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HomeMy WebLinkAboutContracts & Agreements_201-2014_CCv0001.pdf AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of agenda management and online meeting broadcast services associated with the City of Redlands' ("Agreement") is made and entered in this 7th day of October, 2014 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and NovuSolutions ("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 agenda management and online meeting broadcast system services for City's Department of Innovation and Technology (the "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 Ievel 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 perform 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 information in its possession that may assist Consultant in performing the Services. 3.2 City designates Danielle Garcia, Chief Innovation Officer, 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—PERIOD OF SERVICE 4.1 This Agreement shall commence on its Effective Date and shall have a term of two (2) years (the"Term"). - 1 - 1:\ca\djm\Agreements\Novus Agenda Management Sothvare Agreement 8.18.14.doc 6 i 4.2 The implementation of the agenda management and online meeting broadcast system shall occur according to Exhibit"B"—"Project Schedule." ARTICLE 5—PAYMENT AND NOTICE 5.1 Compensation for Consultant's performance of Services during the first twelve (12) months of the Term shall be as follow: Twenty Two Thousand One Hundred and Sixteen Thousand Dollars ($22,116) for Consultant's agenda management and online meeting broadcast system implementation, licensing and training; and during the second twelve (12)months of the Term shall be: Sixteen Thousand Six Hundred and Sixty Eight Dollars ($16,668)for the ongoing software services subscription,maintenance and support. 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, and the number of hours spent and by-whom, and a description of reimbursable expenses related to the Services. 5.3 At any time during the Term of this Agreement, City may request that Consultant perform Extra Services. As used herein, "Additional Services" means any work which is determined necessary by City for the proper completion of the project or work for which the Services are being performed, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Provided the Extra Work does not exceed twenty percent (20%) of the compensation to be paid by City to Consultant for the Services, such Extra Work may be agreed to by the Parties, by written amendment to this Agreement, executed by the City Manager. Consultant shall not perform, nor be compensated for, Extra Work without such written authorization from City. Examples of Extra Work include: the addition of modules to increase productivity, automation of internal workflows, and possible integration with the Cityworks permitting process and other enterprise software. 5.4 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail should be addressed as follows: city Consultant Danielle Garcia, Chief Innovation Officer John Kercher Department of Innovation and Technology Managing Partner City of Redlands 10012 North Dale Mabry Hwy, Suite 115 35 Cajon Street, Suite 222 Tampa, FL 33618 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 5.4. -2 - l:lcaWjmlAgreements\Novus Agenda Management Software Agreement 8.18.14.doc 9 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. 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 "C," 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 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 professional liability insurance in the amount of One Million Dollars ($1,000,000)per claim made. 6.5 Consultant shall secure 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, or 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 -3 - I:\ca\djm\Agreements\Novus Agenda Management Sofhvare Agreement 8.18.14.doc ' Q represents that in the performance 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; (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 determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 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 terms 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 All documents, 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. - 4- IAca\djm\Agreements\Tlovus Agenda Management Software Agreement 8.18.14.doe g e 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 of its agents shall have control over the conduct of Consultant or ConsuItant'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 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 on October 7, 2016; provided, however this Agreement may be terminated by City, in its sole discretion, by providing ten (10) 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 termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination 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 - 5- l:\ca\djm\Agreements\Novus Agenda Management Software Agreement 8.18.14.doe and shall not affect, impair or invalidate the remaining sentences, clauses, paragntphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bar-ain under this Agreement. C IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement, CITY OF REDLANDS NovuSolutions Ilya . By: Fete,e, A g 4uil Mayor John 4K-er er, an ging'Partner Attest: mV Sam Irwin City Clerk 6 - L%eaxdjm%Agreements\Novus Agenda Management Softwiw.Agreeintnt 8,18,14,dkw Exhibit A - Scope of Services Agenda Management and Online MeetingBroadcast System Solution t NovusAGENDA is an electronic solution designed to create; approve and track items for upcoming and past Board meetings. The entire-process creates ars automated paperless Agenda Solution. Adding an Agenda item, like the approval for a new employeebenefit offering r the construction of baseball ball fi ldE can now be controlled in a well-organized systematic solution Various workflow options allow you to control the review and approval process for each item with a complete historyfor trading purposes, NovusBOARDVIEW offerboard members electronic access to agenda, draft and final minutes and full research c s ilityMembers can easily view upcoming agendaand make private comments as part of their meeting preparation. These meeting comments can be used daring the meeting to remind the member of comments they want to make or present. Viewing draft minutes prior to the next meeting is easy using NovusBOARDVIEW and;comments call be made on draft minutes as well if there is discussion required prior to approval of minutes. Th online research option offers members rs the opportunity to quickly research past items with a few mouse clicks, This feature reduces the strain on staff who often receive calls from members for rsarcha NovusMEETING is a fully integrated refecting management solution. Once your agenda i prepared in NovusAGENDA it is seat t 1ovusME TIN ni NovusMEETING allows you to record motions, votes and minutes in an easy to use interface, The ntir package is weir based and easily configured to meet the exact needs of your organization, Novusolutions can use your existing agenda and minute format to create your web erased publications, NovusREPORTING is a module allowing for reports to be run against data in the sysr rn: Because our solution is highly configured for each client we do not offer lots of standard reports however NovusAGENDA docs cornu with several reports that trach time to approval and rejection rates. tither custom reports can be generated at client request at modest added nista. Reporting is more e luable after some time has passed and the sy=stem contains real data. Deliverables by Novusolutions Novusolutions will deliver Novus G , iovusl MEET]' , nvu,,REPORI'INGand NovusBOARDVIEW software along with the professional services outlined in this agreement. NOVEA"ISIAGENDA Product ovusAGEN soft-ware, will be setup for the lien with t t ' r es and within 30 days of receipt of order. lovusolutiotts will deliver training manuals and installation u t ntropical y in Microsoft Word format. Web leased training videos will be delivered via secure client log in off the i ovusolutions site. 1U Server, Encoder Software Installation, System Bum-In, Rackniount Kit(4 posts- universal) Standard definition Branded Video Library Design,n,Branded Mayer Design Licenses for Software/Triols(Flash Media,EASE, HT L ,Microsoft CSS) o Viewcast Osprey Video Captors Card 260-e with Simulstrearn Software Customizations and Forms to be delivered-The forms are created under the services agreement ent Custom Item details screen This screen is customized to your specifications and layout requirements- * Custom Public Agenda The public agenda is custr mined to yourspecifications including font, style,layout and other matters., o Custom Minutes page set The page set includes one t 1 t draft and time tl final minutes layout, `ustorn Workflows Custom workflows can be pre-configured allowing users to simply submit iterns to gamed NvorkIlows which are their britt for theist automatically, * PDF Converter Custom Public Interface * Custorn Mobile Device Interface Serbe delivered bvice,v toYNovusolutions Dedicated project manager Delivery and remote setup support of NovusAGENDA software Delivery and Rernote Install of Encoder Up to 25 video meetings indexed by its for you and includes LIVE feed; ustorn forms and worltf o s as outlined its product to be delivered above. l N(.,)vusAGENDA * Remote consulting with the your staff to revievv CLIStOM forms and workflows * Provide software orientation and capabilities * Agenda layout * Draft Minutes layout * Final Minutes layout * Agenda Item Creation form * Comprehensive understanding cif your Workilows * Identity best practices * Modify workflows in the software to match your business process * Revievi/niodify final templates with staff as needed * Remote training for key staff and Clerk—This training is delivered via,web meeting technology * Functional Testing o Validate standard operation ofl ovusAGENDA o Test all user modules of NovusAGENDA, NovusBOARDVIEW, NovusMEETING,NovusREPORTING o 'rest client defined workflow and forms and make adjustments as needed. * Functional Documentation provided via our client portal * User manuals * Admin Manuals Services not included by Novusolutions * This SOW does not includvusolutions training on client's site beyond the hours specified here. Additional dates for end user training at the client's site can be purchased at$2.500 per day including travel with a two day ininimurn, * Modification to NovusAGENDA base code. 'rhis would be any modifications not discussed above in the deliverables. Client will provide: * A dedicated project overseer * Provide a channel Of COMMUnication as needed to clarify any questions regarding forms or workflows. * Provide assistance defining and documenting client workflow as needed * Provide onsite support during software, setup, your IT staffif needed. Novusolutions staff will support software setup remotely, Not applicable if installing in the NovusAGENDA cloud. * Servers, hardware and software as specified in our prqposal-Locally bested clients * Possible end user training using standard manuals supplied by Novusolutions o Novusolutions can provide this trainingif needed at the rates quoted in the pricing section. MWAREW Novw,sAGENDA Ongoing Support by Novusolutions Clients receive gull support and maintenance nan for one year after shipment of product. The support contract would coverthe following areas: • Repair of all hags discovered during the support period • Timely response to all technical inquiri s • Provide updates to technical d t mentati n as these items are developed • Access to product enhancements made to the base product, (some new features may requires service fees to implement) Supported Items This support contract covers the errors product purchased from Novusohnions, This support contract does not cover supporting hardware or software, (i.e.operating cyst rrrs; web servers, or databases), Response Times All issues will receive a response from Novusolutions within 24 hoursfirom the tiara the issue was reported to Novus luti ns All issues will be categorized as a Level I, Level 2, or Level priority, 'The Client and N vusolutions will work together to determine the appropriate level for ars item. The targeted resolution tiara for ars issue will be based on the issue's level. Level —these are business critical issues. Every effort,will be made to resolve these issues within l business day, We will acknowledge receipt of issues within I hours and male every effort to repair urgent issues quickly. It is important that customers report concerns in a timely manner to insure a rapid response, Level ----these are important but not critical issues. Ev=ery etTort will be made to resolve those issues within 5 business days Level 3—these rninor issues that do not affect the usability of the software, Evry effort will be made to resolve these issues within 10 business days, Support Crest Process All support issues must be seat to Novusolutions via e-mail atI.L)P>ttLii A)VLISO IUtiOlIS,COIII. Novusolutions technical staff monitors this e-mail address during normal basin ss hours pacific Time United Stats (until 6 pm) 24/7 technical support is also available for all cloud clients w NOVUSAGENDA Support Rspa se Process Upon receipt of an issue, Novusolutions will verifythe receipt f the issue within 24 hours from the time l onus aluti ars was notified f the issue. Novusolutionswill i y the client aria email when an issue has been resolved, ovus luti ras will notify the client when it is not possible to resolve an issue the targeted response time. Support atDates This is a twelve-month support contract. The initial contract will cornmence on the day product is shipped to the Tient. Y� NdvusAGENDA Pricing All pricing includes an unlimited use license enabling support firs many meeting types as you deed at no added license costs. There are no user licenses either. "Unlimited ease" mans unlimited use with NovusAGENDA no matter hich installation option you choose, No vusA GENDA Software Pricing Item Pricing(Annually" N vusAGE-NDA $8,550 No s El TIN Included vus A1 ' W Ideeded NovusR.EPORTING Included Board and Committee Included management Video Integration Included Video-Services —, See Video Services Considerations La scrficl c integration Includ d in self-hosted only;not availablefor Sava jiv�t tions Option In Meeting To�_J_s Included (Voting, etc.) Total Annual Cast $8,550 NOVUSAGENDA 3 Items DescriptionIp� w.0 b Front) w ° / c� c� iii x 1U Server,Encoder Software Installation,system Bora-in,Ra ckmou t Kit l a posts-universal)Standard definition ion `" 2,90 .. ... .. ... ..e t r ices required for setup wli :,. j Branded Video Library Design, .Branded Player Design n 3 Remote Install(Typically 3 hears) Licenses for Software/Tools]Flash Media,EASE,I TML ,Microsoft sof ) .,..., t... r ler est Ospr y Video Capture Card 260-e with Slrrrcrlstr arrr Software e s L 'Tota lYpftn t.c..os.h ar aref e� rsr rt ,+w.: r a s , me 4,985" u. . .. Novu,vAGENDA Training,Priang Standard rain rr services r Alred Tor denlovurent and are a orae-time fee, Standard ert esct°ltlrt ill is Administrator "r ining This is remote training to train one or t system administrators on managing user rights hts in NovusAGENDA. The cost is for the Mass not per strident. This Mass is delivered remotely using web meeting tin technology managed by,Novusolutions. Board Mark Training Training including meeting mana meat, agenda preparation, minutes and system oversight. Delivered rem lye using web to tin . User ra Trainin Training includes creating it m , rrpy�ir�g cold it nis to new meeting and item submission and approval process. Delivered ivered m t lye rrsirr web rnetirr Board Training Training includes viewing agendas, minutes, and all d cr nnentati2 Ear tr c rnln No,vusAGENDA meetings, making private notes, researching past meeting information and notes, and anal An re arts j!Ldrr� tart dataa ._ Web used Training Web-based training videos for all staff to view on demand via Internet, Videos include: * User training * Board Clerk Training * Board Tralrrilr Total One Time Cost— $750 Optional Training Services Additional remote training--Included for new releases and refresher training. If retraining is needed due to turnover or other issues and the client does not want to use the included Web- Based Training Portal, nor sign up for the regularly scheduled Client Webinars, ' . private remote classes can be scheduled for$125 an hour. Onsite training - $2,450 per day includes travel, 2-day minimum. Additional Set Up Feefor NovusA GENDA Clients that wish to hovt themselva (Option 2) For all clients that elect Option I to purchase NovusAGENDA in the cloud,you can, skip this section. For those clients that are looking to install NovusAGENDA on their own servers,there will be a one-time set up fee to install,QA,and test NovusAGFNDA on the client's environment. The client will need to provide remote access to the necessary servers fbr our team to accomplish this set up. The cost of this service is a one-time fee of$,3,450. Updated Pricing Summaryfor NovusA GENDA NovusAGENDA $750 for Remote $8,550 $9,300 Training Video Encoder $4,985 $4,985 Video Services $8,995 $8,995 Package 4 A'dd ()n' Opoovr-': Onsite Installation $3,450 (Only needed if Active Directory Integration is required) Onsite Training(Not $2,450 per day required as unlimited including travel. 2 remote training day Minimum. options included) 'V NovusAGENDA NovusAGENDA Including: Remote Training Encoder Ido Services Package . $17,545 � x F NovusAGENDA Video Services Package 17,545 E,11 R NovusAGENDA Video Services Package There areNO long terra contracts to sign with NovusAGENDA, a dt Terms—Payment is due at the end of the successful pilot term. Limitation LiabilW IN NO EVENTSHALL EIT14ER PARTY IAB O THE 'I-HER UNDER ` 141S LICENSE AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, [NDIRECT, PUNITIVE SPECIAL DAMAGES, L l DATA, LOSS OF BUSINESS PROFITS, ITS, BUSINESS INTERRUPTION I Off. LOSS OF BUSINESS INFORMATION ION ARI I OUTOF "T-lig, USE OF OR INABILITY TO USE THE NOVUSAGENDA SOFTWARE, EVEN I ` SUCH; PART' HAS BEFNADVISED F THE POSSIBILITY OF SUCH DAMAGES Sqftware License This is an unlimited use license which allows clients to add as marry systems users and meeting types ss they choose. Client may nor resell,distribute or use NovusAGENDA in any manner that is not consistent with their primary business purposes., Nv Exhibit B - Project Schedule Agenda Management and Online Meeting Broadcast System Collect all the information necessary to generate your agenda,coversheet,and minutes, List of Meeting Types The name of all meeting types you would like to manage in No rus GEND . Examples would be Regular Council,Special Council,Workshop,Planning,Zoning,etc: Sample Agendas One agenda example for each meeting type, If possible, please send the examples in Microsoft" lord or PDF, We only need a copy of the agenda itself and not the full packet with the backup material, Coversheets,and Item Data Collection Most organizations have a document that provides detailed information about an individual agenda; item, NovusAGENDA refers to this document as the item coversheet, The coversheet casually contains information about fiscal impact,recommended action,list of backup material,approval routing,etc:, Is it common for different meeting types to use different coversheets. For instance,a council may use a different coversheet than a zoning commission. Please include a sample coversheet for each meeting type if the meetings utilize different coversheets In addition to your current coversheet also include any neer information you would like to Collect about your agenda `sterns. Examples include organizational goals, fiscal impact amounts whether an item is budgeted or not,etc. Minutes The corresponding minutes for each sample agenda provided. For instance, if you have provided d copy of the August :'agenda as a sample please provide a copy of the minutes from August loth a s f orkilow Ds in'rient Collection Collect all the information necessary to create the approval routes for your agenda items, Depending on the complexity of your organization, this process can take creeks to complete. Every though workflows are configured later in the project it is important t°o begin the workflow discussions with keys deportrnents early;in the project, List of Departments Provide a list of all the departments within your organization. If present; also provide d list of the divisions within large departments, Workflows m r .y i . WorkHows are the paths an agenda items takes within your organization from the point it is created until the point when it is approved for final placement on the agenda. Workflows can vary significantly from one organization to the next so we always start with a default workflow and make modifications to meet your organizations specific needs. You o need to provide Novusolutions with Departmentoil Workflows and Organizotional Workflows (Novusolutions will provide you with a workflow worksheet to help the documentation process). Both workflows are defined below, Departmental Workflows The default workflow for a department routes the item from an Item Creator to an Item Approver. This Item Approver is usually the department head responsible for"signing off'on the item. Larger departments may have multiple approvers between the person who creates the item and the department head who approves the item. Some departments may have different workflow$ for different types of items. For instance,contracts may take one route in your legal department while litigation issues take a different route. Organizational Workflows These workflows define the route an item travels once it has been approved by the department head. For instance,a contract may go to legal, purchasing,then your a8encla preparer. A proclamation may go straight from the department to the agenda preparer with no additional steps. 3, 111ithil Configuradml Novusolutions will configure the agendas and coversheets within NovusAGENDA based upon the sample documents provided. 4. 1 n i H a I 'nra i ri,i i i g err%d Te s tin Novusolutions will conduct training and testing with you in the following areas: Agenda Preparer Its Creation Meeting Management Training Novusolutions will conduct web-based training with the agenda preparer staff, This training will cover how to create agenda items and how to manage meetings within NovusAGENDA. The training lasts about one hour and at the conclusion of the training the agenda preparers will be able to follow a testing script to begin testing NovusAGENDA. Agenda and Coversheet Formats Initial testing will focus on the appearance,order,and completeness of the agendas and coversheets, The agenda preparers will take note of any display issues with agendas and coversheets for all agenda types. The initial testing will also publish agendas to the public,intranet,and board sites. These sites will be tested to insure the appropriate information is being published to the correct site (i.e, executive session attachments are only visible in Board View). The timing of the agenda publishing will also be test(i.e.whether or not the board sees an agenda before the public). 5, Final Once the initial testing is completed Novusolutions will begin final configuration. Departments All departments and groups will be created in accordance with the information obtained daring the Workflow Document Collection. Workflows Departmental and Organizational nal or flowers will be created in accordance with the information obtained during the Workflow dement Collection. Minutes The minutes will be configured for each meeting g type. 6Final Training and, 'N:,-!sdng Administration n Training Staff members designated as Administrators well be trained on the all system administration functions of NovusAGENDA. Create System Users The designated Administrators will create the user accounts and assign the users to the appropriate groups, User Training Web-based training will be provided for all agenda item creators and aper rs, Training will last 60 minutes s per session and there is a maximum of 15 people per sessions. Workflow Testing Agenda items creators and approvers will follow a test script;to create, submit to workflow, review, and approve items;: Agenda pr parr Minutes Training The staff members responsible for creating the minutes are trained can the minutes module. This training session take erre hour to complete. Parallel Full Systems Test All users rs f the system will create a "mock agenda' in NovusAGENDA in parallel with their normal agenda process. This will provide a final test of all aspects of the system, Board MemberTrainin Board members are trained to access and annotate the agenda through ovusAG 's Beard View,, This training session takes about 20 minutes to complete and is best conducted before a regularly scheduled meeting to comply with meeting notice lags. �P T Go Live After the successful parallel test you are transition t "live" status and assigned a Novusolutione Support Representative to assist you with any questions or issues. your project manager will stay engaged in your project for approximately 30 days after you live to insure a smooth transition t the Support team. 1n("�I in ° Stagy Time after PO Agenda Document Collection 7 days Workflow ocumeet Collection 14 days Initial Configuration 21 days Initial Training and Testing 25 days Final Configuration 35 days Final Training and Testing 40 days Gey Live 45-60 days EXHIBIT tfy WORKERS' COMPENSATION INSURANCE CERTIFICATION Agenda Management nt anal Online beating Broadcast ast System Every employer, except the State, shall secure the payment of compensation in one or more of the following .°a °s; ra By being insured against liability to pay compensation by one or more insurers daily authorized to Nvritecompensation insurance in this Staten, bf 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 gro,nig of employers, which h may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. CHECK C'I ONE I aria award of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code'.'. and I will comply with such provisions before commencing the perfortnance of the work and activities required or;permitted lander this Agreement. (Labor Code §1861). I affirm that at all times, in performing the Nvork and activities required r permitted lander this Agreement, [ shall not employ any person in any manner such that I become subject to the workers' compensation lavas of Calitornia. However, at any time, if I employ ally person such that I become suhj ct to the workers' compensation lays of California, immediately t shall provide the City with a:; certificate of consent to>self-insure, or a certification n of workers' compensation insurance. I certify lander penalty of p duly° tinder the laws of the State of California rnia th at the information and representations made in this certificate are trace and correct, LJ NovuSmutlous B y' John I ercher, as ag g ru er -1