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CM Website Consulting ServicesAGREEMENT FOR PROFESSIONAL SERVICES FOR WEBSITE CONSULTING SERVICES This Agreement is made and entered into this 30th day of November, 2015, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and NEXLEVEL INFORMATION TECHNOLOGY, INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, on June 16, 2014, the City Council accepted an Information Technology Project Roadmap Report, which identified the need for new website tools and web -based handling of public requests; and WHEREAS, on January 20, 2015, the City Council adopted a Community Engagement Action Plan and as part of the plan, the City convened an internal Communication Action Team to spearhead implementation of the plan through prioritization and planning; and WHEREAS, through its prioritization efforts, the Communication Action Team identified a new City website and an inquiry tracking system as major priorities; and WHEREAS, Nexlevel brings a methodology and toolset designed to address the unique needs of municipal technology procurements, and provided exceptional expert technology consulting services for the development of the City of San Rafael "Information Technology Roadmap." AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Senior Management Analyst is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Terry Hackleman is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide services as described in Exhibit "1" attached and incorporated herein. Rev. Date: 7130115 1 ORIGINAL 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as described in Exhibit "1" attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "1" attached and incorporated herein, in a total amount not to exceed $9,975.00 including reimbursement of expenses. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall be for 8 months commencing on December 1, 2015 and ending on July 31, 2016. Upon mutual agreement of the parties, and subject to the approval of the City Manager the term of this Agreement may be extended for an additional period of up to 6 months. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. Rev. date: 7 30 15 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: Rev. date: 7 30 15 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. Rev. date: 7 30 15 4 D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period Rev. date: 7: 30115 5 of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: Rebecca Woodbury City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR's Project Director: Terry Hackleman Nexlevel Information Technology, Inc. 6829 Fair Oaks Boulevard, Suite 100 Carmichael, CA 95608 Rev. date: 7 30 15 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. Rev. date: 7 30 15 7 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL J SC M, City 4an ger ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: 'QPSTEIN, City Atto< ROBERT F. Erney Rev. date: 7 30A5 CONTRACTOR By: Name: —Ter r n RUGK��✓� Title: (Y cf ac,l EXHIBIT 1 November 16, 2015 Rebecca Woodbury Senior Management Analyst City of San Rafael P.O. Box 151560 1400 Fifth Avenue, Room 203 San Rafael, CA 94915-1560 Dear Ms. Woodbury: S �A NexLevel is pleased to present this statement of work to assist the City of San Rafael with your website initiative. It is our understanding that the City's goal is to obtain consulting assistance with the procurement and selection of a new website, intranet, CRM, and content management system (CMS). This proposal letter discusses our recommended approach, scope of work, level of effort, and cost. Our Methodology and Approach NexLevel brings the City a proven methodology and toolset specifically designed to address the unique needs of municipal technology procurements. Our methodology is designed to ensure an organization fully understands and is prepared to implement the selected solution. It is our understanding that the City seeks to partner with a consulting company that has the vision and leadership in procuring and implementing technology solutions. NexLevel brings the City the experience, expertise, and proven methods to help ensure project success. NexLevel has developed a comprehensive methodology designed specifically to meet the unique needs of municipalities seeking to procure and implement new technologies. This methodology is based on our hands-on experience in working with public sector clients, and continues to evolve as new best practices are identified. Even under the best circumstances the risks associated with implementing new technology can be significant. Using our proven, structured methodology will minimize the risk and ensure that the organization is prepared to implement and accept the change imposed with the development of a new website, intranet, CRM, and CMS. NexLevel believes that a critical component of this project is to ensure that the stakeholders, Communications Action Team, and staff impacted understand the trade-offs, resources, risks, and timelines associated with the project approach, and have appropriate expectations prior to, and throughout, the project life cycle. To accomplish this, NexLevel's approach includes the following guiding principles: Focus on an open and collaborative process that encourages a consensus among the participants and a shared commitment to the successful and timely procurement and implementation; NexLevel Information Technology, Inc 6829 Fair Oaks Boulevard, Suite 100, Carmichael, CA 95608 916-692-2000, ext. 201 - www.nexleveliit.com EXHIBIT 1 2 1 P a g e City of San Rafael - Website Consulting Services Proposal ♦ Use a structured, proven approach to ensure comprehensive understanding of requirements and business needs at all levels of the City; ♦ Fully identify and disclose the potential opportunities as well as the risks involved and provide realistic risk management and mitigation strategies; ♦ Ensure that stakeholders and users maintain realistic expectations throughout the process regarding the potential benefits resulting from the implementation of the new technology, as well as changes that may be required in processes and organizational culture; 0 Ensure that the selected vendor has a long-term commitment to the market, as well as the ability to support implementation efforts and to maintain and enhance the solution in the future; and Is Establish solid project management practices from the outset of the project, including highly realistic plans that provide for contingencies. Scope of Work To help ensure the organizations needs are met, NexLevel recommends the City conduct the website replacement project in a structured manner. To that end, NexLevel proposes a four phased approach that includes: ♦ Phase 1- Initiate ♦ Phase 2 - Requirements ♦ Phase 3 - RFI Development ♦ Phase 4 - Selection Detailed information on each phase is provided on the following pages. NexLevel Information Technology, Inc. 6829 Fair Oaks Boulevard, Suite 100, Carmichael, CA 95608 916-692-2000, ext. 201- www.nexlevelit.com EXHIBIT 1 3 1 P a g e City of San Rafael - Website Consulting Services Proposal Phase 1- Initiate As project management professionals, NexLevel recognizes the importance of applying a formal project management framework to this project to ensure that it meets objectives and is delivered on-time and on -budget. The purpose of the Initiate Phase is to prepare for, and initiate, the project with a well-defined plan. This phase includes confirming our understanding, as well as the understanding of the stakeholders and Communications Action Team, regarding the scope of work and the process for accomplishing the overall objectives of the project. The following table provides a detailed discussion of what each task will entail. Table 1— Initiate Phase Tasks and Deliverables 1.1 Project Sponsor Planning Meeting TASK DESCRIPTION: NexLevel will meet via teleconference with the City's Project Sponsor and other key staff (Communications Action Team) to review and discuss the scope of work, project timeline, deliverables, project status methods, project participants (i.e. sponsor, subject matter experts, technical resources, etc.), and other items to ensure a well-planned project. During this meeting, NexLevel will discuss the tools and templates that will be leveraged, and will also request that the City establish a Website Selection Team (which could be the Communications Action Team). 1.2 Kickoff Meeting TASK DESCRIPTION: Since the project will have an enterprise -wide impact, it is important to proactively communicate with all impacted staff to ensure a clear understanding of project goals and objectives, roles and responsibilities, approach, tasks, and timeline. The Kickoff Meeting also provides the opportunity to introduce the NexLevel team to City staff and should involve senior level management and project sponsors to provide introduction of this Citywide endeavor. The Kickoff Meeting will be held onsite in conjunction with the subsequent Systems Requirements Interviews in Phase 2 below. DELIVERABLE: Kickoff Meeting Presentation Phase 2 - Requirements In this phase, NexLevel will facilitate the development of the functional requirements. This phase will allow NexLevel to develop an accurate and clear understanding of the current environment, as this provides the initial baseline from which alternatives will be evaluated. In addition, during this phase it is necessary to identify and prioritize new system features and functions that need to be met. A key success factor to selecting a best fit solution is having a comprehensive understanding of the City's true needs and requirements. The following table provides a detailed discussion of what each task will entail. Table 2 — Requirements Phase Tasks and Deliverables 2.1 Request and Review Documentation TASK DESCRIPTION: NexLevel will request documentation to familiarize ourselves with the current environment, processes, procedures, policies, organizational responsibilities, reports, technical documentation, etc. related to its current web environment. DELIVERABLE: Documentation Request Listing NexLevel Information Technology, Inc 6829 Fair Oaks Boulevard, suite 100, Carmichael, CA 95608 916-692-2000, ext. 201- unuw.nexlevelit.com EXHIBIT 1 4 1 P a g e City of San Rafael - Website Consulting Services Proposal 2.2 Conduct Requirements Interviews / Workshops TASK DESCRIPTION: Prior to arrival for onsite activities, NexLevel will provide the City with a pre -interview questionnaire for departments to complete that will help identify critical needs for a new website. Utilizing the questionnaire as a base, NexLevel will facilitate a series of thirty minute interviews / workshops with City departments to further identify mandatory and desired features for the new website, including for example content management needs, tools utilized to post and edit content, social media needs, and whether or not the site will be hosted by the vendor. The interviews will also gather information about items that staff has identified as a result of public input regarding the current website in order to help ensure the new site satisfies the needs of the City's customers. Phase 3 - RFI Development NexLevel will prepare an RFI outlining the business and new system requirements. NexLevel will bring the City proven RFI templates and methods, with the ability to quickly modify them to meet any of the City's purchasing guidelines and requirements. The tasks in this phase will consolidate all relevant information gathered in the prior phases to create an RFI that clearly defines the requirements and objectives of the City. The following table provides a detailed discussion of what each task will entail. Table 3 — RFI Development Phase Tasks and Deliverables 13.1 Vendor Identification TASK DESCRIPTION: NexLevel will assist the City with identifying proven municipal website vendors that the City wishes to consider. 13.2 Develop Draft RFI and Review with City TASK DESCRIPTION: NexLevel will work with the City staff to draft an RFI based on information gathered during the Requirements phase. NexLevel will provide a draft RFI to City for review and comment. NexLevel will facilitate the completion of a final RFI for distribution to the vendor community. DELIVERABLE: Draft and Final RFI Phase 4 - Selection To select the most appropriate website solution, the City should follow a structured selection methodology. The ultimate goal of this project is to ensure the selection of the "best fit" long- term solution forthe City. Up to this point in the project, the City will have invested heavily in establishing the foundation upon which a best fit selection will be made. The tasks in this phase are focused on ensuring a careful and detailed review of information provided in response to the RFI, as well as independent research, validation and verification of content. The following table provides a detailed discussion of what each task will entail. NexLevel Information Technology, Inc. 6829 Fair Oaks Boulevard, Suite 100, Carmichael, CA 95608 916-692-2000, ext. 201- www.nexlevelit.com EXHIBIT 1 5 1 P a g e City of San Rafael - Website Consulting Services Proposal Table 4—Selection Phase Tasks and Deliverables 4.1 Prepare Selection Team TASK DESCRIPTION: NexLevel will work with the City to prepare a Selection Team evaluator's packet that includes a clear description and direction of the evaluation methodology. The packet will also include a scoring template to assist the evaluators in tabulating their results. DELIVERABLE: Evaluation Scoring Methodology and Matrix Template 4.2 Review and Score Proposals TASK DESCRIPTION: The Selection Team will review and rate the proposals according to the evaluation criteria. NexLevel will perform a high level review of the proposals and will assist the City in arriving at a preliminary evaluation scoring matrix that identifies a short list of preferred vendors. DELIVERABLE: Evaluation Scoring Matrix 4.3 Prepare for Proof -of -Capabilities (POC) TASK DESCRIPTION: Conducting proof -of -capabilities (POC) sessions with short listed vendors is a key component of the selection process. This provides the vendors with the opportunity to fully demonstrate their solutions using City provided demonstration scenarios and scripts. As part of this task, NexLevel will provide sample POC scripts for the City to review, edit and distribute to the short listed vendors. DELIVERABLE: Sample POC Scripts 4.4 Facilitate POC Meetings TASK DESCRIPTION: NexLevel will facilitate the POC sessions to keep vendors on schedule and ensure all POC scripts are completed. At the conclusion of each vendor POC session, NexLevel will facilitate a debrief meeting with the evaluators to capture feedback and update the evaluation scoring matrix accordingly. 4.5 Identify Finalist TASK DESCRIPTION: The Selection phase of the project concludes with identifying the preferred vendor. City Roles and Responsibilities Key to the success of any website implementation project is the active participation of the client in the process. As such, NexLevel anticipates that the City will be responsible for performing the following roles during the website procurement and selection: ♦ Project Sponsorship —The City will be responsible for Project Sponsorship, setting overall strategic direction and functioning as the final escalation point for project issues. ♦ Project Oversight — The City will assign an individual to function as the primary contact for NexLevel. The Project Oversight individual will take a lead role in the overall project, including scheduling meetings, coordinating with vendors and City staff, assisting in resolving issues, facilitating logistics, monitoring progress and schedule, providing guidance to the project and team, and reporting status to the City's Project Sponsor. NexLevel recognizes that the City may assign a single individual to perform the Project Sponsorship and Oversight. NexLevel Information Technology, Inc 6829 Fair Oaks Boulevard, Suite 100, Carmichael, CA 95608 916-692-2000, ext. 201 - www.nexieveliit.com EXHIBIT 1 6 1 P a g City of San Rafael - Website Consulting Services Proposal Selection Team —The City will be responsible for assigning staff that will serve on the Selection Team for the website. Team members should have a detailed understanding of current business practices, policies, and procedures for website management. Procurement and Legal Support —The City will be responsible for assigning representatives from the City's procurement and legal functions to provide input and review draft procurement documents to ensure they align with City standards. Project Cost and Proposed NexLevel Resource NexLevel recognizes that the City has a limited budget to hire a consultant to support this project. NexLevel commits to working with the City on a task -by -task basis such that the City can take on some tasks to ensure that all facets of the project can be completed. Working collaboratively with the City will help ensure that NexLevel resources are used efficiently and that the project can be completed within budget. Based on past experience, this type of project would require approximately 110 hours. The exact hours can vary depending upon many factors such as the vendor proposals received, City staff involvement, ability for staff to reach consensus on requirements, and the City's ability to quickly evaluate the vendors. As such, this budget would need to be managed carefully to ensure the City has the consulting resources necessary to complete the project. Because the City has a limited budget available for this project, NexLevel has proposed an abbreviated approach that will require active participation from City resources. With active City staff participation and support, NexLevel is recommending that the City establish a budget of 55 hours. At our current billing rate of $165, NexLevel proposes working with staff to complete the tasks outlined above for $9,075. NexLevel will bill the City monthly based on actual hours worked. As our history has shown, we will work with the City on a task basis so that you can proactively manage the consulting hours by assuming tasks that City resources are capable of performing —thereby, potentially reducing the consulting expenditures. For this project, NexLevel is proposing the use of Ms. Linda Lang. Ms. Lang has completed similar projects for other clients, and is currently actively involved with the City of Coronado's website replacement project. In addition, Ms. Lang has participated in several IT Assessment and Strategic Plans for municipalities, and is very familiar with local government operations. She has extensive experience and knowledge regarding website development and implementation, electronic content management, and document management systems. Ms. Lang is located in Southern California, and we believe this project will require 2 trips to San Rafael. NexLevel is estimating travel expenses at $900. NexLevel will bill the City actual travel expenses. Prior to incurring any travel expenses, NexLevel will obtain City approval. NexLevel Information Technology, Inc 6829 Fair Oaks Boulevard, Suite 100, Carmichael, CA 95608 916-692-2000, ext. 201 - www.nexleveliit.com EXHIBIT 1 7 1 P a g e City of San Rafael - Website Consulting Services Proposal We welcome the opportunity to provide these services to the City of San Rafael. Please do not hesitate to contact me if you have any questions. I can be reached at 916-692-2000, extension 201 or by email at terrv.hackelman@nexlevelit.com Sincerely, Terry Hackelman Managing Principal NexLevel Information Technology, Inc. 6829 Fair Oaks Boulevard, Suite 100, Carmichael, CA 95608 916-692-2000, ext. 201 - www.nexleveliit.com NEXLINF-01 LRODEN ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `16ft/ 11/30/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1CONTACT NAME: Premier Agency, Inc. PHONE 784-1008 FAX 916 784-8116 5 Sierra Gate Plaza 2nd FI �ac No. E,,:(916) (A/C, Nol: ( ) Roseville, CA 95678 ADDRESS: 1 INSURER(S) AFFORDING COVERAGE NAIC N 1INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B Nexlevel Information Technology, Inc. [:N NSURER C: 6829 Fair Oaks Blvd Ste 100 SURER D: Carmichael, CA 95608 I INSURER E: 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER (MM/DD/YYYYI (MMIDD/YYYY) . LIMITS A X I COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE r OCCUR X ZLP13N222951515 05/01/2015 05/01/2016 I UAMAUt_ I U RLN I Lu500 000! PREMISES (Ea occurrence) $ r MED EXP (Any one person) $ 10,000) I PERSONALS ADV INJURY $ 1,000,0001 GEN'L AGGREGATE LIMIT APPLIES PER: } GENERAL AGGREGATE $ 2,000,0001 POLICY JELOC Emp Ben. OTHER: 1,000,0001 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) A ANY AUTO BA8141 X9881 STEC ALL OWNED SCHEDULED BODILY INJURY (Per person) AUTOS AUTOS 1 X X BODILY INJURY (Per accident) HIRED AUTOS AUTONONOWNED S X UMBRELLA UAB OCCUR PROPERTY DAMAGE A EXCESS LIAB CLAIMS -MADE ZUP13N223381515 DED RETENTION $ 01 (Per accident)_ (�X WORKERS COMP'kNBATION AND EMPLOYERS' LIABILITY Y/ N A ANY PROPRIETOR/PARTNER/EXECUTIVE HJUB7615XO0315 OFFICER/MEMBER EXCLUDED? N / A EACH OCCURRENCE (Mandatory in NH) 1,000,0001 K yes, describe under AGGREGATE DESCRIPTION OF OPERATIONS below 1,000,0001 A Professional Liab ZPL14R360811515 PRODUCTS-COMP/OPAGG $ 2,000,0001 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City, its officers, agents, employees, and volunteers are additionally insured per attached endorsement Insurance is primary and non- contributory. CERTIFICATE HOLDER City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915 ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE P --h 1-C� ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Emp Ben. $ 1,000,0001 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,0001 05/01/2015 05/01/2016 BODILY INJURY (Per person) $ 1 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident)_ $ EACH OCCURRENCE $ 1,000,0001 05/01/2015 05/01/2016 AGGREGATE $ 1,000,0001 s X PR STATUTE ERH 05/01/2015 05/01/2016 _ EL.EACH ACCiDENTs 1,000,000 E L. DISEASE - EA EMPLOYEE $ 1,000,0001 E.L DISEASE -POLICY LIMIT $ 1,000,0001 05/01/2015 05/01/2016 Limit 2,000,0001 i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City, its officers, agents, employees, and volunteers are additionally insured per attached endorsement Insurance is primary and non- contributory. CERTIFICATE HOLDER City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915 ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE P --h 1-C� ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section 11) is amended to include any person or or- ganization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: (a) Only with respect to liability for "bodily injury". "property damage" or "personal injury"; and (b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcon- tractor in the performance of "your work" to which the "written contract requiring insurance" applies. The per- son or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: (a) In the event that the Limits of Insur- ance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written con- tract requiring insurance", the insur- ance provided to the additional in- sured shall be limited to the limits of liability required by that "written con- tract requiring insurance". This en- dorsement shall not increase the lim- its of insurance described in Section III - Limits Of Insurance. (6) The insurance provided to the addi- tional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: L The preparing, approving, or fail- ing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approv- ing, or failing to prepare or ap- prove, drawings and specifications; and iii. Supervisory, inspection, architec- tural or engineering activities. (C) The insurance provided to the addi- tional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard". 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other in- surance", whether primary, excess, con- tingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requir- ing insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insur- ance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and col- lectible "other insurance", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorse- ment: (a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: L How, when and where the "occur- rence" or offense took place; iii. The names and addresses of any injured persons and witnesses; and CG D2 48 08 05 ® 2005 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY III. The nature and location of any in- jury or damage arising out of the "occurrence" or offense. (h) If a claim is made or "suit" is brought against the additional insured, the additional insured must: L Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. 5. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practica- ble. (c) The additional insured must immedi- ately send us copies of all legal pa- pers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. How- ever, this condition does not affect whether the insurance provided to the additional insured by this endorse- ment is primary to "other insurance" available to the additional insured which covers that person or organiza- tion as a named insured as described in paragraph 3. above. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are re- quired to include a person or organiza- tion as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. Page 2 of 2 0 2005 The Travelers Indemnity Company. All rights reserved. CG D2 48 08 05 w I- 0 N 0 ti ID N IT COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a, Primary Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a writ- ten contract or agreement that the insurance afforded to an additional insured under this Coverage Part must apply on a primary ba- sis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional Insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and {21 The "personal injury" or "advertising in- jury for which coverage is sought arises out of an offense that is committed; subsequent to the signing and execution of that contract or agreement by you. CG 04 25 07 08 0 2008 The Travelers Companies, Inc, Page t of 1 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion 1 Department City Attorney Review, rev" e, and comment on draft agreement. Date / -� _ 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed 11 1 1,10' UO— originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval I necessary (as defined by City Attorney/City n Q. Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and) endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: ,i'1PCCA,WooA6k Project Name: jptij We i U Agendized for City Council Meeting of (if necessary): n I Q. FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. Esther Beirne From: Lawrence Moss Sent: Thursday, December 31, 2015 10:52 AM To: Esther Beirne Subject: Nexlevel Informaiton Technology: INSURANCE APPROVAL Esther: All of NexLevel's documents have been received and insurance is adequate. Larry Moss Risk Management Services City of San Rafael From: PINS Advantage[ma iIto: no-repl&pinsadvantaae.coml Sent: Wed 12/30/2015 3:49 PM To: Lawrence Moss Subject: Documents have been uploaded on behalf of Nexlevel Informaiton Technology To: City of San Rafael, Risk Management The document(s) you requested from Nexlevel Informaiton Technology have been delivered for Next Level website work. The following document(s) have been uploaded: • Additional Insured Endorsement, CG20101185 or Equivalent • Primary Wording & Non Contributory • Waiver of Subrogation for General Liability Workers Compensation and Automobile • ACORD Form Please contact us at the e-mail below should you require anything else. Insured Email: marvan�,-ela.criner@nexlevelit.com Job Name: Next Level website work Certificate #: 300.6974.8162