HomeMy WebLinkAbout2014-03-25 - AGENDA REPORTS - NEW AUTOMATED AGENDA SYSTEM (2)117. 1:9
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Agenda Item• 10
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
March 25, 2014
`W' V
Benny Ives
AWARD OF NEW AUTOMATED AGENDA SYSTEM
Administrative Services
RECOMMENDED ACTION
City Council:
1. Award a contract in the amount of $131,760, plus a 10% contingency in the amount of
$13,176, for a total amount not to exceed $144,936, to Carahsoft Technology for the
purchase and five-year technical support and maintenance of the IQM2 Automated Agenda
Management and Public Meeting Video Streaming system.
2. Appropriate $144,936 from Technology Replacement Fund 720 to account 12203-5161.001,
for the configuration, implementation, and five-year support costs associated with the
recommended agenda management and public meeting video -streaming system.
3. Authorize the City Manager or designee to modify the award in the event issues of
impossibility of performance arise, and execute all documents subject to City Attorney final
document approval, contingent upon the appropriation of funds by the City Council in the
annual budget for such Fiscal Year.
BACKGROUND
Staff is recommending the award of a five-year contract to implement a new automated agenda
management system to increase operational efficiencies and enhance transparency by making
public information more readily accessible to the community. The new system will also improve
the City's ability to live stream Council meetings and provide the community with the ability to
access past Council meeting video, audio, and agenda content in an on -demand format via the
City's website.
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The City's electronic agenda system, which was developed internally by Technology Services
approximately 10 years ago, relies upon an electronic and paper -driven process that requires
extensive coordination and staff time and lacks the functionality found in today's modem
systems. Furthermore, the system only manages the City Council agenda process and does not
allow the City to electronically store and make past meeting agendas and/or videos available to
the community on demand.
The recommended new agenda management solution will significantly improve operational
capabilities and allow the City Clerk's Office to more effectively oversee the preparation of the
City Council agenda. In addition to supporting regular City Council meetings, the system will
allow the organization to centralize the preparation of agendas for Council Study Sessions, Santa
Clarita's three standing Commissions, multiple City Council Sub -Committees, and re -occurring
joint Council/Commission meetings.
In December 2013, the City's Technology Services Division, in coordination with the City
Clerk's Office, issued Request for Proposal (RFP) TS -13-14-39 for a comprehensive Automated
Agenda Management and Video System solution. In developing this RFP, staff sought a solution
capable of meeting the City's technological and organizational agenda management needs, which
include enhanced transparency by making past agendas, reports, supporting documents, and
meeting videos available in an on -demand manner on the Internet. There was also an emphasis
on limiting one-time implementation and ongoing support costs.
The RFP was issued on December 24, 2013, and forwarded to the Santa Clarita Chamber of
Commerce and the Valley Industrial Association. A total of 360 unique vendors were notified of
this RFP, of which 28 downloaded the document. However, only four proposals were received:
1) Granius (San Francisco, CA)
2 IQM2 (Ronkonkoma, NY)
3) NovusAGENDA (Tampa, FL)
4) Sire (West Valley City, UT)
Following a thorough analysis of the four proposals based on the criteria in the RFP and system
demonstrations of the two highest ranked solutions, staff is recommending award of a five-year
contract, inclusive of maintenance and technical support, to Carahsoft Technologies to purchase
the IQM2 Automated Agenda and Council Video system. Based on the desired capabilities that
were met, ease of use, and transparencies created, staff feels this solution is the most feasible and
effective system in best meeting the City's needs.
Pending award of contract, implementation of the new agenda system will be complete by Fall
2014.
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ALTERNATIVE ACTIONS
1. Do not award contract to CarahsoR Technologies.
2. Other action as determined by the City Council.
FISCAL IMPACT
Replacement of the organization's agenda management system has been previously identified
and planned for as part of the City's 10 -year Technology Replacement Forecast. As part of this
action, staff is recommending appropriation of monies in the amount of $144,936 from the
Technology Replacement Fund (720) to the Technology Services Contractual Services Account
(12203-5161.001).
ATTACHMENTS
Maintenance Agreement available in the City Clerk's Reading File
—3–
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF SANTA CLARITA AND
IQM2
Contract No.
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _ day of
20 , by and between the CITY OF SANTA CLARITA, a general law city
and municipal corporation ("CITY") and IQM2, a Private Corporation ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below; and
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONTRACTOR on an amount
set forth in the attached Exhibit "A," which is incorporated by reference, for
CONTRACTOR's services. CITY will pay such amount promptly, but not later
than thirty (30) days after receiving CONTRACTOR's invoice. The five year total
cost is equivalent to the monthly cost of $2,196 x 60 months = $131,760.
2. TERM. The term of this Agreement will be from April 1, 2014, to April 1, 2019. The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit "A."
B. CONTRACTOR will, in a workmanlike manner, fumish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. If required by applicable state law including, without limitation Labor Code
§§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776,
CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's
Revised 8/2011 Page I of
responsibility to interpret and implement any prevailing wage requirements and
CONTRACTOR agrees to pay any penalty or civil damages resulting from a
violation of the prevailing wage laws. In accordance with Labor Code § 1773.2,
copies of the prevailing rate of per diem wages are available upon request from
CITY'S Engineering Division or the website for State of California Prevailing
Wage Determination at www.dir.ca.gov/DLSR/PWD. A copy of the prevailing
rate of per diem wages must be posted at the job site.
B. If this contract is subject to state prevailing wage requirements of the California
Labor Code including Sections 1770 and 1773, and the City's California
Department of Industrial Relations (DIR) approved Labor Compliance Program.
All covered work classifications required in performance of this contract will be
subject to prevailing wage provisions. The Contractors and its subcontractors shall
pay not less than the state wage rates. Contractor shall further adhere to the
requirements contained in the City of Santa Clarita's Labor Compliance Program.
A copy of the Labor Compliance Program is available for review upon request at
the Office of the City Clerk. All pertinent state statues and regulations, including,
but not limited to those referred to in this contract and in the City's Labor
Compliance Program, are incorporated herein as though set forth in their entirety.
Additionally, the Contractor is responsible for obtaining a current edition of all
applicable state statues and regulations and adhering to the latest editions of such.
C. Protection of Resident Workers
The City of Santa Clarita actively supports the Immigration and Nationality Act
(INA), which includes provisions addressing employment eligibility, employment
verification, and nondiscrimination. Under the INA, employers may hire only
persons who may legally work in the United States (i.e., citizens and nationals of
the U.S.) and aliens authorized to work in the U.S. The employer must verify the
identity and employment eligibility of anyone to be hired, which includes
completing the Employment Eligibility Verification Form (1-9). The Contractor
shall establish appropriate procedures and controls so no services or products
under the Contract Documents will be performed or manufactured by any worker
who is not legally eligible to perform such services or employment.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has:
i. Thoroughly investigated and considered the scope of services to be
performed; and
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
Revised 82011 Page 2 of 7
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Tvve of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$1,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 1 185 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will not
be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies of
policies as may be reasonably required by City from time to time. Insurance must
be placed with insurers with a current A.M. Best Company Rating equivalent to at
least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide
thirty (30) day notice of any cancellation of coverage. CONTRACTOR will
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
Revised 82011 Page 3 of 7
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate. In the alternative. should
CONTRACTOR fail to meet any of the insurance requirements under this
agreement. City may cancel the Agreement immediately with no penalty,
F. Should Contractor's insurance required by this Agreement be cancelled at any
point prior to expiration of the policy. CONTRACTOR must notify City within 24
hours of receipt of notice of cancellation. Furthermore. CONTRACTOR must
obtain replacement coverage that meets all contractual requirements within 10
days of the prior insurer's issuance of notice of cancellation. CONTRACTOR
must ensure that there is no lapse in coverage.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
Elm 131 lid I WIX OWN
A. CITY may terminate this Agreement at any time with or without cause.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim,
action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising
out of the performance of this agreement by CONTRACTOR. Should CITY be named in any
suit, or should any claim be brought against it by suit or otherwise, arising out of performance by
CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend
CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for
any judgment rendered against it or any sums paid out in settlement or costs incurred in defense
otherwise.
Revised 8(2011 Page 4 of 7
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR
will act as an independent contractor and will have control of all work and the manner in which is
it performed. CONTRACTOR will be free to contract for similar service to be performed for
other employers while under contract with CITY. CONTRACTOR is not an agent or employee
of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits
CITY provides for its employees. Any provision in this Agreement that may appear to give CITY
the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of
control over the work means that CONTRACTOR will follow the direction of the CITY as to end
results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
To CONTRACTOR: IQM2
100 Comac Street, Suite 2
Ronkonkoma, NY 11779
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to
be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or against
either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
Revised 8/2011 Page 5 of 7
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon
approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon
CITY until executed by the City Manager. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written agreement.
CITY's City Manager may execute any such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the same
effect as an original signature.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting five years of technical support and
maintenance. To the extent that there are additional terms and conditions contained in Exhibit
"A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth
above. There are no other understandings, terms or other agreements expressed or implied, oral
or written.
25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
Revised 8/2011 Page 6 of 7
(SIGNATURES ON NEXT PAGE)
Revised 8/2011 Page 7of7
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year
first hereinabove written.
FOR CONTRACTOR:
0
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH W. STRIPLIN, CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
JOSEPH M. MONTES, CITY ATTORNEY
By:
City Attorney
Date:
Revised 8/2011 Page 8 of 7
carahsoft
EXHIBIT A
IQM2, Inc. Terms, Conditions and Pricing for
City of Santa Clarita, CA
IQM2
M.,N.,41MIN1
IMPORTANT NOTICE TO USER: IQM2, Inc. owns all intellectual property in the MinuteTraq, MediaTraq and E -
Boardroom software "Software". You shall not modify, adapt, translate, rent, lease or otherwise attempt to
discover the Software source code. This Agreement will be governed by the laws in force in the State of New York.
1. Reseller Terms. The following terms are required to be included in all of Carahsoft's (Reseller) Software sub -
License and Service Agreements and shall govern all End User orders for IQM2 sublicensed there under. All
Purchase Orders and payments must be made out to Carahsoft Technology Corp.
2. Software License. This software program and the accompanying files, software updates, lists and
documentation are licensed, not sold, to you. You may install and Use a copy of the Software on your compatible
computer for the purpose of connecting to the hosted service provided by IQM2 as long as you are a current
subscriber and maintain your monthly or annual continued services for the applicable licenses.
3. Continued Services
3.1 Updates and Renewals. If the Software is an Update to a previous version of the Software, you must possess a
valid license to the previous version in order to use the Update. Corrections of substantial defects in the Software
so that the Software will operate as purported will be rectified by IQM2.Customer agrees to install all updates,
including any enhancements, for the Software in accordance with the instructions provided by IQM2.
3.2 Service Level Agreement 'SLA". Technical support is available twenty-four (24) hours per day, seven (7) days
per week for the term of this Agreement. IQM2 policy requires a response from a support staff member within 60
minutes which will result (if necessary) in a formal submission of a case #. Client will be notified of estimated
resolution schedule.
3.3 Hosting. IQM2 agrees to maintain customer data in a Tier -3 datacenter and is committed to providing 99.9%
uptime and availability. IQM2 will perform nightly backups of your hosted data to an alternate physical location.
3.4 Ownership of Data. All hosted data belongs to the customer. At the request of the customer IQM2 will provide
a backup of all database information and files through a downloadable backup or DVD. IQM2 agrees to provide this
service without charge at least once per year.
4. Payment Terms R Fees
4ABiffing Procedures. SaaS Services of $2,196 per month billing will begin upon project start date (first
discovery call with trainer). Each subsequent payment will occur on the 1" or 151h of each month. IQM2
reserves the right to charge a 5% cost of living per year. Payment Terms are NET 30 Days. This agreement can be
terminated at any time with 30 days prior written notice. Initial here
4.2Travel Expenses. Should travel by IQM2 staff ever be agreed upon during the tenure of these terms, travel
expenses will be billed at cost and invoiced separately.
4.3Hardware. IQM2 does not warranty any hardware. Should IQM2 choose to furnish encoder hardware as part of
our MediaTraq video streaming service at no additional cost, hardware warranty is through manufacturer repair or
replacement only. Any hardware issues requiring new equipment not covered by the warranty will be billed to the
client at cost.
5. Limitation of Liability. In no event will IQM2 be liable to you for any damages, claims or costs whatsoever or
any consequential, indirect, incidental damages, or any lost profits or lost savings, even if an IQM2 representative
has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The
foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. IQM2's
aggregate liability shall be limited to the amount contracted for the software, if any.
carahsoft
6. Pricing Structure:
IQM2INTELLIGENT MEETING
M A N A4[MI NT
SKU # Description Monthly SaaS One Time
20-312 MinuteTraq - Unlimited $1,656 / mo
10-002 System Configuration, Implementation & Training Waived/Included
21-312 MediaTraq - Unlimited $540 / mo
Total — Monthly SaaS $2,196 / mo
Contract Number 5441746
"All Products Purchased under this agreement are available via Electronic Distribution
only. No tangible media or documentation will be available or shipped under this
agreement. Access to the products purchased under this agreement is in no way
dependent upon any tangible media that may have been received prior to, or separately
from, this agreement.
To support the California sales and use tax exempt status of electronically downloaded
software allowed under California regulation 1502 (F) (1) (D), vendor invoices for all
purchases made under this agreement must accurately state that software distribution is
solely via electronic download and that no tangible media or documentation will be
shipped to or received by our agency."
City of Santa Clarita, CA
Signature
Printed Name, Title
Please Sign Below and Send to:
KATIE DYER
IQM2 AT CARAHSOFT TECHNOLOGY CORP.
12369 Sunrise Valley Drive, Suite D2
Reston, VA 20191
Phone : (703) 889-9701
Fax : (703)871-8505
KATIE. DYER@CARAHSOFT.CO M
Carahsoft Technology Corp.
Signature
Katie Dyer, Account Representative
Printed Name, Title
Date, 3/11/2014