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HomeMy WebLinkAboutAgenda Report - November 7, 2018 C-13TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C-13 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Service Agreement with Communications Strategies, of Saint Helena, to Conduct and Manage Request for Proposals Process for Telephone and Voicemail Systems (Not to Exceed $24,235) MEETING DATE: November 7, 2018 PREPARED BY: Information Technology Manager RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1 to Professional Service Agreement with Communications Strategies, of Saint Helena, to conduct and manage the Requests for Proposals process for telephone and voicemail systems, in an amount not to exceed $24,235. BACKGROUND INFORMATION: The City currently uses an Avaya phone system for the operations of phone services throughout the City. The voicemail is a system by ESNA, a system different from the phone system. Both systems have reached end of life and support from their respective manufactures. The City requires a more advanced telephony system to meet the technical requirements of our customers and City staff. A newer telephony system will offer advanced analytics, modern features for enhanced mobility and improved reliability. The new voicemail system will offer improved functionality to our customers calling into the City, to receive call back, on -hold status and wait times. In May 23, 2018, the City hired Communication Strategies (Com-Strat), an independent technology consulting company, to evaluate the City's needs and to provide recommendations for technology that will support their long-term telephone requirements. Communication Strategies has prepared a report, in concert with City's IT staff, to ensure that all assessments are based on the most current and accurate information. The City's stated objectives for this report are to provide a feasibility study of City's telephone and voicemail systems, to assist in determining the strategic direction the City might pursue for a system replacement, and to provide budgetary costs. Communication Strategies has completed Phase 1 of the proposed technology consulting services. The City has decided to move forward with the project and staff's recommendation is to retain the services of Com-Strat for the following additional phases. Communication Strategies has intimate knowledge of the City's network and telephony infrastructure that was attained from a previous project. This gives Comm- Strat a unique advantage to understanding the City's requirements for a new phone system. The goal of this engagement will be Comm-Strat to support the City in the development of an RFP, review of responses received, participation in system demonstration and the final selection of a Vendor for the VoIP replacement system project. T APPROVED: 'Z�L__� Stephen Schwa aver, City Manager FISCAL IMPACT: A functioning phone system is critical to City operations. The contract is managed by the IT Division, which is approximately 50 percent funded by the General Fund. There is no impact from the item that was a planned expenditure in the fiscal year 2018/19 budget approved by Council. FUNDING AVAILABLE: 10095000.72202 Andrew Keys Deputy City Manager L�y�-moi AMENDMENT NO. 1 COMMUNICATIONS STRATEGIES Professional Services Agreement THIS AMENDMENT NO. 1 TO AGREEMENT, is made and entered this day of , 2018, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and COMMUNICATIONS STRATEGIES. (hereinafter "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement ("Agreement") on May 13, 2018, as set forth in Exhibit 1 and attached hereto; 2. WHEREAS, CITY requested to amend said Agreement as set forth in Exhibit 2; and 3. WHEREAS, CONTRACTOR agrees to said amendments. NOW, THEREFORE, the parties agree to amend the Agreement and fees as set forth in Exhibit 2. CITY agrees to pay CONTRACTOR $24,235 for development of an RFP, review of responses received, participation in system demonstration and the final selection of a Vendor for the VoIP replacement system project. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation COMMUNICATIONS STRATEGIES STEPHEN SCHWABAUER City Manager Attest: JENNIFER M. FERRAIOLO City Clerk Approved as li Fprm: JQHN/ P. FUKASAWA Deputy City Attorney f o6/1a- NAME: 1.),:n1(:)! ISG, Title:111 j , , At �iw icur ' AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on (114u3 9.3 2018, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and ComStrat, LLC, doing business as Communication Strategies (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for evaluating the future needs of the City's communication strategy (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall -emain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as dentified in its proposal t CITY. The Scope of Services shall be performed by CONTRACTOR, unless agred to otherwise by CITY in writing. CITY shall be notified oy CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this 4greement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such icenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter nto any subcontract with any other party for purposes of providing any work or services zovered by this Agreement. Section 2.6 Term The term of this Agreement commences on May 8th, 2018 and terminates upon the completion of the Scope of Services or on May 8th, 2019, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, ndividual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs :.onsidered to be over and above those inherent in the original Scope of Services shall oe approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR :o CITY for services under this Agreement. Upon request, CONTRACTOR agrees to rurnish CITY, or a designated representative, with necessary information and assistance -ieeded to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, pbtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information "equested and shall permit CITY or its delegate access to its premises, upon reasonable iotice, during normal business hours for the purpose of interviewing employees and nspecting and copying such books, records, accounts, and other material that may be -elevant to a matter under investigation for the purpose of determining compliance with :his requirement. CONTRACTOR further agrees to maintain such records for a period of :hree (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not liscriminate in the employment of its employees or in the engagement of any sub 7,ONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or ;parts of the work described in the Scope of Services prior to final acceptance by CITY, .except as expressly provided herein. 'Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this (reference. 'Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing ;signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Benjamin Buecher To CONTRACTOR: Communication Strategies 1176 Starr Avenue St, Helena, CA 94574 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant ;information it has at its disposal relevant to the Scope of Services. 1Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not 'air employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or 'Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severabilitv The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions 0 If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: CITY OF LODI, a municipal corporation NIFER F RRAIOLO S„ �'"TSCHWN! ER ty Clerk City Manager Coit.. S4rak, APPROVED AS TO FORM: Communication Strategies JANICE D. MAGDICH, City Attorney Byt By: Name: Clio Lij M Vavivf✓rl Title: 1/14014415i).4 Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: (Business Unit & Account No.) Doc ID: CA:Rev.01.2015 8 ITEMIZED SCOPE OF WORK 1.01 1.02 1.03 1.04 1.06 1.07 1.08 1.09 1.10 1.12 IrgCOMMUNICATION STRATEGIES Kickoff - review protect objectives and budget, team resources, project plan and schedule. Create Discovery workbook, and work with client on obtaining site details, counts, capacities, compatibility, Infrastructure Workshop with IT team to develop understanding of existing and -envisioned IT infrastructure including LAN/WAN Gather Telco invoices from client, Inventory services used, look for cost savings, provide recommendations for new configuration Departmental Discovery Meetings - Initial Workshop with ACD Contact Center managers to review and validate requirements Identify VIP readiness issues -training, staffing, PoE, QoS, VLAN, UPS Develop, research and validate multiple design scenarios (premise, hosted, upgrade of existing, hybrid solutions) Develop Total Cost of Ownership analysis using 5 year TCO for each design model Develop technical and functional GAP analysis, and risk analysis and provide recommendations based upon analysis Prepare strategic roadmap report - Pro/Con, GAP recommendation, Total Cost of Ownership, design narrative Finalize strategic report based on Client feedback and create summary presentation 1.13 Participate in weekly planning meetings (per week) 1.14 Miscellaneous emalls, PM and follow up -weekly PROJECT TIME EINE 1 1 1 Optional Optional Optional 1 3 3 1 1 1 2 Optional 2 0.5 2 1 2 2 4 4 1 0.5 0.5 1 2 1 TBD TBD TBD 1 6 6 4 4 1 1 TBD Phase 1 Total 27 Phase 1: Strategic Planning and Budget Report 3 - 4 weeks Timeline above represents typical intervals based on normal client urgency and availability. Timeline can be shortened or expanded upon request. 1/23/2018 www.Com-Strat.com 12 of 20 © 1112 COMMUNICATION STRATEGIES PROJECT FEES ,.I: .1 a Phase 1 Strategic Planning and Budget Report 27 0 0 $4,995.00 Phase 2 Requirements Documentation and RFP TBD 0 0 $0.00 Phase3 Vendor Evaluation and Selection TBD 0 0 $0.00 Phase 4 Implementation Support TBD 0 0 TBD1 Phase 5 Consulting Support PIan2 TBD TBD2 Travel Local Travel and Normal Expenses Local Travel Included Grand Total 27 0 0 $4,995.00 1/23/2018 www.Com-Strat.com 13 of 2013 (XI,(b/i C inCOMMUNICATION STRATEGIES Agreement for Technology Consulting This agreement is between Communication Strategies (Com-Strat, LLC) and the City of Lodi for the purpose of technology consulting services. SCOPE OF WORK: Phase 1 as described above FEES: 27 Hours at $185.00 per hour for a total of $4,995.00 TERMS: Communication Strategies requires a 30% deposit to initiate the project. Communication Strategies will submit invoices monthly for work performed and receipt of payment is net 30 days. All local travel and normal expenses are Included in our hourly rate. The hours quoted are not to exceed figures, and are expected (but not guaranteed) to fulfill the Scope of Work proposed. ACCEPTANCE The City of Lodi 221 W. Pine Street Lodi, State, 95240 Com-Strat, LLC 1176 Starr Ave. St. Helena, CA 94574 Name: Name Title; Title: Date: Date: 1/23/2018 www.Com-Strat.com 14 of 20 m EXHIBIT C jasurance Reaulrements for Contractor The Contractor shall take out and maintain during the Ilfe of this Agreement, insurance coverage as listed below. These Insurance polities shall protect Contractor and any sebcontractor performing work covered by this Agreement from claims for damages for personal injury, including mcldental death, as well as from claims for property damages, which may arise from Contractor's operations under tills Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such Insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement, Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 5. ERRORS AND OMISSIONS 1 TECHNOLOGY $1,000,000 Per Claim $2,000,000 Annual Aggregate Covering all acts, errors, omissions, negligence, network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or other negligence in the handling of confidential Information, privacy perils, and Including coverage for related regulatory defense and penalties; data breach expenses, and payable whether incurred by City of Lodl or Contractor, Including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for, or on behalf of, City of Lodi. Such insurance shall be maintained in force at all times during the term of the agreement and provide an Extended Reporting Peried (ERP) for a period of one year thereafter, for services completed during the term of the agreement, P11 limits are to be designated strictly for the City of Lodi, Its elected and appointed boards, commissions, officers, agents, employees, and volunteers. Ali deductibles or self -Insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or In excess of the specified minimum insurance cnverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (I) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor: whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tart Claims Act (California Government Code Section 810 et seq.). A copy of the certlficate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) such Insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named insureds. An additional named insured endorsement is also required for Auto Liability. (b) primary and_Non-Contrlbutcry Insurance Endorsement Additional Insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self -Insurance and shall be at least as broad as ISO form CG 20 01 0413. Page 1 ( of 2 pages Risk: rev.03.2016 Insurance Requirements for Contractor (continued) NOTE: (1) The street address of the CITY OF LORI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240: (2) The insurance certificate must state, on its face or as an endorsement, a description of the prosect that itis insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability, (d) J.imits of Cgveraae The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named Insured. (e) Severability of Interest Clause The term "insured" is used severally and not collectively. but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. Notice of Cancellatlol_or Chance al Coverage EnaJorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (A (g) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or Is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums pald, with Interest on the premium paid by the City at the maximum allowable legal rate then in effect In California. The City shalt notify Contractor of such payment of premiums within thirty {30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (141) day of the month following the City's notice, Notwithstanding any other provision of this Agreement, If Contractor fails or refuses to obtain or maintain insurance as required by this agreement, ar fails to provide proof of Insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site ar faclilties and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (it Qualified Insurer(s) All Insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation insurance The Contractor shall take out and maintain during the life of this Agreement, Workers Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work Is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all o' the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case ay class of employees engaged in hazardous work under this Agreement at the site of the project is not protected older the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to p'ovide insurance far the protection of said employees. A waiver of subrogation is required for workers C pensatlon insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE; The City reserves the right to obtain a full certified copy of any Insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the elective date, Page 21 of 2 pages 1 Risk: rev.03.2016 Communication Strategies Overall Status: Not Approved qi Info Contract Nu-nber Protect Number Protect Name Telephony Consulting General Liability egen Excess Anal 04/272018 — 04/27/2018 Policy: 57SBARH8450 Insurer: s •rtm,.l InsuinMSo Cern 8 y Ltd 04/27/2018 — 04/27/2019 Policy 57SBARH8450 Insurer: Sul elpe1 Insurnnci Corel gy Ltd Cyber professloial liability°° ��E8GQ— O916 98 8g1. Ineurec JJgyds ar Lr,ndou k'khairIT` Department Name Protect Status Lodi Internal Services Each Occurrence: Fre Damage (any one Ore): Medexp (any one person): Personal/adv InJury: General (Aggregate): Products-comp/op Agg. Ltrnrt: Limn Not Approved $2,000,000 $1,000,000 $10,000 $2,000,000 84,000000 $3,000,000 $1.000.000 Approved Approved Approved Requested Documents Pending Requirements No --es: Exhibit 2 T Ira COMMUNICATION STRATEGIES Addendum - Technology Consulting Services For The City of Lodi Presented to: Benjamin Buecher Information Technology Manager By Chuck Vondra Sr. Consultant, Managing Principal (707) 963-5418 Chuck@com-strat.com Scott McCoy Consultant, Project Manager (408) 472-7714 ScottM@com-strat.com Copyright © 2016 Com-Strat, LLC. All Rights Reserved ireCOMMUNICATION STRATEGIES Itemized Scope of Work Communication Strategies has completed Phases 1 of the proposed technology consulting services. the City of Lodi has decided to move forward with the project and wishes to retain the services of Com-Strat for the following additional phases. The goal of this engagement will be to support the City of Lodi in the development of an RFP, review of responses received, participation in system demonstration and the final selection of a Vendor for the VoIP replacement system project. To the degree that any of the Project Tasks below can be completed by the City of Lodi or the chosen Vendor it will be deleted from our Scope of Work as the project proceeds. We will invoice only for actual hours worked. Phase 2 Requirements Documentation Tasks Quantity Hours Net Hours 2.01 Kickoff - review project objectives and budget, team resources, project plan and schedule. 1 1,5 1,5 2.02 Create Detailed Discovery workbook, and work with client on obtaining site details, counts, capacities, compatibility, infrastructure 1 1.5 1.5 2.03 Workshop with IT team to develop understanding of existing and envisioned IT infrastructure including LAN/WAN Completed 2 TBD 2.04 Telco Design Review 1 2 2 2.05 Identify VoIP readiness issues - training, staffing, PoE, QoS, VLAN, UPS Completed 1 TBD 2.06 Meeting with key "purchasing policy" departments to review RFP process (i.e. Purchasing, Legal Counsel, HR, Compliance, Security) 1 1 1 2 07 Physical survey of MDF and Data Center for design, suitability, infrastructure, upgrade requirements Completed 1 TBD 2.08 Physical survey of IDF equipment/wiring closets (at H.O. and branches) to review power, cable plant, rack space, current installed equipment Optional 1.5 TBD 2.09 Define Disaster Recovery/Business Continuity Plan 1 1 1 2.10 Detailed inventory of phone and user counts (by location) Client IT to perform 2 TBD 2.11 Detailed Telecom feature and application review and prioritization (Mandatory, Preferred, Optional, Nice to Have) 1 3 3 2.12 Departmental Requirements Discovery Meetings - Detailed 6 1 6 2.13 Generate electronic end user survey to solicit feedback and requirements 1 2 2 2.14 Generate Use Case Scenarios 1 1 1 9/19/2018 www.Com-Strat.com 2 of 6 ° gECOMMUNICATION STRATEGIES 2,15 Workshop with ACD Contact Center managers to review and validate requirements 2 2 4 2.16 Investigate and develop requirement specifications for Advanced Contact Center applications (IVR, Multi -Channel, Screen Pop, etc.) 1 4 4 2.17 Investigate and develop requirement specifications for Advanced Unified Communications applications (Presence, Instant Messaging, Collaboration, etc.) Option 2 TBD 2 18 Develop requirement specifications for miscellaneous advanced applications (Enhanced 911, Emergency Notification, etc.) 1 2 2 2 19 Design and develop LAN/WAN replacement/upgrade specifications for inclusion in the RFP Option 2 TBD 2 20 Develop Request For Proposal - technical specifications, response criteria, installation requirements, T&Cs, warranty, etc. 1 16 16 2 21 Create standardized pricing and capacity spreadsheets that vendors will use to ensure side by side comparability of bidders 1 5 5 2.22 Develop evaluation weighting and scoring matrix 1 1 1 2.23 Compile potential vendor list and distribute RFP 8 0.25 2 2.24 Participate in weekly planning meetings (per week) 8 0.5 4 2.25 Miscellaneous emaiis, PM and follow up - weekly 8 0.5 4 2.26 Travel Time (1/2 rate) 1 2 2 Phase 2 Total 63 3.01 Conduct bidders conference 1 2 2 3.02 Assist with any bidder's Q&A, research and formulate responses (# of bidders) 8 0.5 4 3,03 Read and evaluate RFP responses, determine compliance and technical merit, clarify any bidder ambiguity (# of responses) 8 2 16 3.04 Technical evaluation and scoring of each vendor's proposal (# of responses) 8 0.5 4 3.05 Participate in Short List Decision Process, mediate Q&A, finalize short list justification reasoning 1 2 2 3.06 Demo Coordination and Agenda preparation (# of vendors) 3 0.5 1.5 3.07 Participate in short list bidder presentations (# of Vendors) 3 4 12 3.08 Presentation review meeting with evaluation committee, determine any amendments to requirements based on information gathered in demonstration process 1 2 2 3.09 Presentation review follow up and Q&A with finalist vendors (# of finalists) 2 1 2 3.10 Coordinate and consult on Best and Final Offer to add or remove any revised requirements from demonstration process (# of finalists) 1 3 3 9/19/2018 www.Com-Strat.com 3 of 6 © ITOCOMMUNICATION STRATEGIES 3.11 Assist with and set up Reference check calls - 3 0.5 1.5 3.12 Assist with formal recommendation report and justification presentation - draft, consensus editing, finalize 1 2 2 3.13 Recommendation presentation meeting to Board or other governance group Optional 2 TBD 3.14 Participate in weekly planning meetings (per week) 12 0.5 6 3.15 Miscellaneous emails, PM and follow up - weekly 12 0.5 6 3.16 Travel Time (1/2 rate) 2 2 4 Phase 3 Total 68 Phase 1: Strategic Planning and Budget Report Complete Phase 2: Requirements Documentation and RFP 6 - 8 weeks Vendors response time to RFP 4 weeks Phase 3: Vendor Evaluation and Selection 6 - 8 weeks Phase 4: Installation Project Management Future Timeline above represents typical intervals based on normal client urgency and availability. Timeline can be shortened or expanded upon request. 9/19/2018 www.Com-Strat.com 4 of 6 12 COMMUNICATION STRATEGIES Addendum for Technology Consulting Services This agreement is between Communication purpose of technology consulting services. SCOPE OF WORK: Phase 2 and 3 as described above FEES: Strategies (Com-Strat, LLC) and The City of Lodi for the 131 Hours at $185.00 per hour for a total of $24,235.00 TERMS: All local travel and normal expenses are included in our hourly rate. Communication Strategies will submit invoices monthly for work performed and payment is net 30 days. The hours quoted are not to exceed figures and are expected to fulfill the Scope of Work proposed. ACCEPTANCE The City of Lodi 221 W. Pine Street Lodi, State, 95240 Com-Strat, LLC 1222 Grandview Rd Sebastopol, CA 95472 Name: Name Title: Title: Date: Date: 9/19/2018 www.Com-Strat.com 5 of 6 © inCOMMUNICATION STRATEGIES 9/19/2018 www.Com-Strat.com 6 of 6 ° RESOLUTION NO. 2018-206 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH COMMUNICATIONS STRATEGIES, OF SAINT HELENA, FOR DEVELOPMENT OF REQUEST FOR PROPOSALS, REVIEW OF RESPONSES AND FINAL SELECTION OF VENDOR FOR TELEPHONE AND VOICEMAIL SYSTEMS WHEREAS, on May 13, 2018, the City Manager authorized a Professional Services Agreement with Communications Strategies to evaluate the City's needs and to provide recommendations for technology that will support their long-term telephone requirements; and WHEREAS, staff recommends authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Communication Strategies to support the City in the development of an RFP, review of responses and the final selection of a vendor for the VoIP replacement system project, in an amount not to exceed $24,235. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Communications Strategies, of Saint Helena, California, , to support the City in the development of an RFP, review of responses and the final selection of a vendor for the VoIP replacement system project, in a total amount not to exceed $24,235. Dated: November 7, 2018 I hereby certify that Resolution No. 2018-206 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 7, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None NNIFE . FERRAIOLO City Clerk 2018-206