Accela Consulting Services
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PROFESSIONAL/ CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is madeby and between the City of Cupertino, a municipal corporation (“City”), and Avocette Technologies, Inc. (“Contractor”), a Corporation for Accela Consulting Services, and is effective on July 1, 2021 (“ Effective Date”).
2. SERVICES
Contractor agreesto provide the servicesand perform the tasks (“Services”) set forth in detail in Scopeof Services, attachedhere and incorporated asExhibit A. Contractor further agreesto carry out its work in compliance with the City’ s Shelter In Place and Social Distancing Requirements, attachedhere and incorporated as Exhibit A-A.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on June 30, 2022 (“ Contract Time”), unless terminated earlier as provided herein. Contractor’ s Services shall begin on the effective date and shall be completed by June 30, 2022. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’ s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordancewith the Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Serviceson time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will basedon actual costs but that will be capped so as not to exceed 87,000. 00 (“ Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty ( 30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending
ATTACHMENT E
Accela Consulting Services
Page2 of 9 Professional/ Consulting Contracts / Version: June 2021 claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under theAgreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from theCity.
5.2 Contractor’ sQualifications. Contractor warrants on behalf of itself andits subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standardsand best practices in theindustry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractorsthat they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City BusinessLicense, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approvedsubcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor andany of its employees, agents, andsubcontractorsshall not haveany claim underthis Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’ s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoeverto pay or withhold any taxesor benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal RevenueService or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employeefor any purpose, then Contractor agreesto a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expensesunder this Agreement are not greater than they would have been had the determination not been made.
6. PROPRIETARY/ CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have accessto private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and useit only to perform this Agreement.
Accela Consulting Services
Page3 of 9 Professional/ Consulting Contracts / Version: June 2021 Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium ( collectively, “ Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall beshown to any third- party without prior written approval of City.
7.2 Copyright. To the extent permitted by Title 17 of the U. S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may usecopies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized useof any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to executeor implement any of the following:
a) The original Servicesfor which Contractor was hired; b) Completion of the original Services by others;
c) Subsequentadditions to the original Services; and/or d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sidedoriginal.
8. RECORDS
Contractor must maintain complete and accurateaccounting recordsrelating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’ s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four ( 4) years from the date of City’ s final payment.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of Accela Consulting Services
Page4 of 9 Professional/ Consulting Contracts / Version: June 2021 City. Any attempt to do so will be null and void. Any changesrelated to the financial control or businessnature of Contractor as a legal entity is consideredan assignmentof the Agreement and subject to City approval, which shall not be unreasonably withheld. Control meansfifty percent 50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generatedby Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’ s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptableto Cit y, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expensesrelated to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
a) Breach of contract, obligations, representations, or warranties; b) Negligent or willful acts or omissions committed during performance of the Services; c) Personalinjury, property damage, or economic loss resulting from thework or performance of Contractor or its subcontractors or sub-subcontractors; d) Unauthorized useor disclosure of City’s confidential and proprietary Information; e) Claim of infringement or violation of a U. S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third- party claim. At City’ s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’ s duties under this section are not limited to the Contract Price, workers’ compensationpayments, or the insuranceor bond amountsrequired in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor againstCity or any Indemnitee.
11.4. Contractor’ s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchaseorder, or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to Accela Consulting Services
Page5 of 9 Professional/ Consulting Contracts / Version: June 2021 those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with theserequirements imposesno additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration datesof coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costsfrom Contractor’s compensationor terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, asrequired by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scopeof Servicesincludes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired- Immune Deficiency Syndrome AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employeesor sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on requestnecessaryto monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Accela Consulting Services
Page6 of 9 Professional/ Consulting Contracts / Version: June 2021 Regulations. Contractor agreesto abide by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutesa material breachandmay result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Nidhi Mathur as the City’ s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assignsCynthia Tomey asits single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandonor postponethe Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonabletime to assemblethe work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expendedto datein the performance of the Services.
16. TERMINATION
City may terminate this Agreement for causeor without causeat any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be madeuntil Contractor closesout the Servicesand delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Servicespending resolution of the dispute. If the Partieselect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.
Accela Consulting Services
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18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursuesarbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptanceof the Servicesnor payment thereof shall constitute a waiver of any contract provision. City’ s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement( s) and understanding( s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.
23. HEADINGS
The headingsin this Agreement are for convenienceonly, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/ PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Partiesagreeto work in good faith to amendthis Agreement to carry out its intent.
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25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendarday after deposit in the United StatesMail, postageprepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Nidhi Mathur
Email: [email protected]
To Contractor:
Avocette Technologies, Inc
422 Sixth Street-2nd Floor
New Westminster BC V3L3B2
Attention: Cynthia Tomey
Email: Cynthia. Tomey@avocette. com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor hasfull right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.
IN WITNESS WHEREOF, the parties have causedthe Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
Darrel Drab
VP, Local Government
Jul 7, 2021
Darrel Drab
Jul 10, 2021
CTO
Bill Mitchell
Accela Consulting Services
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HEATHER M. MINNER
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Heather M. Minner
Jul 12, 2021
Deliver to:
City of Cupertino
Attn: Nidhi Mathur
Phone: 408) 777 3377
E mail: nidhim@cupertino. org
Response Contact:
Darrel Drab
Avocette Technologies Inc.
Phone: 250) 389 2993 X229)
E mail: Darrel. drab@avocette. com
2nd Floor 422 Sixth Street, New Westminster, BC V3L 3B2 604) 395 6000
604) 395 6004
1 866 285 8885
GST 889977195 RT0001
Head Office:
Phone:
Fax:
Toll Free:
City of Cupertino
ServicePlus++
Operational Support Services Contract for Accela Automation ServicePlus++ Support Services Agreement
i
Service + Vendor Services Agreement
Between Avocette Technologies Inc. ( the
VENDOR)
at the following address:
2ndFloor – 422 Sixth Street
New Westminster, BC
V3L 3B2
Phone: 604 395 6000
Phone Toll Free: 1 866 285 8885
City of Cupertino
the CLIENT)
at the following address:
Cupertino City Hall
10300 Torre Avenue
Cupertino CA 95014 3202
Phone: ( 408) 777- 3377
CLIENT AND THE VENDOR AGREE TO THE TERMS OF THIS DOCUMENT AND IN THE SCHEDULE OUTLINE BELOW.
SCHEDULE A – SERVICES:
ServicePLUS++ AS AND WHEN - Provide support and consulting services in support of the Client’s Accela Automation system,
As Per Attached Schedule A.
Term:
From: July 1, 2021
To and including: June 30, 2022
Budget: Not to exceed $ 62, 000
SCHEDULE B – PROJECTS:
Licensing Implementation Statement of Work.
As Per Attached Schedule B.
Term:
From: July 1, 2021
To and including: June 30, 2022
Budget: Not to exceed $ 25, 000
READ TERMS ON THE FOLLOWING PAGES
ServicePlus++ Support Services Agreement
1 Schedule “ A” – “ As and When”
ServicePlus++ level of Service selected: AS AND WHEN
Hourly Service Requests rate: 130/ Hour
1 ServicePlus++™ AS AND WHEN Service
Avocette’ s ServicePlus++ AS AND WHEN service provides defined on going support services aimed at maintaining a stable Accela environment.
ServicePlus++ AS AND WHEN Service Desk hours: 9: 00 17: 00 PST Monday to Friday exclusive of Statutory Holidays
1. 1 Service Levels
The following service levels are included with ServicePlus++ AS AND WHEN service in order to achieve the level of support required for CLIENT’s Accela environment.
Service levels are divided into five priority levels and are monitored and measured against the service level commitment as shown below. Avocette uses the following definitions to measure service levels:
Acknowledge Request is an email from an Avocette representative that confirms that the request has been received and a ticket number has been assigned in our service request management system defined in section 2. 1);
Incident Resolution Time is the time from when the incident is reported to the time a work around or temporary solution has been implemented to address the specific incident; Incident Closure is the time from when the incident was reported to the time to hand over for production deployment with a permanent correction for the incident. If the incident closure requires an Accela fix, the Incident Closure times will not apply and will require direct participation of Accela which Avocette will assist with.
ServicePlus++ Support Services Agreement
2 ServicePlus++ AS AND WHEN service levels
Priority Definition
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Priority 1 Service Disruption for major
applications/ systems and/ or has major
impact on business operations and/ or
impacts external customers
Guideline has significant business impact.
Exclusive of CLIENT network or system
issues not covered.
Exclusive of external disaster or disruption.
1 Hour
Phone call
Acknowledgement is
required
4 Hours
Phone call to
Accela
Customer
Support
Center every
60 minutes
with updates
if required)
3 Business
days
Priority 2 Partial service disruption for major
application/ system and/ or service
disruption for minor system and/ or has
moderate impact on business operations
Guideline affects business operation for at
least one department.
2 Hour 4 Hours 5 Business
days
Priority 3 Minor service disruption impacting 1 2 users significantly and/ or has minimal impact on
business operations. Does not affect service
delivery to external clients.
Service Request may be raised for incident
remediation and resolution refer section
2. 1 for Service Request process).
1 Business day
Priority 4 Minor Service disruption with insignificant
or no impact on business operations
Workaround available
Guideline Affects 5people
Service Request may be raised for incident
remediation and resolution refer section
2. 1 for Service Request process).
1 Business day
ServicePlus++ Support Services Agreement
3 Priority Definition
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Priority 5 Causes no service disruption with no impact
on business operations and does impact
service deliver to clients. Additional work
needed to perform some functions.
Service Request may be raised for incident
remediation and resolution refer section
2. 1 for Service Request process).
5 Business days
Priority 3, 4 and 5 Service Levels are dependant on Avocette resource availability.
The following are required in order for Avocette to meet the above service levels:
CLIENT will provide all required subscription, software and/ or hardware licenses required to support the application.
The support team will not be on site at CLIENT’s location and Avocette’ s support team will be able to access the CLIENT network remotely using an SSTP VPN connection to access the necessary application environments.
1. 2 Service Level Reporting ( optional for As and When) Service level reporting is a key means of communication between CLIENT and Avocette. It is a forum to discuss the performance with respect to service levels, the accomplishments and challenges, and to have open honest dialog about the service delivery and relationship. It also allows potential risks to be discussed and addressed proactively. Service level reporting is provided through the Avocette service manager and as agreed to by the CLIENT. Service level meetings are recommended to review the report and to have dialog around the service delivery and support relationship.
1.2.1 Service Level Meetings
The following service level meetings are optional under AS AND WHEN service but Avocette recommends that they be conducted:
Weekly Prioritization meeting to review and rank incidents in priority.
Monthly Planning meeting to assess service request planning, status, priority and actions.
Annual Service Delivery review meeting to review the previous year and determine what adjustments are required for the next year.
ServicePlus++ Support Services Agreement
4 Attendees will include at least:
Avocette Service Delivery Manager
CLIENT Contract Manager
Note: Actual time spent conducting and documenting service level meetings will be charged at the contract rate.
Note: Avocette Weekly, Monthly, Quarterly and Annual meetings will occur via conference call unless otherwise requested.
1.2.2 Service Level Report
The service level report is prepared weekly and monthly and will include the following information:
An itemized list of all active requests/ incidents annotated by Avocette ticket number in the current month and previous month.
Hourly usage for each ticket in the current month, the previous month and overall.
The status of each ticket as of the end of the period as well as any information that will assist both CLIENT and VENDOR in resolving the ticket.
Service Delivery
Service delivery is oriented around two specific processes:
1) Incident Management
a. The handling of Break Fix situations. In CLIENT terminology this is the support’ type of requests that involve software fixes.
b. In the event of a Priority 1 or 2 incident, Avocette resources will be required to attend the Incident Report Meeting that will be scheduled by CLIENT within 48 hours of the incident.
2) Service Request Management
a. The handling of any request that is not expected to result in a software fix. This includes Maintenance, Enhancement and Operational non software related) requests. See section 5 for a list of optional services available.
The following sections will outline all the elements involved in Service Delivery and also walk through the expected workflow for both Incident Management and Request Management.
1. 3 Service Request Management
Avocette uses a Service Management system to record and track all incidents and service requests under this contract. Once submitted, service request management application is used to support incidents and requests, assign tasks to internal team members and track time spent on specific requests.
The features offered are:
ServicePlus++ Support Services Agreement
5 Application Change Management by logging and tracking requests, bugs, and enhancements by application and client
Automatic email notifications within Avocette Systems for: new incidents; closed incidents; Escalations; Priority changes; Remediation, Resolution or Recovery; and Task Assignments Cross referencing of incident reports
Time recording for activities and reporting on effort
Root Cause capture
Control of user access to ensure security and privacy
The service request management application is configured for each client and can be modified to accommodate business related requirements for reporting. CLIENT will be defined along with the details necessary to provide the reporting and incident management required to meet CLIENT Service Level reporting needs.
1. 4 Incident Management
The incident management process occurs when CLIENT has a request to fix a production problem with your Accela environment.
The goal of incident management is to:
Maintain service level objectives; and
Return to the normal service level as soon as possible with the smallest impact on the business and user.
The process is triggered when the authorized CLIENT individual or group makes the request through:
Entry into the Cherwell Service Request Management System E mail to Avocette for non emergency items only)
Phone call to Avocette for emergency and high priority issues, phone is mandatory)
1.4.1 Incident Management Process
The following describes how Avocette will respond to an incident request. This process can be reviewed and adjusted if necessary to meet CLIENT’s specific needs. As noted previously, some incident may require an Accela fix and in those cases Avocette will support the reporting and communication with Accela.
ServicePlus++ Support Services Agreement
6 Avocette Application Management
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1.1 Request Support
1.2 Acknowledge
Request
1.3 Create Incident
Receive
Acknowledge
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Update
Request
1.5 Resolve issue
within SLA
1.4 Assign Team
Resources
1.7 Recover
Application
1. 6b
Approve Closure
Phone/ Email
Priority 1 or 2? WarmHandoffYes
No
Email/ Phone Acknowledgement
Application
Recovered?
Yes
No
1.6a
Request Closure
Figure 1: Procedure for Incident Management.
Task Task Actor( s)
1.1 The CLIENTpoint-of-contactor CustomerService Center contactsthe AvocetteService Desk via toll-free telephonenumberor email address.
CLIENT
applicationpoint-
of-contact
1.2 All contacts are acknowledgedupon receipt. Acknowledgementcan be throughemail or by phone. In the event an incident is submittedwhich in the judgementof the service desk should be a level 1 or 2 incident the service desk will acknowledgeby phone and recommendan upgradeof the incident priority.
AvocetteService
Desk
1.3 AvocetteServiceDesk creates a ticket for the request, assigningthe requestto Avocette’s primarysupportperson and ServiceDeliveryManager.
Automaticemail notificationsare generatedand sent to the AvocetteServiceManager.
AvocetteService
Desk
1.4 If the requestis a priority 1 or 2, the AvocetteServiceDesk speaksto the support resourceand ServiceDelivery Managerdirectly to ensure the requestis receivedin a timely manner (i.e., warm handover). CLIENTand Avocette’s managersare informedof priority 1 and priority 2 requests.
The ServiceDeliveryManagerliaises with the primaryresourceto coordinatea solution, and may approachservice managerto assign additionalsupportteam resourcesto recoverand resolvethe issue.
Avocette
SupportTeam
1.5 The support team works to recoverthe issue within the service levels. This may involve workingdirectly with CLIENTstaff to provideaccessto data, databaselogs, performancedata, etc., in order to resolvethe incident.
The supportteam promotesthe fix to the CLIENTenvironmentand completesthe necessaryrequeststo migrateto production.
Avocette
SupportTeam
1.6a If resolutionof the issue providesrecoveryof the application, the ServiceDelivery Managerwill seek approvalfrom CLIENTto close the request.
CLIENTpoint-of-
contact
ServicePlus++ Support Services Agreement
7 Task Task Actor( s)
1.7 If resolutionof the issue does not also providerecoveryof the application, the support team will work to completethe long-term solution to the issue.
Avocette
Application
SupportTeam
1.6b Avocetteobtainsapprovalfrom the CLIENTpoint-of-contactto close the request. The incidentis only consideredclosed once it is successfullydeployedto productionand verified as being resolvedby the CLIENTpoint-of-contact.
CLIENTpoint-of-
contact
1. 5 Request Management
Avocette’ s request management services support the management of service requests. This includes requests for maintenance, enhancements or other operational non software) requests. The goal of Request Management is to keep track of all requests, allow prioritization of the requests, track time spent, and report on the status of each request. Service request may be raised to address all Priority 3, 4 and 5 incident remediation and resolutions.
1.5.1 Request Management Process
The following describes how Avocette will respond to a service request.
Figure 2: Procedure for Maintenance, Enhancement and Operational Requests Task Task Actor( s)
1. 1 The CLIENT point of contact creates the initial service request by documenting the specific request and sending this to the Avocette’ s Service Desk by sending an email. A template is used to document the Service Request.
This will be logged if not already initiated as a service request and assigned to the service delivery manager to assess.
CLIENT
application
point of
contact
1. 2 The Service Delivery Manager will coordinate the team to assess the Service Request, complete the request with impacts and estimates, and return the Avocette
Support Team
ServicePlus++ Support Services Agreement
8 Task Task Actor( s)
service request to CLIENT for approval. The development of the service request may involve collaboration between CLIENT and Avocette to ensure the requirements are understood and impacts accurately accounted for.
CLIENT will review and approve the Service Request. CLIENT
1. 3 The service delivery manager will then schedule the work to be completed based on the agreed timeline expectations in the service request.
Avocette
Support Team
1. 4 The service request is executed and the deliverables provided to CLIENT. Avocette Support Team
1. 5 CLIENT will review the deliverables and complete any necessary user acceptance testing before giving the approval to proceed to production or accept the deliverable.
CLIENT
Service Requests must be approved and signed by the CLIENT Contract Manager and Avocette’ s Client Manager before any work proceeds.
1. 6 Approach to Maintain Service Levels
Avocette will assign qualified and cross trained resources to the support of the Supported Application Components. The support team will include a primary and backup resource fully trained in the application as well as the support procedures necessary to adhere to CLIENT standards. The Service Delivery Manager will ensure that the backup resource is ready in the event that the primary resource is unavailable for any reason. The primary goal is to ensure that service levels are maintained regardless of the individual schedules of the support team.
In addition, the Avocette Service Desk is provided with primary and backup resource contact information and will be kept informed when the primary resource is unavailable.
Cross training of the backup resources will be provided as part of initial transition to support and will occur annually thereafter as a refresher.
Avocette will maintain a repository for information, materials and details pertaining to support of the Supported Application Components Knowledge Management). This will also include details on the specific CLIENT policies and procedures that will apply to this support service.
The Service Delivery Manager will ensure that there is adequate coverage during any absences or traditional vacation periods Christmas Holidays) and will also communicate any upcoming absences to CLIENT during the service level report meetings.
In the event of a disaster in the Avocette Offices, CLIENT will be notified immediately, provided direct contact phone numbers for the support team, and support resources will work from home.
ServicePlus++ Support Services Agreement
9 1. 7 Facilities and Equipment Requirements
CLIENT is not required to provide any permanent desk or office space. However, Avocette may require access to a drop in station at CLIENT from time to time during onsite visits. Avocette resources will require remote access into the CLIENT environment using a secure VPN or similar connection.
Support Team
Avocette’ s support team is comprised of the following roles and provides on going operation support for CLIENT’s Accela environment as follows:
Role Role Description
CLIENT Contract Manager/ Point of Contact The CLIENT will assign a CLIENT Contract Manager/ Point of Contact to be the primary contact for the Avocette Service Delivery Manager. Note that other roles may be assigned as required) The CLIENT Contract manager/ Point of Contact will:
1. Facilitate communications between Avocette and the
CLIENT to clarify incident/ service request particulars as needed)
2. Facilitate communications between Avocette and other CLIENT departments or technical areas in order to
diagnose and resolve the request
3. Arrange for User Acceptance Testing as required
4. Provide priorities and guidance to the Avocette support team for outstanding issues
5. Complete resolution details in the support tracking
system and closing the ticket
6. Attend monthly service level meetings
7. The following additional responsibilities are primarily related to Service Request Management:
8. Facilitate Authorization of work to proceed.
9. Manage communication with other application
stakeholders on implementation or significant changes
10. Facilitate approval of requirements and functional
specifications
Avocette Service Desk Support Analyst Avocette’ s Service Desk is staffed with Service Desk Support Analysts who are responsible for receiving and acting upon incidents reported by ServicePlus++ clients.
The Avocette Service Desk Support Analyst:
1. Responds to incidents from ServicePlus++ clients
submitted by email or phone.
2. Provides basic user support as required such as password resets and other user support issues.
3. Based on the priority of the incident takes appropriate action to respond to the incident by performing a warm
handoff.
ServicePlus++ Support Services Agreement
10 4. Provides regular updates for high priority incidents.
Avocette Account Manager An Avocette Account Manager is assigned to each ServicePlus++ client and will be the person responsible for ensuring Avocette meets its commitments under this
contract. The Client Account Manager is also responsible for approving service requests on behalf of Avocette.
The Avocette Account Manager will:
1. Be responsible for Avocette’ s commitments under the contract.
2. Be available when necessary to meet with the client to address issues and concerns.
3. Approve Service Requests in a timely manner.
Service Delivery Manager A Service Delivery Manager is assigned to each ServicePlus++ client and will be the primary contact for managing incident resolution and service requests. Avocette always assigns a backup Service Delivery Manager, typically the Subject
Matter Expert, to each account so that service disruptions are avoided in the case of the primary service delivery manager not being available.
The Service Delivery Manager will:
1. Be responsible for ensuring service levels are met for all reporting incidents and communicating status of incident resolution processes to stakeholders
2. Manage the delivery team and ensures support coverage is in place to meet or exceed all service levels
3. Ensure proper communication to CLIENT regarding
release scope and expected delivery schedule and status during the implementation process
4. Provide estimates for Service Requests and work with the CLIENT Contract Manager to set priorities
5. Work with the CLIENT Contract Manager to develop
release plans for Service Requests
6. Ensure all required authorizations have been provided prior to initiating work or conducting migrations
7. Be responsible for adjusting the release processes if necessary in order to improve quality, reliability,
timeliness or overall customer satisfaction with the
releases and documenting the revised processes
8. Ensure decisions, priorities and action items are properly documented and communicated to the team members
ServicePlus++ Support Services Agreement
11 9. Work with the CLIENT Contract Manager and the
Avocette Support Team to prioritize incident resolution and closure
10. Conduct regular team meetings involving release scope, scheduling and status
11. Reports regularly to the Avocette Account Manager
Subject Matter Experts Business Analyst A primary and secondary Subject Matter Expert is assigned to each ServicePlus++ client and is responsible for providing analysis of and recommendations for resolving incidents and providing analysis and design for service requests.
The Subject Matter Expert will:
1. Be responsible for understanding the business needs in relation to the application
2. Gather requirements for enhancements or service
requests
3. Document both as is” and to be” to enable technical
team members to effectively configure the application
4. Liaise with CLIENT staff to understand and document
reporting requirements
5. Work with CLIENT to understand business problems in
relation to the application
6. Works with the Avocette Service Delivery Manager to
effectively timetable and deliver business analysis tasks as part of releases or service requests
Database Administrator Avocette’ s core team also includes a Database Administrator.
The Database Administrator is not assigned to the team but is available as and when needed.
Assigned resources may hold one or more roles described above.
ServicePlus++ Support Services Agreement
A 1
Schedule “ B” – “ Projects”
Project Overview
The City of Cupertino is expanding their current Accela Civic Platform Implementation to include functionality which will track Licences as well as their applications and renewals.
Project Objectives
The purpose of this project will be to allow the City of Cupertino facilitate the application of Business Licences within the Accela Civic platform. The following are the major objectives:
A new Licensing module and associated records to streamline the licensing process.
The new system functionality will allow the City of Cupertino to process applications, maintain licenses and renewals in Accela.
Methodology Overview
The Licensing Module Implementation project will follow a waterfall approach and will be completed in six stages. The data conversion stage will run concurrently to the Analysis and Documentation and Build and QA stages.
Scope
The following section describes the high level scope for each stage of the project to meet the business objectives of City of Cupertino.
Stage Scope
Project Initiation Detailed planning and development of SOW and Project Plan, including approvals.
Analysis and
Documentation
Requirements analysis and documentation of system configuration design.
Build and QA Configuration, based on approved requirements and design and QA testing including test cases and remediation of defects.
Data Conversion Data conversion from New World Licensing system to Accela.
UAT and Remediation UAT including test cases and remediation of defects GO- Live Implementation readiness and final go- live
ServicePlus++ Support Services Agreement
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Project Timeline
Once Project Initiation is complete and the Project Charter is approved, the overall timeline to complete the project deliverables is approximately 6 months.
Phase 1 will have an approximate timeline of 6 weeks.
Stage Approximate Dates
Project Initiation Complete before SOW Sign Off
Analysis and Documentation June 7 – June 18
Build and QA June 21 – July 9
Data Conversion June 14 – July 9
UAT and Remediation July 12 – July 23
GO- Live July 23
Project Estimate
The Special Events project will be implemented as fixed price based on a blended rate of 130/ hour. The following estimation is based on assumptions and scope within this document, based on knowledge of complexity and scope at the time of signing. Both Avocette and City of Cupertino agree, there may be unforeseen challenges that can affect this estimate, and that adjustments may need to be made.
Avocette will monitor progress against estimates for deliverables and will consult the City of Cupertino to adjust if necessary. The City of Cupertino and Avocette agree that the if additional funds are required, Avocette will prepare and present a Change Request for additional funds based on a revised estimate to complete mutually agreed upon deliverables. The City of Cupertino will not unreasonably withhold or delay approval of such Change Requests. Avocette will communicate as early as possible, and as soon as it is known that a change request will be required.
Project Estimates Estimated Units Estimated Cost
Project Initiation - -
Analysis and Documentation 20 $ 2,600. 00
Build and QA 44 $ 5,720. 00
Data Conversion 40 $ 5,200. 00
UAT and Remediation 20 $ 2,600. 00
GO- Live 10 $ 1,300. 00
Project Management and Meetings 16 $ 2,080. 00
Total 150 $ 19, 500. 00
ServicePlus++ Support Services Agreement
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Deliverables
The following section describes the specific deliverables that will be executed to meet the business objectives and business requirements of the City of Cupertino. In support of the implementation effort as described above, Avocette will provide the following detailed implementation services. For each deliverable, a description is provided as well as criteria for acceptance of the deliverable.
Deliverable # Deliverable Name
1 Project Initiation
2 Analysis and Documentation
3 Build and QA
4 Data Conversion
5 UAT and Remediation
6 GO- Live
Project Management
Avocette’ s Project Manager will lead the project team to ensure all tasks are progressing according to the schedule. The Project Manager is empowered to make decisions on behalf of Avocette to best suit the needs of the City of Cupertino implementation and will work closely with the City of Cupertino Project Manager providing oversight to ensure synchronized execution of this agreement. Through the weekly status meetings, the Avocette Project Manager will coordinate with the City of Cupertino Project Manager to review and report on the following activities:
Status Reporting
Resource Management
Executive Project Oversight ( Avocette)
Deliverable 1: Project Initiation
The following key deliverable are completed and accepted in this stage:
Deliverable Name Description
Project Initiation Kick off the project and develop statement of work In terms of specific output, the following will be executed for this deliverable:
Statement of Work
Project Plan – to be completed by Cupertino
ServicePlus++ Support Services Agreement
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Deliverable 2: Analysis and Documentation
The following key deliverable are completed and accepted in this stage:
Deliverable Name Description
Analysis and Documents Requirements analysis and documentation of system configuration design.
In terms of specific output, the following will be executed for this deliverable:
Analysis data gathering activities including workshops and remote analysis sessions Analysis Documents
Acceptance Criteria:
Completion of Analysis Sessions
Delivery of Analysis documents resulting from analysis
Deliverable 3: Build and QA
Avocette will develop the solution in accordance with requirements established and documented in Deliverable 2: Analysis Sessions, Design and Documentation. Avocette will perform QA to ensure the implemented system aligns with the requirements outlined in Deliverable 2: Analysis Sessions, Design and Documentation.
Deliverable Name Description
Build and QA Build the solution and QA test of the system In terms of specific output, the following will be executed for this deliverable:
Completed Solution as detailed in the analysis documents QA Testing Results
Acceptance Criteria:
Demonstration of the solution
Approve the Solution is as detailed in the analysis documents Review and acceptance of QA Testing Results ( verification that the test results are within acceptable tolerances)
ServicePlus++ Support Services Agreement
A 5
Deliverable 4: Data Conversion
This deliverable is comprised of the development of data conversion scripts to import existing licensing data from the New World system into Accela and the running of the scripts. The deliverable includes two test runs. A final PRODUCTION run will be completed during Deliverable 6: Go Live.
Deliverable Name Description
Data Conversion Data conversion from New World Licensing system to Accela.
In terms of specific output, the following will be executed for this deliverable:
Two test imports of data into SUPP environment
Necessary remediation to prepare the data for PRODUCTION Acceptance Criteria:
Successful import of existing data into SUPP environment Sign off that the data conversion is complete and ready for PRODUCTION Deliverable 5: User Acceptance Testing and Remediation
This deliverable is comprised of the assistance Avocette will provide to allow the City of Cupertino resources to accept that the solution meets the requirements as documented. Avocette will assist the City of Cupertino in the testing and validation of the solution and its readiness to be released for Production.
Deliverable Name Description
User Acceptance Testing and
Remediation
Provide UAT support for the City of Cupertino and
remediate any issues found.
In terms of specific output, the following will be executed for this deliverable:
Resolution of issues resulting from User Acceptance Testing Fully tested system that is ready to move to production ServicePlus++ Support Services Agreement
A 6
Acceptance Criteria:
Completion of UAT
Sign off that the solution is complete and ready for PRODUCTION Deliverable 6: GO- Live and Support
Production Go Live date is defined as the official date in which the solution moves from the test environment to production for daily City of Cupertino usage. This date will be agreed to by both Avocette and the City of Cupertino at project inception. In the weeks prior to moving to Production, Avocette will assist in final system validation, staff preparation assistance and training, and coordination of deployment.
Deliverable Name Description
Go- Live and Support Provide pre deployment and go-live support to facilitate the implementation of the solution
In terms of specific output, the following will be executed for this deliverable:
Develop and deliver the Deployment Checklist
Transfer of configuration data from Non- Prod to Production Acceptance Criteria:
Execution of deployment from Non- Prod to Production
Production system is first used by the City of Cupertino for daily use ServicePlus++ Support Services Agreement
A 7
Appendix A: Definitions
The following definitions are used throughout this proposal:
Acknowledge Request” means an email from an Avocette representative that confirms that a request has been received.
Additional Support Services” means any additional work requested by CLIENT beyond the Base Support Services.
Additional Support Services Fees” means the monthly fee paid to the VENDOR for the delivery of Additional Support Services.
Approved Service Request” means a Service Request or a VENDOR Service Proposal for which the proposal and budget estimate provided by VENDOR has been approved by CLIENT and VENDOR has been instructed to proceed with delivery of the subject matter.
Base Support Services Fee” means the monthly fee paid to the VENDOR for the delivery of Base Support Services.
CLIENT Point of Contact” means the person in CLIENT responsible for managing the contract and approving all expenditures. This person is also the CLIENT reference of all administrative matters associated with this contract.
Contract Manager” means the Avocette Manager responsible for the delivery of Managed Services across multiple clients. The Service Delivery Manager reports to the Contract Manager. The Contract Manager is present at Monthly, Quarterly and Annual Service Level Review meetings with CLIENT.
Customer Support Center CSC)” means CLIENT’s first level helpdesk service if used. The Customer Support Center is responsible for declaring the initial priority of an Incident.
Incident” means an event that degrades or disrupts the normal operation of the application that is reported to the Service Desk and given a unique tracking number.
Incident Resolution Time” means the time to complete the permanent corrective solution resolve the root cause).
On call Hours” means those hours beyond the Standard Business Day. On call services are available on request by CLIENT with one day’ s notice.
Preapproved Expenses” means those expenses incurred by the VENDOR in the execution of this contract including travel and living expenses as preapproved by the CLIENT.
Priority” means the degree of impact that an incident has on CLIENT business areas and clients. The priorities are graded from 1 through 5 and agreed response and resolution times are based on these priorities in the form of a Service Level Agreement. The Priority definitions can be found in Section 2 Service Levels.
Services” means Base Support Services and Additional Support Services.
ServicePlus++ Support Services Agreement
A 8
Service Desk” means the service desk operated by the VENDOR providing a single point of contact and 2ndlevel support for all Services Incidents, and 1st level support for all Service Requests and Approved Service Requests for In Scope Servers and In Scope Applications.
Service Delivery Manager” means the Avocette resource responsible for ensuring CLIENT service levels are met and that CLIENT remains satisfied with the service being provided. The Service Delivery Manager manages the support team, ensures adequate coverage is in place, provides communication to CLIENT during incident recovery periods, and prepares the Service Level Reports. The Service Delivery Manager is present at Monthly, Quarterly and Annual Service Level review meetings at CLIENT.
Service Levels” means the operational performance required of, and guaranteed by, the VENDOR in the delivery of the Services, as set out in Section 2.
Service Management Reporting” means the design, generation and delivery by the VENDOR of reports and reporting sufficient to meet CLIENT’ s operational management requirements for the Services.
Service Request” means a formal request issued by CLIENT for maintenance upgrades, preventative maintenance) and enhancements.
Service Requests are developed by CLIENT and typically include the description of the requested service, scope, expected deliverables and timeline expectations. Avocette will provide estimates for Service Requests within 5 business days. All service requests are sent to the Avocette Service Desk and given a unique tracking number.
Standard Business Day” will be 7: 00 a. m. to 5: 00 p. m. Monday to Friday, not including Statutory Holidays.
Statutory Holidays” In the United States means New Year’ s day, Martin Luther King day, Presidents Day, Memorial day, Independence day, Columbus Day, Veteran’ s day, Thanksgiving day, Christmas day, Christmas day holiday and in Canada means New Year’ s Day, Family Day including Islander day, Louis Riel day, Viola Desmond day), Good Friday, Easter Monday, Victoria Day, Canada Day, Civic holiday including AB, BC, SK, ON, NB, NU), Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day.
Support Team” means the Avocette resources that are involved in the day to day support of the Supported Application Components.
Ticket” is a generic term for a unique tracking number that is generated by the Customer Service Centre or Avocette’ s service request management application.
Revised: April 30, 2020 – ServicesAgreements
1 ExhibitA-A – SHELTERIN PLACEANDSOCIALDISTANCINGREQUIREMENTS A. HealthLawsAcknowledged. It isacknowledgedthat Consultant’s/Contractor’s Contractor”) duty to complywith Laws, asdefinedin Section13of the Contract/Agreement Contract”), includesimmediatecomplianceby Contractorandits subcontractorswith the restrictionson travelandthe SocialDistancingRequirementssetforth in the mostrecenthealth order issuedby the Countyof SantaClaraHealthDepartmentin responseto the COVID-19 pandemic, andanysubsequentamendmentsor supersedingordersthereto (the “Health Order”), andanyother local, state, or federallawsthat havebeenor maybe enactedin responseto the COVID-19pandemic (collectively, “HealthLaws”).
B. HealthOrderCompliance. Contractorshallcomplywith anyrestrictionson travelandsocial distancingrequirementsin the HealthOrderwhenpreformingwork underthis Contract. If a scopeof work item, noticeto proceed, or work orderunderthis Contractspecifieswork that cannotbe performedin compliancewith the HealthOrderor other HealthLaws, Contractor shallrefrainfrom conductingthe work andimmediatelyinform the City.
C. Individualsat HighRiskof SevereIllness. Nothingin this Contractshallbe interpretedto requireanypersonat highriskof severeillnessfrom COVID-19to leavetheir residenceto performwork underthe Contract. Contractorwill inform the Cityif other arrangementsfor the work mustbe made, andCitywill do so, with no penaltyto Contractor, althoughContractorwill not becompensatedfor work performedby the Cityor third parties. Informationfrom the Centerfor DiseaseControl (“CDC”) on “highrisk” categoriesisavailableat the CDC'swebsiteat:
https:// www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D. HealthOrderRequirementsandBestPractices. Contractorwill immediatelyundertakeall appropriatemeasuresto ensurecompliancewith the SocialDistancingRequirementsin the HealthOrderby all individualsperformingwork underthis Contract, includingContractor'sor anysubcontractor'sworkers, employees, representatives, vendors, or suppliers (collectively, workers"), andshallmaintainthesemeasuresfor aslongasrequiredby the HealthOrderor other HealthLaws. Aslongasrequiredby the operativeHealthOrderor other HealthLaws, thesemeasuresshallinclude, but arenot limited to, the following:
1. Meetings/SiteAccess. Useelectronicalternativesto in personmeetings, e.g., conferencecalls, video-conferencing, etc., to the greatestextentpossible. Limitaccess to anyprojectsiteor anywork areato workerswho arenecessaryto performin-person work. Requirenon-essentialpersonnelto work from hometo the extentpossible. Avoid all non-essentialtravel.
2. Distancing. Whereworkersperformin-personwork at a projectsiteor a work area, prohibit workersfrom beinglessthan sixfeet apart, unlessandonlyto the extentthat would compromiseworkersafetyor violatesafetyLawsfor specificoperations. Prohibit handshakingor anyphysicalcontactamongworkers, with the soleandlimited exception Revised: April 30, 2020 – ServicesAgreements
2 of anyphysicalcontactrequiredfor workersafetyor to complywith safetyLaws.
Prohibitworkersfrom sharinga vehicle.
E. ChangedRequirements. It isunderstoodandacknowledgedthat circumstancespertainingto the COVID-19pandemicareevolvingrapidlyandthat newlocal, state, or federalrequirements maymodifythe requirementsunderthis Exhibit. Contractoragreesto work cooperativelywith the Cityto implementnew or changedrequirementsasquicklyaspossible.
F. Subcontracts. Contractorshallincludethe termsof this Exhibitin all subcontractsandrequire anyagents, subcontractors, or subconsultantsto complywith its provisions. 1229192.7
Exh. D-InsuranceRequirementsfor DesignProfessionals & ConsultantsContracts 1 Form UpdatedSept. 2019
Consultantshallprocurepriortocommencementof Servicesandmaintainfor thedurationof thecontract, at its own costandexpense, thefollowing insurancepoliciesandcoveragewith companiesdoingbusinessin CaliforniaandacceptabletoCity.
INSURANCEPOLICIES AND MINIMUMS REQUIRED
1. CommercialGeneralLiability (CGL) for bodily injury, propertydamage, personalinjury liability for premisesoperations, productsandcompletedoperations, contractualliability, andpersonaland advertisinginjury with limits nolessthan $2,000,000peroccurrence (ISOFormCG 0001). If a generalaggregatelimit applies, eitherthegeneralaggregatelimit shallapplyseparatelyto this project/location (ISO FormCG 2503 or 2504) or it shallbetwice therequiredoccurrencelimit. a. It shallbea requirementthatanyavailableinsuranceproceedsbroaderthanor in excessof the specifiedminimuminsurancecoveragerequirementsand/or limits shall be madeavailableto the AdditionalInsuredandshallbe (i) theminimumcoverage/limits specifiedin thisagreement; or (ii) the broadercoverageandmaximumlimits of coverageof anyinsurancepolicy, whicheverisgreater. b. AdditionalInsuredcoverageunderConsultant's policy shallbe "primaryandnon-contributory," will not seekcontributionfrom City’s insurance/self-insurance, andshallbeat leastasbroadasISO FormCG2010 (04/13).
c. Thelimits of insurancerequiredmaybesatisfiedby a combinationof primaryandumbrellaor excessinsurance, providedeachpolicycomplieswith therequirementssetforthin thisContract. Any umbrellaor excessinsuranceshallcontainor beendorsedto containa provisionthatsuchcoverage shallalsoapplyon a primarybasisfor thebenefitof City beforethe City’s own insuranceor self- insuranceshallbecalleduponto protectCity asanamedinsured.
2. AutomobileLiability: ISOCA 0001coveringanyauto (includingowned, hired, andnon-owned autos) with limits nolessthan $1,000,000peraccidentfor bodily injury andpropertydamage.
3. Workers’ Compensation: AsrequiredbytheStateof California, withStatutoryLimitsandEmployer’s Liability Insuranceof nolessthan $1,000,000peroccurrencefor bodilyinjuryordisease.
Notrequired. Consultanthasprovidedwrittenverificationof noemployees.
4. ProfessionalLiability for professionalacts, errors and omissions, as appropriateto Consultant’s profession, with limits nolessthan $2,000,000peroccurrenceor $2,000,000aggregate. If writtenona claimsmadeform:
a. TheRetroactiveDatemustbeshownandmustbebeforetheEffectiveDateof theContract. b. Insurancemustbemaintainedfor atleastfive (5) yearsaftercompletionof theServices. c. If coverageiscanceledornon-renewed, andnotreplacedwithanotherclaims-madepolicyformwith aRetroactiveDatepriortotheContractEffectiveDate, theConsultantmustpurchase “extended reporting” coveragefor aminimumof five (5) yearsaftercompletionof theServices.
OTHER INSURANCEPROVISIONS
Theaforementionedinsuranceshallbeendorsedandhaveall thefollowingconditionsandprovisions:
EXHIBIT D
InsuranceRequirements
DesignProfessionals & ConsultantsContracts
Exh. D-InsuranceRequirementsfor DesignProfessionals & ConsultantsContracts 2 Form UpdatedSept. 2019
AdditionalInsuredStatus
TheCity of Cupertino, its City Council, officers, officials, employees, agents, servantsandvolunteers AdditionalInsureds”) areto becoveredasadditionalinsuredsonConsultant’sCGLandautomobile liability policies. GeneralLiability coveragecanbeprovidedin theformof anendorsementto Consultant’s insurance (atleastasbroadasISOFormCG2010 (11/ 85) or bothCG2010andCG2037forms, if later editionsareused).
PrimaryCoverage
Coverageaffordedto City/AdditionalInsuredsshallbeprimaryinsurance. Any insuranceor self-insurance maintainedby City, its officers, officials, employees, or volunteersshallbeexcessof Consultant’s insurance andshallnotcontributeto it.
Noticeof Cancellation
Eachinsurancepolicyshallstatethatcoverageshallnotbecanceledorallowedto expire, exceptwith written noticeto City 30daysin advanceor 10daysin advanceif dueto non-paymentof premiums.
Waiverof Subrogation
Consultantwaivesanyright to subrogationagainstCity/AdditionalInsuredsfor recoveryof damagesto the extent said lossesare coveredby the insurancepolicies requiredherein. Specifically, the Workers’ Compensationpolicyshallbeendorsedwith awaiverof subrogationin favorof City for all workperformed by Consultant, its employees, agentsandsubconsultants. Thisprovisionappliesregardlessof whetheror not theCityhasreceivedawaiverof subrogationendorsementfromtheinsurer.
DeductiblesandSelf-InsuredRetentions
Anydeductibleorself-insuredretentionmustbedeclaredtoandapprovedbytheCity. At City’soption, either:
theinsurermustreduceor eliminatethedeductibleor self-insuredretentionsasrespectstheCity/Additional Insureds; or Consultantmustshowproof of ability to pay lossesandcostsrelatedinvestigations, claim administrationanddefenseexpenses. Thepolicyshallprovide, orbeendorsedtoprovide, thattheself-insured retentionmaybesatisfiedbyeithertheinsuredor theCity.
Acceptabilityof Insurers
Insurersmustbelicensedto dobusinessin Californiawith anA.M. BestRatingof A-VII, or better.
Verificationof Coverage
Consultantmustfurnishacceptableinsurancecertificatesandmandatoryendorsements (orcopiesof thepolicies effectingthecoveragerequiredbythisContract), andacopyof theDeclarationsandEndorsementPageof the CGLpolicylistingall policyendorsementsprior to commencementof theContract. City retainstherightto demandverificationof complianceatanytimeduringtheContractterm.
Subconsultants
Consultantshallrequireandverifythatall subconsultantsmaintaininsurancethatmeettherequirementsof thisContract, includingnamingtheCityasanadditionalinsuredonsubconsultant’sinsurancepolicies.
HigherInsuranceLimits
If Consultantmaintainsbroadercoverageand/orhigherlimitsthantheminimumsshownabove, Cityshallbe entitledto coveragefor thehigherinsurancelimits maintainedbyConsultant.
Adequacyof Coverage
City reservestherightto modifytheseinsurancerequirements/coveragebasedonthenatureof therisk, prior experience, insureror otherspecialcircumstances, with notlessthanninety (90) dayspriorwrittennotice.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DAYSWRITTENDATETHEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
PROFESSIONALLIABILITY
ACCOUNT MANAGER
NON- OWNED AUTOS
WILLIS CANADA INC., A WILLIS TOWERS WATSON COMPANY
DATE ( MM/ DD/ YY)
POLICY EXPIRATIONPOLICY EFFECTIVE
CANCELLATION
INSRLTR
ACORD CORPORATION 1988ACORD 25 ( 2001/ 08)
INSURER A:
COVERAGES
CERTIFICATE HOLDER
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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER LIMITS
PRODUCER
INSURED
GENERAL AGGREGATE
EL EACH ACCIDENT
EL DISEASE - POLICY LIMIT
EL DISEASE - EA EMPLOYEE
BODILY INJURY
EACH OCCURRENCE
AGGREGATE
COMBINED SINGLE LIMIT
PROPERTY DAMAGE
PRODUCTS - COMP/ OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
DAMAGE TO RENTED
MED EXP ( Any one person)
AUTO ONLY - EA ACCIDENT
OTHER THAN
AGG
WC STATU-
TORY LIMITS
OTH-
ER
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
GENERAL LIABILITY
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON- OWNED AUTOS
OCCUR
DEDUCTIBLE
EXCESS/ UMBRELLA LIABILITY
WORKER' S COMPENSATION AND
OCCUR
COMMERCIAL GENERAL LIABILITY
GEN' L AGGREGATE LIMIT APPLIES PER:
CLAIMS MADE
ANY AUTO
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
If yes, describe under
GARAGE LIABILITY
DATE ( MM/ DD/ YY) DATE ( MM/ DD/ YY)
AUTHORIZED REPRESENTATIVE
INSURER B:
INSURER C:
INSURER D:
INSURER E:
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
INSURERS AFFORDING COVERAGE NAIC#
ADD'
LINSRD
POLICY LOC
PRO-
JECT
CLAIMS MADE
RETENTION $
SPECIAL PROVISIONS below
OTHER
PREMISES ( Ea occurence)
Ea accident)
Per person)
BODILY INJURY
Per accident)
Per accident)
AUTO ONLY:
EA ACC
ACORDTM
MPR 2755219
HIRED AUTOS $ 75, 000
09/ 30/ 2020
09/ 30/ 20
THECITYOF CUPERTINO, ITSCITYCOUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, SERVANTSANDVOLUNTEERSAREINCLUDEDASADDITIONAL
INSURED(S) ASRESPECTSTOLIABILITYCOVERAGE(S) WHENREQUIREDBYWRITTENCONTRACT, SUBJECTTOPOLICYTERMS & CONDITIONS, ASPERTAINS TOTHEOPERATIONSOF THEINSURED. ASPERATTACHMENT (PAGE2)
09/ 30/ 21
WILLIS CANADAINC., A WILLISTOWERSWATSONCOMPANY
2650 - 666BURRARDSTREET
VANCOUVER, BC V6C2X8
PLP 2878253 09/ 30/ 20 09/ 30/ 21 $ 2,000,000 PERCLAIM
2,000,000PERAGGREGATE
A
AVOCETTE TECHNOLOGIES INC.
2ND FLOOR - 422 SIXTH STREET
NEW WESTMINSTER, BC V3L 3B2
MPR 2755219
INCLUDINGCONTINGENT
EMPLOYER’S LIABILITY)
09/ 30/ 20 09/ 30/ 21
4,000, 000
1,000, 000
4,000, 000
4,000, 000
X
X
X
X
X
30 THECITYOFCUPERTINO
10300TORREAVE.
CUPERTINOCA 95014
A
A
CONTINENTAL CASUALTY COMPANY
CERTIFICATE OF LIABILITY INSURANCE
119421Serial #
MPR 2755219 Issued on November 27, 2019 Page 1
Change Endorsement
Named Insured: Avocette Technologies Inc.
Policy Period: From: September 30, 2019 To: September 30, 2020 Policy Number: MPR 2755219
Endorsement Type: Change Endorsement
Endorsement Number: 1
Endorsement Effective Date: October 24, 2019
This endorsement changes the policy, please read it carefully.
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage
It is agreed that the following item( s) on the Additional Insured Schedule ha ve been added as outlined below:
Additional Insured Schedule
Description Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers, 10300 Torre Avenue Cupertino, CA 95014 USA
But only with respect to
liability arising out of the
operations performed by or
on behalf of the Named
Insured.
New
It is further agreed that the following Waiver of Subrogation – Designated Person( s) or Organization forming part of Commercial General Liability coverage is added to the policy as outlined attached.
All other terms and conditions remain unchanged.
MPR 2755219 Issued on November 27, 2019 Page 2
Endorsement
Named Insured: Avocette Technologies Inc.
Policy Period: From: September 30, 2019 To: September 30, 2020 Policy Number: MPR 2755219
Endorsement Title / Reference: Waiver of Subrogation - Designated Person( s) or Organization Endorsement Type: Condition
Endorsement Number: CGL- CM 00- 096 CE 103118
Endorsement Effective Date: October 24, 2019
The following clause forms part of the ‘Common Policy Terms and Conditions’, solely in connection with the ‘Commercial General Liability Coverage Section’ to this Policy.
Waiver of Subrogation - Designated Person( s) or Organization In the event of any payment under this Policy, the Insurer shall waive their rights of recovery against any person( s) shown in the Schedule below where such waiver has been included as pa rt of a contractual undertaking by the Insured, but this waiver shall apply only in respect to the specific contract ente tred into prior to the date of Loss, existing between the Insured and such person( s), and will not be construed to be a waiver in respec t to other operations of such person( s) in which the Insured has no contractual interest.
SCHEDULE
Name of Person( s) or Organization:
All other terms and conditions not otherwise modified by this endorsement remain unchanged.
Paula Hardie, BA, CIP, CAIB
Account Manager
2650 – 666 Burrard St.
Vancouver, BC V6C 2X8
Canada
D + 604. 605. 3654
E paula. hardie@willistowerswatson. com
W willistowerswatson. com
September 30, 2020
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To Whom It May Concern:
Subject: Avocette Technologies Inc.
Willis Towers Watson is the insurance broker for Avocette Technologies Inc. ( Avocette). This letter is to confirm that Avocette has Contingent Employers Liability insurance under their Commercial General Liability as evidenced on the attached certificate. In British Columbia, Canada, Primary Worker’ s Compensation insurance, including Employers Liability, is provided by the Provincial WorkSafe BC Program. The Contingent Employers Liability coverage will provide coverage for any employee who is ineligible for the WorkSafe BC coverage. Avocette does not have any US employees and, as such, is not required to purchase US Worker’ s Compensation insurance.
We can also confirm that the Endorsement adding the City of Cupertino as Additional Insured under Avocette’ s 2020- 2021 Commercial General Liability coverage is in the process of being issued by their insurance carrier and will be forwarded upon receipt. In the meantime, we have attached a copy of the Endorsement from the 2019- 2020 policy, which is being renewed on the same basis.
Should you have any questions please do not hesitate to contact the undersigned.
Sincerely,
Paula Hardie, BA, CIP, CAIB
Account Manager
AccelaConsultingServices
Final Audit Report 2021-07-12
Created: 2021-06-30
By: City of Cupertino ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAGFnyn-CHujGX8DJ4nYrRY4gIuM9IKe8W AccelaConsultingServices" History
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