HomeMy WebLinkAboutContracts & Agreements_159-2014_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of services associated with Paradigm Software, LLC
("Agreement") is made and entered in this 20`h Day of August, 2014 ("Effective Date"),by and
between the City of Redlands, a municipal corporation ("City)" and Paradigm Software, LLC
("Consultant"). City and Consultant are sometimes individually referred to herein as a"Party"
and, together, as the "Parties." In consideration of the mutual promises contained herein, City
and Consultant agree as follows:
ARTICLE 1 —ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide Coinpu Weigh Software System and all
associated hardware and equipment for the California Street Landfill Unattended
Weighing System for City's Quality of Life Department (see "Services".)
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services.
ARTICLE 2— SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perfonn are more particularly described in Exhibit
"A," entitled "Scope of Services,"which is attached hereto and incorporated herein by
reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to State prevailing wage
laws.
ARTICLE 3 —RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant infonnation in its possession that may assist
Consultant in performing the Services.
3.2 City designates Tim Sullivan, Senior Project Manager, as City's representative with
respect to performance of the Services, and such person shall have the authority to
transmit instructions, receive information, interpret and define City's policies and
decisions with respect to performance of the Services.
ARTICLE 4—PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," entitled"Project Schedule,"which
is attached hereto and incorporated herein by reference. The Services shall commence
within ten (10) days of the Effective Date of this Agreement.
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4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same. It shall be the obligation of Consultant to
obtain a copy of such policy from City Staff.
ARTICLE 5 —PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's perfonnance of the Services shall not exceed the
amount of Forty Nine Thousand, Seven Hundred Fifty One Dollars($49,751.00.) City
shall pay Consultant on a time and materials basis up to the not to exceed amount, in
accordance with Exhibit "C" entitled"Fee Proposal." Exhibit"C"is attached hereto and
incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent and
by whom, and a description of reimbursable expenses related to the project. City shall pay
Consultant no later than thirty(30) days after receipt and approval by City of Consultant's
invoice.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
City Consultant
Fred Cardenas, Director Jackie W. Barlow, II, Vice President
Quality of Life Department Paradigm Software, LLC
City of Redlands 113 Old Padonia Road, Suite 200
35 Cajon Street, Suite 222 Cockeysville, Maryland 21030
PO. Box 3005 (mailing)
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. Changes may be made in the names and addresses of the person to whom notices
and payments are to be given by giving notice pursuant to this section 5.3.
ARTICLE 6—INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until the required insurance listed below is obtained by Consultant. Consultant shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. Insurance policies shall include a provision
prohibiting cancellation or modification of the policy except upon thirty(30) days prior
written notice to City.
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6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California. Consultant shall provide City with Exhibit "D," entitled
"Workers' Compensation Insurance Certification,"which is attached hereto and
incorporated herein by this reference prior to occupancy of the Premises.
6.3 Consultant shall secure and maintain comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000)per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City.
6.4 Consultant shall secure and maintain professional liability insurance throughout the term
of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
6.5 Consultant shall have business auto liability coverage, with minimum limits of One
Million Dollars ($1,000,000)per occurrence, combined single limit bodily injury liability
and property damage liability.This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non-owned
vehicles, and employee non-ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or self
insurance maintained by City.
6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by and negligent act or omission by, or the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services.
ARTICLE 7—CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services. Consultant further covenants and
represents that in the perfonnance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
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(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize the City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which City
is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt or grant City approval of, policies, standards or guidelines for City or
for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City officially determines that Consultant must disclose its financial
interests, Consultant shall complete and file a Fair Political Practices Commission Foran
700, Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 —GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terns or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement.
8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other
documents developed by Consultant in connection with its performance of the Services,
and any copyright interest in such documents, shall become the property of City and shall
be delivered to City upon completion of the Services, or upon the request of City. Any
reuse of such documents, and any use of incomplete documents, shall be at City's sole
risk.
8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
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whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation.
8.5 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City. This Agreement may be terminated
by City, in its sole discretion, by providing not less than five (5) days prior written notice
to Consultant(delivered by certified mail, return receipt requested) of City's intent to
terminate. If this Agreement is terminated by City, an adjustment to Consultant's
compensation shall be made, but (1) no amount shall be allowed for anticipated profit or
unperformed Services, and (2) any payment due Consultant at the time of termination
may be adjusted to the extent of any additional costs to City occasioned by any default by
Consultant. Upon receipt of a tennination notice, Consultant shall immediately
discontinue its provision of the Services and, within five (5) days of the date of the
tennination notice, deliver or otherwise make available to City, copies (in both hard copy
and electronic form, where applicable) of project related data, design calculations,
drawings, specifications, reports, estimates, summaries and such other information and
materials as may have been accumulated by Consultant in performing the Services.
Consultant shall be compensated on a pro-rata basis for Services completed up to the date
of termination.
8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three(3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, an
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant.
8.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
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INi WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
CITY OF REDLANDS ByPARADIGM11 OFTWAR -
lay.
'kie W. Barlow,
Petaor V
e Aguilar, My
Attest:
§atia r:�in'City' Clerk
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EXHIBIT "A"
STATEMENT OF WORK
GENERAL
This Exhibit A - Statement of Work (the "SOW") forms part of the System Implementation
Agreement and the Standard Support Services Agreement (the "Agreements") between the
Parties dated as of the Effective Date of the Agreements for the provision of professional
services, software and support for the Project. Any capitalized term not defined herein shall
have the definition provided for in the Agreements. The provisions set out in the
Agreement(s) shall apply in the event of any inconsistency or conflict between the terms of
this SOW and any other part of the Agreement(s).
DETAILED STATEMENT OF WORK
1. GENERAL PROJECT MANAGEMENT
The parties each agree to designate a Project Manager from their respective organizations
with adequate authority and full technical competence to deal with matters relating to the
Products and Services to be provided under the Agreement in relation to RFP #QOL032014
for hardware, software, and services for the delivery of an Landfill Scale Software and
Operating Equipment (the "Solution") for the Quality of Life Department for the City of
Redlands, CA. The Project Managers will, on behalf of their respective parties and in
accordance with the spirit of this Agreement, use all reasonable efforts to co-ordinate the
timely supply, delivery, and performance of products and Services as specified in the
Agreement. The Project Manager for the CUSTOMER is currently Chris Boatman and for
PARADIGM is currently, Chris Holmes. All Project Managers are authorized to deal with the
day-to-day matters related to the delivery of the Services directly related to their designated
authority.
2. SPECIFIC PROJECT MANAGEMENT
(1) PARADIGM's Project Team under the direction of the Project Manager will be
responsible for providing the Products and Services consistent with the Agreement
including the detailed preliminary Project Plan, attached hereto as Attachment 1, with
specific timelines, the scope of work, the Deliverables and all PARADIGMs' resource
assignments for the Project. This Project Plan will be reviewed, modified and
accepted by both parties.
(2) PARADIGM's Project Manager will be responsible for:
(a) submitting the detailed Project Plan & Communication Plan to the
CUSTOMER within two (2) weeks of the execution of the Agreement by
PARADIGM;
(b) providing regular progress reports to the CUSTOMER, including
meeting/interviewing with CUSTOMER Personnel throughout the Project
as required;
(c) meeting/interviewing CUSTOMER Personnel during the course of the
Project as required; and providing overall direction, management and
leadership for the Project;
Exhibit A-Scope of Services Page i of 14
EXHIBIT "A"
(d) attending status meetings either in person or via a designate (as
determined by PARADIGM) or through conference calls or such other
means as may be mutually agreed upon;
(e) working with the CUSTOMER's Project Manager to create as part of the
Project Plan an issues management process to resolve any issues;
(t) making required modifications to the Deliverables in order to obtain
necessary approval (s); and
(g) serving as PARADIGM's key contact for the CUSTOMER.
(3) The CUSTOMER Project Manager will be responsible for:
(a) ensuring the mutually agreed project management communication
methodology is followed;
(b) serving as the key contact for PARADIGM; coordinating status meetings
either in person or via a designate (as determined by the CUSTOMER) or
through conference calls or such other means as may be mutually agreed
upon; working with the PARADIGM Project Manager to resolve any
issues;
(c) approving or disapproving the PARADIGM Deliverables hereunder in a
timely manner. (Note: excluding the performance of the Acceptance
Testing and unless otherwise specified, any CUSTOMER comments,
rejection or approval will be given to PARADIGM no later than seven (7)
days (or as otherwise agreed) after submission of a Deliverable to the
CUSTOMER by PARADIGM.
(d) providing clarification and applicable instructions as requested by
PARADIGM throughout the Project;
(e) monitoring PARADIGM work progress and Deliverables; and providing
overall direction, management and leadership for the Customer Project
team;
(f) obtaining and providing information, data and decisions necessary for the
Project, in accordance with the Project Plan or within five (5) Calendar
Days of PARADIGM's request (whichever is greater), unless the Project
Managers from PARADIGM and the CUSTOMER mutually agree to an
extended response time;
(g) obtaining approval and/or authorizing any agreed-to changes to the
scope of the Project, Deliverables and/or timelines in the Project Plan;
(h) using his/her best efforts to obtain signoff and approval from the
CUSTOMER, within seven (7) Calendar Days, or as mutually agreed to
by the parties acting reasonably, for each Deliverable; and
(i) forwarding any required Notice of Acceptance to the PARADIGM Project
Manager, as appropriate.
(4) The Services will be performed on PARADIGM'S/CUSTOMER'S facilities as needed
during the Project provided that should PARADIGM request resources from the
CUSTOMER, such request must be reviewed and approved by the CUSTOMER
Project Manager. The CUSTOMER will determine if facilities and appropriate
resources will be made available as may be requested from time to time by
PARADIGM.
(5) The CUSTOMER will make every effort to provide a site suitable to support one (1)
PARADIGM Personnel in a single location for the duration of the Project with
telephone and network access.
Exhibit A-Scope or Services Page 2 of 14
EXHIBIT "A"
(6) The CUSTOMER will make available to PARADIGM the necessary CUSTOMER
Personnel as required from time to time during the Project and as identified in the
approved Project Plan. A preliminary list of CUSTOMER Personnel is included in
subsection 3.1 of the SOW and may be substituted from time to time as determined by
the CUSTOMER.
2.1 The functional areas of responsibility for the Project organization are as follows:
(a) CUSTOMER Project Manager: The CUSTOMER's Project Manager will be the
focal point of decision-making and communications between PARADIGM and
the CUSTOMER (see Section 3.1).
(b) CUSTOMER Project Coordinator: The CUSTOMER Project Coordinator will
support the CUSTOMER Project Manager (see Section 3.1).
(c) PARADIGM Project Manager: The PARADIGM Project Manager is responsible
for the Deliverables and will ensure overall CUSTOMER satisfaction for the
Project.
(d) PARADIGM Consultant(s)/Architect(s)/Specialist(s): Under the direction of the
PARADIGM Project Manager, will perform the tasks described in this SOW and
the Agreement.
3. PROJECT TEAM MEMBERS
3.1 CUSTOMER Project Team
CUSTOMER will provide the following Personnel or designate as may be required
from time to time to complete the Project:
CUSTOMER Resources Title
Project Manager(s)
Project Coordinator
Technical Support
Business Analyst
Change Manager
3.2 PARADIGM Project Team
The PARADIGM Project Team listed below will be committed as required in the
Project Plan in the roles that they are performing for the duration of the Project.
The PARADIGM Project Team Members are:
Paradigm Title
Core Resources
Project Manager Chris Holmes Managing Director of
Technical Support
Paradigm
Working Group
Aaron Brossoie Programmer
Nick Downey Programmer
Exhibit A-Scope of Services Page 3 of 14
EXHIBIT "A"
Chris We lein Programmer
Chris Hirsch Programmer
Phil We lein Programmer
Joe Fiedler Technician/Installer
Rudy Toth Technician/Installer
Mark Storie Technician/Installer
Jesse Fiedler Technician/Installer
Jake Fiedler Technician/Installer
Kevin Knapp Technician/Installer
Cheryl Johnson Technician/Installer
Jackie Barlow Vice President
4. SCOPE OF WORK
4.1 Objectives
(i) The Objectives for the Project are for PARADIGM to implement a fully integrated
Landfill Scale Software & Operating Equipment for the Quality of Life Department
\which includes the replacement of the CUSTOMER's current software. This
includes the installation and configuration of the new solution, as well as testing
and training to ensure that the new integrated solution, meets the requirements of
the RFP as may be further defined in the Agreement and this SOW.
(ii) The Solution must include the ability to do the following:
a. Collect the required information on all loads entering and leaving the
CUSTOMER facility;
b. Collect and maintain the required customer/hauler information needed for
billing including detailed truck information as needed for tracking;
c. Automate most transactional business processes for vehicles and materials
entering and exiting facility;
d. Track all material and tonnages disposed of by paying customers, residents
contractors and charities;
e. Collect and manage information on loads, tonnages and balances by material
type;
f. Calculate the appropriate charges for loads entering and leaving the sites;
g. Provide fraud controls and audit functions;
h. Track account balances for customers;
i. Collect account information to support the following accounts types and
activities:
i. Cash;
V. Charge account;
iii. Check;
iv. Invoicing;
j. Provide Reporting capabilities including:
i. Operational reporting;
ii. Management reporting;
Exhibit A-Scope of Services Page 4 of 14
EXHIBIT "A"
k. Retrieve information to plan new programs and improve productivity in all Solid
Waste operations;
I. Implement the Requirements identified in the Agreements;
m. Ad-hoc reporting; and
n. Other functional requirements as specified in PARADIGM's response to
CUSTOMER's Request for Proposal.
4.1.1 Phased approach
(1) PARADIGM will provide the following Services, listed in Phases, which will include but
are not limited to:
(a) Project Management for the entire Project;
(b) Project Initiation;
(c) Preliminary Implementation and testing;
(d) Training;
(e) Full Project Implementation, including configuration & data conversion;
(f)Final Acceptance Testing & Cutover Support Services;
(g) Warranty Period and Post-implementation Support Services.
4.2 Phase 1 -Agreement Execution, Kick-Off Meeting and Project Plan Development
To successfully complete this Phase 1, PARADIGM will coordinate the planning
activities with the CUSTOMER, produce a detailed Project Plan for the Project and
provide a Training Plan and Testing Plan document.
4.2.1 PARADIGM will be responsible to:
(1) Initiate a kick-off meeting with the CUSTOMER Project Team to review and
confirm the CUSTOMER Requirements. This will include confirmation and
verification of the hardware the CUSTOMER will need to acquire in addition to
what is provided in the Agreement (if any) to deploy the software solution within
the CUSTOMER's environment. The CUSTOMER will either use existing
hardware and software and/or acquire them through the CUSTOMER's normal
procurement process.
(2) Leverage the existing CUSTOMER infrastructure in place and be able to
integrate with the existing environment as described in the RFP this includes
providing the CUSTOMER with general requirements for electrical and
communication connections for each equipment location included in the
project.
(3) Provide a Testing Plan for the testing of the Scale House Solution in the
CUSTOMER environment, including a list of CUSTOMER staff positions that
should be involved in the testing to also be provided to the CUSTOMER Project
Manager(s) for acceptance; however, notwithstanding, the CUSTOMER shall
determine the final Test Plan and Acceptance criteria to be used for
Acceptance Testing.
(4) Establish the work efforts and the resources necessary for the Project;
(5) Develop a detailed Project Plan subsequent to assessing the technical
requirements and describe all activities and Deliverables over the duration of
the Project and include specific activities, schedules, resources, Deliverables
and milestones for each Phase of implementation (the "Project Plan"). This
Exhibit A-Scope of Services Page 5 of 14
EXHIBIT "A"
Project Plan will be delivered within two (2) weeks of the execution of the
Agreement by PARADIGM;
(6) Provide a detailed role based Training Plan for both CUSTOMER users of the
Scale House Solution and CUSTOMER staff assigned to support the Scale
House Solution; the Training Plan will be delivered to the CUSTOMER Project
Manager for acceptance.
(7) Purchase, configure and install all hardware as required in this Agreement.
4.2.2 The CUSTOMER will be responsible to:
(1) Provide PARADIGM with sample data from the current CUSTOMER system for
conversion requirements (if any).
(2) Provide PARADIGM with sample report(s) which are required to be included in
the implementation of the Scale House Solution.
(3) Provide PARADIGM with the appropriate technical resources and information
to be used to create the CUSTOMER's database.
(4) Ensure that PARADIGM has access to the minimum starting configuration of
software & hardware as agreed upon and confirmed by the CUSTOMER for
installing and configuring the Scale House Solution.
(5) Review, comment on and if acceptable, approve the Training Plan. Develop a
detailed Testing Plan that will be used for Acceptance Testing.
(6) Provide Notice of Acceptance with respect to the approved Deliverables for this
Phase.
4.2.3 DELIVERABLES
a. Technical and Functional Requirements document;
b. Project Plan;
c. Training Plan;
d. Vendor Recommended Test Plan.
4.3 Phase 2—Preliminary Implementation and Requirements Review
To successfully complete this Phase 2, PARADIGM will provide a recommended acceptance
test plan, and data migration plan to be utilized in Phase 6 (section 4.7 of the SOW).
4.3.1 PARADIGM will be responsible to:
(1) Review and identify out of the box and customizable functionalities.
(2) Document integration point(s) and interface(s) requirements.
(3) Review the sample data provided by the CUSTOMER and develop data
conversion plan for data migration (if any).
(4) Prepare a draft acceptance test plan for the CUSTOMER's review and
consideration.
(5) Install the Solution on the CUSTOMER's testing and training environment.
(6) Configure and customize the Solution to meet the Requirements of the
Agreements.
(7) Test the Solution on the CUSTOMER's testing and training environment.
(8) Assist the CUSTOMER in conducting its preliminary acceptance test.
(9) Make any corrections as identified during the preliminary acceptance test until
all errors are fixed.
Exhibit A-Scope or Services Page 6 or 14
EXHIBIT "A"
4.3.2 The CUSTOMER will be responsible to:
(1) Review of the PARADIGM recommended preliminary acceptance test plan and
development of the CUSTOMER's preliminary acceptance test plan;
(2) Review and approve the data migration plan;
(3) Provide a Notice of Acceptance with respect to the approved Deliverables for
this Phase.
4.3.3 DELIVERABLES
(1) Data Migration plan;
(2) Draft Acceptance Test plan;
(3) Train CUSTOMER system administrator, database administrator and other
support staff.
4.4 Phase 3 —Pilot Program
To successfully complete this Phase 3, PARADIGM will do the following:
4.4.1 PARADIGM will be responsible to:
Prior to performing the f=inal Acceptance Testing of the whole Solution, preliminary
acceptance testing in the CUSTOMER Test Environment, will be completed by the
CUSTOMER (with assistance provided by PARADIGM) as a proof of concept. The
acceptance of the Test Environment will be based on the following criteria:
a) Deliver and install unattended enclosures to the CUSTOMER;
b) Successful acceptance test of all required and proposed functions;
c) Successful demonstration that the Solution's performance and capacity
meets the CUSTOMER's requirements; and in accordance with
PARADIGM's Proposal; and
d) Preliminary training of users. The testing period will include:
i. Correction of all errors or failures in hardware, software, configuration,
customization, interfaces, or conversion; and
ii. Modifications to required Documentation.
4.42 The CUSTOMER will be responsible to:
(1) Review and approve the draft acceptance test proof of concept document;
(2) Execute, review and approve acceptance test results;
(3) Provide a Notice of Acceptance with respect to the approved Deliverables for
this Phase.
4.4.3 DELIVERABLES
(1) Install the Scale House Solution at in Test Environment;
(2) Acceptance test completed in the CUSTOMER Test Environment and results
approved by the CUSTOMER;
(3) Documentation of acceptance test submitted to CUSTOMER Project Manager
as proof of concept for review and approval;
(4) Train Core Team users with results approved by the CUSTOMER.
4.5 Phase 4—Training
Exhibit A-Scope or Services Page 7 of 14
EXHIBIT "A"
To successfully complete this Phase 4, PARADIGM will successfully complete the end user
training for CUSTOMER Staff of the entire Solution in the CUSTOMER's environment, and
provide appropriate user manuals and administrator manuals for the entire Solution. Upon
completion of the Test Environment and upon receipt of a Notice of Acceptance from the
CUSTOMER;
4.5.1 PARADIGM will be responsible to:
(1) Utilize the Training Pian and train approximately 10 operations staff in the use
of the Solution at times and locations necessary to allow continued regular City
of Redlands operations.
(2) Provide documentation (user and administrator manuals) for users and
administrator(s) of the Solution and any other documentation as identified in
section 5.2 of the SOW;
(3) Provide technical staff with a list of all files required by the Solution, the
directories they should exist in, and the access privileges required, for both
workstations and servers;
(4) Provide database staff with training regarding the data architecture and the
data entity diagrams and data view documentation; and
(5) Provide technical training to server and desktop technical staff to be able to
build and support application servers and workstations.
4.5.2 The CUSTOMER will be responsible to:
(1) Review and accept the manuals;
(2) Provide Notice of Acceptance of approved implementation setup based on
mutually agreed acceptance criteria.
4.5.3 DELIVERABLES
(1) Train all CUSTOMER staff which includes users and technical staff supporting
the Scale House Solution;
(2) Provide CUSTOMER technical staff with the documentation and specification
necessary to install and configure hardware and software used for the Solution;
(3) Provide documentation (user, administrator manuals) for users and
administrator(s) of the Solution and any other Documentation as identified in
Statement of Work section 5.2(b); and
(4) Provide data entity diagrams and data view documentation.
4.6 Phase 5— Data Loading and Full System Implementation
To successfully complete this Phase 5, PARADIGM will have conducted data migration (if
any), loaded tables and installed/deployed the Scale House Solution at CUSTOMER facility.
4.6.1 PARADIGM will be responsible to:
(1) Provide the full system Implementation Plan with timelines and Deliverables;
(2) Create conversion scripts or routines from sample data (if any) provided by the
CUSTOMER;
(3) Produce data mapping document for CUSTOMER's review;
(4) Review with the CUSTOMER and rectify sample data script conversion errors
until CUSTOMER Acceptance of the converted data.
Exhibit A-Scope of Services Page 8 of 14
EXHIBIT "A"
(5) Perform data conversion(s) as needed and load onto the target platform.
(6) Install the Solution at the CUSTOMER facility in accordance with the full
system Implementation Plan.
(7) Mount and configure the unattended enclosures on the required scale lanes.
4.6.2 The CUSTOMER will be responsible to:
(1) Provide sample data as required;
(2) Review the data mapping document, if such document is necessary;
(3) After each data conversion, review and assist in determining cause of data
errors after the scripts are run and assist PARADIGM in correcting the errors;
(4) Agree to a data freeze in accordance with the mutually agreed upon Cutover
Plan and subsequent to that freeze enter data into the system using the
PARADIGM application once the Solution is accepted;
(5) Make sure CUSTOMER Personnel, space and other resources are available
for Solution deployment to all CUSTOMER Sites;
(6) Make sure all wiring, electrical, cabling, conduit, bollards, etc. are in place for
installation of the unattended enclosures; and
(7) Review Solution Documentation.
4.6.3 DELIVERABLES
(1) Successfully (as defined by CUSTOMER Acceptance of the converted data)
loaded CUSTOMER data into the CUSTOMER production environment based
on the scripts run against the sample data provided and agreed to by the
CUSTOMER and have received CUSTOMER Acceptance of the training for all
CUSTOMER Staff regarding the Scale House Solution.
(2) Full System Implementation Plan;
(3) Successful demonstration and CUSTOMER Acceptance that the entire
Solution performance conforms to the Requirements;
(4) Install and integrate Licensed Program(s) on the target platform at
CUSTOMER facility in accordance with the full system Implementation Plan;
and
(5) Delivery of the complete Scale House Solution Documentation.
4.7 Phase 6 - Final Acceptance Testing
To successfully complete this Phase 6, PARADIGM will have successfully delivered the entire
Solution.
(1) Acceptance of the whole Solution will be based on the following criteria:
a) CUSTOMER's successful Acceptance Test of all required and proposed
functions across all CUSTOMER Sites;
b) CUSTOMER's confirmation through Acceptance Testing that the entire
Solution's conforms to the Requirements;
C) Successful completion and CUSTOMER Acceptance that all Knowledge
Transfer deliverables have been completed;
d) Delivery of the complete Solution Documentation; and
e) CUSTOMER's successful completion of the f=inal Acceptance Testing.
4.7.1 PARADIGM will be responsible to:
Exhibit A-Scope of Services Page 9 of 14
EXHIBIT "A"
(1) Conduct final testing across all CUSTOMER Sites, and assist the CUSTOMER
with Acceptance Testing, of the entire Solution in accordance with the
CUSTOMER developed Acceptance Test Plan.
(2) Correct any errors and allow the CUSTOMER to retest any function or process
that prevents acceptance.
(3) Conduct any necessary Knowledge Transfer of the Scale House Solution and
provide all necessary Documentation.
4.7.2 The CUSTOMER will be responsible to:
(1) Conduct testing with the assistance of PARADIGM per the CUSTOMER's
Acceptance Test Plan and notify PARADIGM of any error and retest as
required.
(2) Provide a Notice of Acceptance when the Solution has been successfully
tested and all functions are working and performing in accordance with the
Acceptance Test Plan.
4.7.3 DELIVERABLES
(1) Successfully implemented Solution including all training and Documentation
delivered to the CUSTOMER.
(2) Successful completion of all Knowledge Transfer to defined CUSTOMER
Personnel;
(3) Successful completion of the CUSTOMER's Final Acceptance Testing;
4.8 OPERATIONAL AND ONGOING SUPPORT
PARADIGM will provide support during implementation and agrees to provide CompuWeighTM
Software Technical Support Services hereinafter called "Technical Support" to the
CUSTOMER.
Update management, scheduling, installation, pre-approval and validation of all software
updates to maintain the currency of the software (including patches, fixes, etc.) forming part of
the Solution are included at no additional charge to the CUSTOMER provided an active and
paid in full Standard Support Services Agreement is in place.
The Technical Support under this SOW will include the following:
4.8.1 Telephone Support
(a) Support contacts for the CUSTOMER prior to full implementation will be Chris
Boatman,
Exhibit A-Scope of Services Page 10 of 14
EXHIBIT "A"
(b) The Telephone Support Service is from 7:00 a.m. to 6:00 p.m., Eastern Standard
Time (EST) Monday to Friday with a one (1) hour maximum call back time.
Telephone Support will include help desk support, call tracking and management.
After hours emergency support will be provided by PARADIGM at no additional
charge. If an after hours support call is deemed as standard support, and confirmed
by the CUSTOMER, additional charges may apply at PARADIGM's current,
published rates provided PARADIGM has received the prior written authorization of
the CUSTOMER to proceed and a Purchase Order has been issued by the
CUSTOMER for such purpose.
4.8.2 Problem Resolution
Definition — A problem is defined as the failure of unaltered (except by PARADIGM)
CompuWelghTM Software to comply with PARADIGM's customer-level documentation,
when operating in conjunction with unaltered (except by PARADIGM) associated
hardware, software and within the required operational conditions.
Problem Resolution Technical Support
The Technical Support provided to resolve problems shall include:
(i) Assisting the CUSTOMER in isolating problems and preparing problem
documentation, if necessary.
(ii) Following successful implementation and acceptance, and as part of ongoing
maintenance and support, PARADIGM shall assist the CUSTOMER in
resolving problems identified by the CUSTOMER.
(iii) Providing problem resolution by one or more of the following methods:
(a) Corrected executable code.
(b) Corrected documentation.
(c) Published Solid Waste Scale House and CompuWeighTM Software
limitations.
Exhibit A-Scope of Services Pale I 1 of 14
EXHIBIT "A"
4.8.3 Warranty Period and Support Services
(1) PARADIGM will provide an initial ninety (90) day warranty (the "Warranty Period")
for the Solution.
(2) During such Warranty Period, PARADIGM will be expected to provide, at no
additional cost to the CUSTOMER, support and maintenance as per the agreed
level of support.
(3) Patches and fixes, to the extent possible, should utilize existing open systems
standards on the CUSTOMER's network.
(4) The Warranty Period will start once the Solution has been successfully installed
across all CUSTOMER sites into the CUSTOMER production environment and
placed into production use by the CUSTOMER. Final Acceptance of the Solution
will be based on successful completion of production use of the Solution by the
CUSTOMER for the duration of the Warranty Period.
(5) Following the initial Warranty Period, PARADIGM will be required to provide, on an
annual basis, support and maintenance for the Solution.
4.8.4 CUSTOMER RESPONSIBILITIES
To receive the services outlined in 4.8 hereof, the CUSTOMER must provide the following
items:
(a) Secure remote access to the Solid Waste Scale House and CompuWeigh-Im
Software at the CUSTOMER's site. This is required to allow PARADIGM personnel
to access the CUSTOMER's Solid Waste Scale House and CompuWeighTM
Software and database for problem analysis and resolution.
(b) Sufficient information and/or documentation on any problem to allow duplication of
the problem on PARADIGM equipment or CUSTOMER test equipment when
necessary.
(c) Access to the CUSTOMER's Solid Waste Scale House and CompuWeighTM
Software site if on-site maintenance activity is required.
4.8.5 ADDITIONAL SUPPORT (POST IMPLEMENTATION)
(a) Should onsite support be necessary to resolve problems, the CUSTOMER will be
charged for all travel and living expenses incurred by PARADIGM only if the onsite
work is not resolving a Warranty issue and PARADIGM has received prior written
authorization of the CUSTOMER to proceed and a Purchase Order has been issued
by the CUSTOMER for such purpose. PARADIGM shall follow current CUSTOMER
travel reimbursement rates and approval process.
(b) Following successful implementation and acceptance, and as part of ongoing
maintenance and support, PARADIGM shall assist the CUSTOMER in resolving
problems identified by the CUSTOMER.
(c) CUSTOMER shall pay PARADIGM for any work performed by PARADIGM at
CUSTOMER's request that is not covered under this Agreement or is in excess of
the professional services hours included in the contracted service level. The
additional work will be charged at PARADIGM's then current hourly rate provided
PARADIGM has received the prior written authorization of the CUSTOMER to
proceed for work requests not covered under this Agreement.
(d) If applicable, travel and living expenses, and freight are billed at cost. Prior written
authorization from the CUSTOMER is required in advance of any travel.
Exhibit A-Scope or Services Page [3 of 14
EXHIBIT "A"
5. DOCUMENTATION
The CUSTOMER will be provided with the Documentation for all necessary knowledge in
operating the Solution. It will be designed to have a consistent appearance and voice.
Subsets of the Documentation, both generic and customized, have been established to
deliver the content in the most meaningful way to specific audiences. All Documentation,
both generic and customized, will be delivered concurrently with the Solution.
(1) PARADIGM will provide all necessary Documentation including any documentation
on customizations required to operate and to maintain the Solution (if applicable).
The vocabulary should be consistently used throughout the manuals and the
manuals' appearance should also be consistent.
(2) Complete Documentation including any Documentation on customizations will be
provided by PARADIGM for all components of the Solution. All gaps in
Documentation, as well as third party software documentation will be produced
and delivered by PARADIGM to the CUSTOMER concurrently with the Solution.
The complete components of the Solution, which includes technical
documentation, also includes:
(a) Support and Maintenance Documents:
(i) User Documentation manual;
(ii) Administrative Manual
(3) Electronic versions will be delivered with the System. All such Documentation will
be current, complete, accurate and reliable in all material respects.
6. KNOWLEDGE TRANSFER AND TRAINING DELIVERABLES
(1) In order to foster knowledge transfer throughout the Solution integration and
deployment, PARADIGM will make every reasonable effort to include CUSTOMER
Personnel, as appropriate. This would include access to reports, systems, testing
and/or resources, de-briefing sessions, information sessions and meetings.
CUSTOMER Personnel shall not impede the performance of PARADIGM
resources.
(2) PARADIGM will ensure that CUSTOMER Personnel are provided with the
necessary technical support and user training to maximize the potential of the
Scale House Solution. PARADIGM will deliver the technical and user training
necessary during Phase 6 of the SOW.
(3) PARADIGM will provide a training plan in Phase 4 of the SOW that will
accommodate a wide range of prior knowledge, skill and experiences and provide
targeted training appropriate to CUSTOMER Personnel. The training plan will
identify the location, dates and duration of the training sessions.
(4) PARADIGM will provide targeted training sessions and will include training for
system administrators as required during Phase 6 of the SOW.
(5) PARADIGM will provide training that accommodates the knowledge and
experiences of the technical Personnel and user groups. Training will be provided
within the boundaries of Pinellas CUSTOMER. The Scale House Solution project
will not be considered fully delivered unless the required training is provided.
PARADIGM will provide all the necessary Documentation, material and resources
for the training sessions.
Exhibit A-Scope of Services Page 13 of 14
EXHIBIT "A"
7. PAYMENT SCHEDULE FOR THE SCALE HOUSE SOLUTION PROJECT
(1) PARADIGM will be paid on the basis of the Payment Schedule indicated in the
Agreement once it has fulfilled its obligations for the Services and/or Deliverables
as described in the Agreement and as Accepted by the CUSTOMER for such
Services and/or Deliverables for that Milestone in accordance with the Agreement.
(2) Deliverables associated with this SOW will be listed in the Project Plan.
Exhibit A-Scope or Services Page 14 of 14
EMIT a"I "
PROJECTSCHEDULE;
Tatftrrswru
Contract Award/Notice To Proceed 0 days Tue 9/19/14 Tue 8/19/14 County �
Agreement Execution 7 days Tawe 8/19/14 Wed 3/.72/14 1 Both ......- tfr
w .va
Kirk-Off Meeting 2 days t hu 3/28/14 Fri 3,t 9/14 y nth
Develop Initial Project Management ement 1 7 days man 9/1/14 True 9/9114 3 PSLLC PSLLC
Develop Initial Test and Acceptance P 7 days h+4on 911114 Tue 9/9/14 1 fi t LC PRIC;
Develop Initial Training Man T days: men /i/.L4 Toe 9/9114 1 PSt1F _ LL
urchase Hardware/Configure Hardy 30 days Man 911114 Fri 10/0/14 3 PStt�` LL
complete Facility Survey S days gout 9/1/14 Fri q/.5/14 ? County -Courity
Import Trucks I Accounts/Rates/Etc, 3 mays Man 9/8114 Wed 110/1 8 PSLLC I;f' PSLLC
Revuaw f acdity Survey-Begin 14 mays Mon 918114 u 9 f 25/14 8 PSU ,,.. _ LL
Database 5,
Perform n-Une Demo with Crauaaty 1 day Fri 9/26/14 Fri 9/26114 1,0 Botta
datafor County Staff
Correct any issues discovered during 4 clays Mon 9/29/14 Thu.10/2./14 11 PSLLC �PSLL
ors-lime demo
Perform On-true r3erins vw3sth county i day Fri 111}'3/14 Fru 1014 114 12 Both 1
Ce data for County Staff(if necessM
° rsuartky"5rru-Flff on rnati,rl sd'ftws^ase l day Mon,10/6114 stun 1.11114 13 County ctllnty
configuration
,� /.�,
n--Sete Traininbr/Hardwurare lnstalEats 4 affrays Mara 10/13/14 Thu lt7,16/14 7 of ��
t"
Go Live l day Fri lit/jry/14 Fri 10/171834 1
Final Acceptance 5 days Mori 111/7-11/14 Fra 10124/14 16 County „t,. County
Exhibit "C"
City of Redlands
Quality of Life Department
For
Landfill Scale Software & Operating Equipment
Project No.- QOL032014
PRICING
(Please use blank lines for additional items, attach additional sheets as needed)
1f _ rid
nft ne_Pu_rchase $9,450.00.
Software til r r ._.m. _ N/A
Web-Based aced U Fees /A
Implementation/installation , LLC will send two technicians for the price $8,875.010
f ono��x..�m
Data Conversion0
-Warranty/Support Pl n_C101 yo r TY $17,656.4
1-1rdvvro pad Kiosk)
" Permits and inspections (City will only be invoiced for the actual amount of $3,500,00
—Permits and In otion If lioblo .
Total Proposal r
Submitted by
Paradigm Soffivare, L.L.C.
113 Old P d nia Road, Suite 200
EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the p yinent of compensation in one or more of
the following ways.
( By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
b By, securing from the Director of Industrial Relations, a certificate of consent to
self insure, either as an individual employer, or as one employer in a group of
employ=ers, which may be given upon famishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pays any compensation that
may become due to his or her employees.
CHECK" N
l am aware of the provisions of Section 3700 of the Labor bode which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance wvith the provisions of that Code, and l will comply with such provision--,
before commencing the performance of the work and activities required or permitted under this
Agreement. Libor Code §186 l
I affrrrn that at all tinges, in performing the work and activities required or permitted render
this Agreement, 11 shall not employ any person in any manner such that 1 become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that l become subject to the workers' compensation, laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance,
certify lander Penalty of perjury under the lawns of the State of California that the i fora-1 do
and representations made in this certificate are true and correct;
Paradigm Soft are, LLC - I aate: - ��� '/6, 2�.
s'
y
Jaa W, Barlow, II�...
7