2018 Aggregate 2,000,000 Per Claim 2,000,000 Deductible 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project Management for Software Replacement of a Land Management System – RFP No. 17-05. Certificate Holders continued, The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. See Attached... CERTIFICATE HOLDER CANCELLATION City of Costa Mesa Development Services Department 77 Fair Drive Costa Mesa CA 92626 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE_ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD —91 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J. Gallagher & Co. Softresources, LLC Suite 270 11411 NE 124th Street POLICY NUMBER Kirkland WA 98034 CARRIER NAIC CODE EFFECTIVE DATE: AUUI I IUNAL THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City. The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy. Certificate holder is included as additional insured as respects general liability per the attached blanket form. Additional insured status cannot apply to hired or non owned auto. Waiver of subrogation does not apply to stop gap liability as Washington is a monopolistic state. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. _ g2 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Anyone premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or - organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However; The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or - agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. t. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS /MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, Includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the _ following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contractor written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 8 of 8 EXHIBIT E CITY COUNCIL POLICY 100-5 CITY OF COSTA MESA, CALIFORNIA SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 COUNCIL POLICY BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; B. Establishing a Drug -Free Awareness Program to inform employees about: _CIC — SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 G. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. ATTACHMENT 2 CITY OF COSTA MESA, CALIFORNIA w Purchase Requisition El Purchase Order ❑ Change Order ❑ Amendment (Leave Blank for Time Stamp) Purchase Order Number (Assigned by Purchasing) Business Unit: City Date Requisitioned: 01/31/17 Department: Development Services Division: Planning Ship To Address: 77 Fair Drive, CM 92626 Contact Person: Silvia Kennerson Phone Number: 5023 Send Copy of P.O. to: E Contact Person and / or ® Request is for Budgeted item(s) ❑ Request is for UNBUDGETED item(s)-(Memo Attached) ❑ Item(s) Pending Budget Amendment Request # ❑ Requesting Sole Source (Justification Form Attached) ❑ Fixed Asset Tag Request Item Item Qty Unit Items (Give Full Description: Size, Catalog No. Etc.) Unit Price Estimated Amount 1 Professional Services Agreement Between the City and Soft Resources $87,502.00 For Project Management Software Replacement for a Land Management System Reference RFP 17-05 With a Four 4 Year Renewal Option 2 Contingency fund $12,498.00 I1'additional lines are needed, please attach a second sheet. Const./Prof. Svs. Agmt. Completion Date: _02/21/18 Insurance Required: E Yes (Certificate attached) ❑ No Sales Tax (8.00%): Include Shipping Fee: Estimated Total Cost: $100,000.00 Item # Account Fund Dept./Org. Program Project Amount Total: $100,000.00 Item is scheduled on Consent Calendar on 2/21/17. Starting 2/22/17/ Ending 2/21/18 Proper approvals are required before requisition Suggested Vendor: Soft Resources, LLC Address: 11411 NE 124th Street, Suite 270 Ordered By: City, State, Zip Code: Kirkland, WA 98034 Phone: 425-216-4030 Fax: Approved By: Contact Person/Email: Spencer Arnesen, CPA Approved By: sarnesen(aD-softresources. com Department Director/Authorized Signature Director of Finance/Purchasing Officer Chief Executive Officer (when required) REV.2129/16 — CM Rev FY'l2/13