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HomeMy WebLinkAboutContracts & Agreements_159-2021AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of information technology strategic planning ("Agreement") is made and entered in this 7th day of September, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Moss Adams LLP ("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 information technology strategic planning services for City (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 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 perform are more particularly described in Exhibit "A," titled "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, any applicable State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City designates Danielle Garcia, Management Services / Finance Director, 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," titled "Project Schedule," which is attached hereto and incorporated herein by reference 4.2 Consultant shall complete the Services by June 30, 2022, unless the Services are terminated earlier as provided for herein. 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City 1 L.\ca\djm\Agreements\Moss Adams LLP Agreement PS-1 1.FY21-0021.docx Council -adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City staff. 4 4 At any time during the Term of this Agreement, City may request that Consultant perform Extra Services As used herein, "Extra 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 thetime 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 and Consultant. Consultant shall not perform, nor be compensated for, ExtraWork without such written agreement between Consultant and City ARTICLE 5 — PAYMENTS TQ CONSULTANT 5 1 Total compensation for Consultant's performance of the Services shall be in the amount of eighty nine thousand one hundred eighty dollars ($89,180) City shall pay Consultant in accordance with Exhibit "C," titled "Fee Schedule," which is attached hereto and incorporated herein by 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 Services City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section. CITY. City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org Phone (909)798-7531 2 L.\ca\djm\Agreements \Moss Adams LLP Agreement.PS-1 1.FY21-0021.docx CONSULTANT. Kevin Villanueva, Partner Moss Adams LLP 999 Third Avenue, Ste 2800 Seattle, WA 98104 Email kevin.villanueva@mossadams.com Phone (206) 302-6542 Fax (206) 622-9975 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage 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 Consultant. Consultant shall use reasonable efforts to provide thirty (30) calendar days' notice of any cancellation or material change in coverage, provided however that Consultant shall not be obligated to provide such notice if, concurrently with such cancellation or material change, Consultant obtains coverage from another insurer meeting the applicable requirements of this Article 6 A. 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 execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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 covered as an additional insured by blanket endorsement and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City C 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 covered as an additional insured by blanket endorsement and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City D Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor 6.2 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all third party claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property to the extent occasioned by any negligent act or omission by, or the willful misconduct of, 3 L:\ca\djm\Agreements\Moss Adams LLP Agreement.PS-1 1.PY21-0021.docx Consultant, or its officers, employees and agents in performing the Services. City shall provide Moss Adams with prompt written notice of such claim and cooperate with Consultant in the handling of the claim. Consultant shall be entitled to control the handling of such claim and to defend or settle any such claim, in its sole discretion, with counsel of its own choosing, except that Consultant will not, without the City's written consent, enter into any settlement that (a) would require City to make any payment, (b) contains any admission of wrongdoing by the City, (c) would impose any equitable remedy upon the City, (d) purports to release any claims belong to the City, or (e) does not include an unconditional release of City from all liability with respect to claims that are the subject of such proceeding. 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 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 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 To the extent specifically applicable to the Consultant as a result of the work performed hereunder, Consultantshall 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 4 L.\ca\djm\Agreements \Moss Adams LLP Agreement.PS-1 1.FY21-0021.docx of this Agreement, each Party shall be responsible for its own costs and other expenses, including but not limited to attorneys' fees or 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. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of 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 whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate This Agreement may be terminated by Consultant, in its sole discretion, by providing not less than thirty (30) days prior written notice to the City of Consultant'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 or provision of a termination notice, Consultant shall immediately discontinue its provision of the Servicesand, within five (5) days of a written request for destruction, which may be included in the termination notice, destroy 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. Notwithstanding the foregoing, Consultant shall own and be permitted to retain its working papers, including any City information referenced or incorporated therein, and Consultant shall maintain the confidentiality of any information so retained in accordance with any provisions of confidentiality in this Agreement. Consultant shall be compensated on a pro-rata basisfor Services completed up to the date of termination. 8.5 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 made available at reasonable times for examination by City; provided, however, such access shall not include access to Consultant facilities or systems housing confidential information. 8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the 5 L:\ca\djm\Agreements\Moss Adams LLP Agreement.PS-1 1,FY21-0021.docx 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, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8 8 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. 8.9 THE TOTAL LIABILITY OF EACH PARTY, AND ITS OFFICERS, DIRECTORS, PARTNERS, PRINCIPALS, MEMBERS, EMPLOYEES, SUBCONTRACTORS, AND AGENTS (COLLECTIVELY, "PERSONS"), TO THE OTHER PARTY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT FROM ANY CAUSE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY SHALL NOT, IN THE AGGREGATE, EXCEED THE FEES PAID OR PAYABLE TO CONTRACTOR UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT CAUSED THE LOSS THIS LIMITATION WILL NOT APPLY TO THE EXTENT LOSSES ARE CAUSED BY A PARTY'S FRAUD OR WILLFUL MISCONDUCT IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR OTHERWISE ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 8 10 City and Contractor are the only Parties to this contract and are the only Parties entitled to enforce its terms. Nothing in this contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons. 6 L:\ca\djm\Agreements\Moss Adams LLP Agreement.PS-1 1.FY21-0021.docx By: IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITYNDS MOSS ADAMS 1 k By. Kevin ituevt(Partner aul T Bauch, Mayor ATTEST e Donaldson, City Clerk 7 L \ca\djm\Agreements\Moss Adams LLP Agreement.PS 1 1 FY21-0021 docx Exhibit A — Scope of Services PHASED WORK PLAN METHODOLOGY Our proposed work plan consists of seven phases that will be conducted over a two and a half month period The process we use to conduct an IT assessment and develop a six -year IT strategic plan is detailed below along with the deliverables associated with each phase PHASE 1—PROJECT KICK-OFF AND MANAGEMENT ACTIVITIES By using an experienced consultant like Moss Adams, you can achieve quicker project startup and more effective scheduling This phase includes the project planning and monitoring tasks that guide a smooth execution and on time, on -budget finish It includes the project's kickoff communications management reporting requirements, quality assurance reviews, and planning activities that help keep the project team ahead of schedule 1 1 Establish project and conduct kick-off meeting Key consultant and City staff members will meet to review the project team structure and detailed work plan, establish project contact and communications procedures, establish workspace, make the detailed task assignments to members of the project team, modify project schedules to meet particular personnel or event schedules and determine reporting formats 12 Ongoing project management and progress reporting We will provide ongoing project management from start to finish to ensure a quality process is followed and associated deliverables are provided We will provide the City's project manager progress reports on a regular basis These reports will be delivered via email and are designed to communicate project status relative to the budget, schedule, work performed and issues needing resolution The frequency and format of the status reports can be determined during the initial kick-off meeting In addition, our team will convey pertinent information in a less formal manner as part of each task within the work plan and during each phase in order for the project to be conducted as effectively and efficiently as possible 13 Ongoing quality assurance reviews It is our practice to provide a partner or senior manager -level individual to serve in a quality assurance role and to provide a business manager's perspective The role of the QA reviewer is to ensure that the project remains on track within budget and that the resulting deliverables meet the high -quality standards of the firm Kevin Villanueva, Partner, will serve as the QA reviewer i Schedule for ongoing progress reports Status reports listing all the major tasks completed by the project teams (Moss Adams and the City) Project kickoff meeting PowerPoint slide deck PHASE 2—DATA GATHERING AND TECHNICAL ASSESSMENT We II leverage the initial data gathering activities from phase 1 to help jumpstart the formal data gathering phase The goal is to obtain an understanding of key business operations the IT environment and operations 8 including current organizational structure, key data information flows as well as the security and risk management program A network inventory will be performed using a bevy of automated tools that may include Network Detective, ADRecon and ScoutSuite We will then conduct an assessment of the IT infrastructure and supporting operations The tasks for this phase are 21 Gather and review documentation (e g , network diagrams, organizational charts, policies and procedures, application lists, existing plans, etc ) 22 Obtain a network inventory using RapidFire Tool's Network Detective and/or other tools 2 4 Conduct technical interviews with IT management and staff (up to eight IT staff and three GIS interviews are anticipated Group interviews may be conducted where it makes sense ) 2 5 Perform a walkthrough of the City's facilities, including the two data centers 2 7 Identify key components and deficiencies with the current technology infrastructure 2 8 Perform a technology infrastructure gap assessment PHASE 2 DELIVERABLES 1 Q Completion of Network Detective or equivalent scan for system inventory and discovery purposes Analysis of current technology stack for network connectivity, storage, mobile computing, back up, database, desktop, and communications Technology infrastructure gap assessment PHASE 3—BUSINESS NEEDS ASSESSMENT This phase is critical to understanding the technology needs of the City's departments and business units We will leverage the data gathered in phases 2 and 3 to conduct a business needs assessment where we will attribute specific technology needs to the individual City departments We'II also gain insight on the City's use of business applications and any associated lack of functionality, limited capabilities, user training, etc For phase 3, we will 3 Perform high-level interviews with City management and department managers Interviews are expected to be a mix of one on one and group interviews based on the department representatives to be interviewed (between 15 to 25 individuals from various departments may be interviewed) 3.2 Examine and understand business critical applications, processes, services, information flow, and data utilization 3 3 Identify potential fixture needs of each department and opportunities for system improvements 3 4 Conduct research on technology trends and best of breed applications for the municipal government sector (as needed) 3 5 Consolidate and document requirements and fuh ire needs 3 6 Develop a preliminary list of technology requirements, deficiencies, and future needs for each department �4 Preliminary list of technology requirements, deficiencies, and future needs for each department PHASE 4—APPLICATION PORTFOLIO REVIEW The application portfolio review will leverage what was discovered during the business needs assessment to identify and determine application needs We will review the current set of applications used throughout the 9 City s departments and compare against future needs and functionality We will then conduct research to determine whether the City should continue the current path with an application or consider other options in the marketplace, including cloud -based services Tasks include 41 Analyze and assess critical business applications 4 2 Identify gaps in the current set of applications with functionality, capabilities, accessibility, security, and reporting 4 3 Document gaps and develop recommendations PHASE 4 DELIVERABLES tj) Application gaps and recommendations summary PHASE 5—IT STAFF AND ORGANIZATIONAL STRUCTURE REVIEW Given the technology needs and requirements of the City's departments and the anticipated growth estimates of operations we will assess the current IT staff makeup and organization to determine if it is sufficient to support future technology needs, changes, and trends We will assess each IT staff member's general support skills at a high level and the structure of the IT department to identify potential weaknesses shortages in skillsets, misalignment, and overall structure inefficiencies Tasks for this phase are 51 Review current IT job descriptions and resumes for existing IT staff 5 2 Interview IT staff to understand coverage areas, daily responsibilities, depth of knowledge, and future training needs 5 3 Analyze and assess the IT personnel, matching their current skillsets against then coverage areas and anticipated future City support needs 5 4 Analyze and assess the IT organization, including areas of redundancy areas of deficiency, and overall effectiveness of the structure 5 5 Identifij areas where cloud -based or third -party service providers can be leveraged to compensate for skill and resource gaps 5 6 Develop alternative IT organizational structure (if needed) PHASE 5 DELIVERABLES 30 IT staff and organizational structure review summary Recommended future IT organizational chart (if needed) PHASE 6—IT OPERATIONS ANALYSIS AND ASSESSMENT During this phase we'll analyze all of the data points collected thus far and will conduct an IT operations analysis and assessment We will assess network architecture, connectivity, system capabilities, cybersecurity posture backup and data recovery policies and procedures and more We will assess the current situation against future needs identified from our work in phases 2, 3, 4, and 5 For each area assessed, we will attach a risk rating to each finding to indicate the severity of the issue/urgency of the need and to help identify project priorities We will conduct an analysis that clearly identifies the City s technology strengths, weaknesses opportunities for improvement, and threats (SWOT) We expect that some of the results from the IT operations analysis and assessment will result in projects that will feed into the IT strategic plan Tasks are 10 61 Analyze and assess the City's IT governance structure and processes 6.2 Identrfij and categorize SWOT findings 6 3 Conduct research using third -party sources to compare the City's IT operations with similarly sized municipalities and public entities 6 4 Analyze and assess the City's IT operations against industry -accepted best practices similarly sized municipalities, and anticipated future needs 6.5 Analyze and assess the results of the Police Department's completion of the Cybersecurity and Infrastructure Security Agency (CISA) Cyber Security Evaluation Tool (CSET) 6 6 Analyze and assess the City's cybersecurity controls alignment with the NIST Cybersecurity Framework (CSF) 6 7 Identify opportunities for improvement with cybersecurity controls based on identified gaps in alignment with CISA and NIST CSF 6 8 Analyze and assess the City s computer security incident response plan (IRP) 6 9 Identify opportunities for the City to leverage cloud -based service providers and other outsourced services to gain efficiencies, utilize specialization, and reduce costs 610 Develop a summary of the current state of IT operations and future needs 6.11 Develop list of potential projects to feed into the IT strategic plan PHASE 6 DELIVERABLES �4 Identification of opportunities for significant improvements in IT operations (e g , identifying emerging technology needs, and upgrades) and for new ways that IT can add substantial value to City SWOT analysis of current environment Summary of our analysis of the City s Cybersecurity and Resilience posture (format TBD) Identification of projects that will guide City's use of technology budget over the next six years PHASE 7—STRATEGIC PLAN DEVELOPMENT During this capstone phase, Moss Adams will work with the City s project team to hold a half -day workshop session to describe potential projects in the draft strategic plan that align with the City's vision and strategies and prioritize them based on a set of agreed -upon criteria, funding availability, and IT staff capacity Once the prioritization is completed we will update the plan document to indicate the funding and resources required for each accepted project, and map the project timelines on a Gantt chart spanning the next six years The chart will serve as a guiding roadmap for allocation of IT budgets and resources for special projects After development of the Gantt chart has been completed we will incorporate it into the strategic plan and finalize it We will also include recommendations for a cost allocation plan to either directly allocate or distribute IT related costs across departments Final tasks include 71 Develop the descriptions and resource requirements (hardware, software, implementation, training, and staffing requirements) for each potential project 72 Identify the benefits, risks, and total cost of ownership, including ongoing support needs, over the next 6 years for each potential project 73 Develop materials foi the half -day project prioritization workshop 74 Schedule and conduct the half -day project prioritization workshop 7.5 Develop the draft IT strategic plan (Gantt chart with timelines for each identified project) based on the outcomes of the workshop 7 6 Identify and develop performance metrics anticipated foi each project, along with detailed phases, tasks, and milestones 11 7 7 Submit the draft IT strategic plan to the City's project team for review and input 7 8 Incorporate input and finalize the IT strategic plan and submit to the Czty's project team 7 g Present final plan to Redlands City Council PHASE 7 FINAL DELIVERABLES 0 Q Materials for the half day project prioritization workshop Draft Strategic Plan including management summary findings, assessment, and prioritized recommendations shall be presented prior to being directed to proceed with a final plan Final Strategic Plan — The final strategic plan will include a Executive summary directed to the City project team b Summary of key findings and prioritized recommendations to address the RFP s intent c Descriptions of each proposed project accompanied by benefits, total cost of ownership over the next six years resource requirements and risks d Tactical plan showing the prioritized projects and associated tasks over individual timelines Strategic project plan outlining projects by priority that includes project descriptions, timelines resource requirements and cost estimates (Gantt chart format) 12 EXHIBIT "B" PROJECT SCHEDULE • Project Kick -Off & Management Activities o September — October 2021 • Data Gathering & Technical Assessment o October — November 2021 • Business Needs Assessment o October - November 2021 • Application Portfolio Review o November — December 2021 • Preliminary/High Level Strategic Plan Report for City Council o December 2021 • IT Staff & Organizational Structure Review o January — February 2022 • IT Operations Analysis & Assessment o March 2022 • Strategic Plan Finalization o April 2022 — June 2022 L.\ca\djm\Agreements \Moss Adams LLP Agreement.PS-1 1.FY21-0021.docx 13 EXHIBIT "C" FEE SCHEDULE Deliverables Amount Pieliminary IT Assessment(s) $59 275 IT Strategic Plan $25 405 Subtotal — Not -To Exceed Cost $84,680 Travel Budget {not to exceed cost for airfare lodging car rental meals parking ,ileage) ga 500 TOTAL $89,180 Travel expenses are typically invoiced at actual cost. We make every effort to schedule the quickest and most economical means of transportation The scope of work and related fee quotes are subject to our firm s client acceptance process which 1) verifies that the firm and the client both understand the specific services we re being asked to perform 2) ensures the terrns of the contract are acceptable to both parties and in agreement with any applicable professional standards and 3) confirms we've staffed the engagement with individuals qualified with the necessary expertise to fulfill our commitments to the prospective client And finally although we've performed an initial review of our independence from the City we It perform a more detailed inquiry of our partners and staff to make sure we've met applicable independence standards ADDITIONAL FEES During the course of the engagement, we'll measure our progress against our planned budget If situations arise that are significantly different than our expectations, we II bring them to your attention immediately and discuss various options before we proceed We'll meet regularly during the engagement with the appropriate parties to ensure there are open lines of communication between our organizations Experience Level Partners Standard Rate $550 City Rate $500 Senior Manager $4 7 5 $400 Manager $340 $300 Senior $285 $250 Staff $250 $225 L \ca\djm\Agreements\Moss Adams LLP Agreement.PS 1 1 FY21-0021 docx 14 EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) 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 employers, which 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 ONE I am aware 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 performance of the work and activities required or permitted under this Agreement (Labor Code § 1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I 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 I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct MOSS ADAMS LLP,— BY ' �,--1" Kevin Villanueva, Paltner Date L\ca\djmWgreements\Moss Adams LLP Agreement.PS 1 1 FY21-0021.docx 15