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AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND CITY TECH SOLUTIONS.
THIS AGREEMENT FOR PROJECT SERVICES (this "Agreement”) is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and CITY TECH SOLUTIONS, a division of Charles Abbott Associates, Inc., a California corporation (“Contractor" or “Consultant”).
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be performed by City are set forth in Exhibit "A”.
B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
C. Compensation. City agrees to pay Contractor for work performed in accordance with Exhibit "C”.
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GENERAL PROVISIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Contractor shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Contractor shall prepare check prints upon request. Said plans, drawings, - 2 -
reports, calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any other project without Contractor's consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the direction of Contractor for Contractor's own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement. Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit "C”, the City in its sole discretion may, upon notice to Contractor, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Contractor's completion of performance of this Agreement. Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Contractor.
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8. Additional Assistance. If this Agreement requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.
Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession.
10. Business License. Contractor shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. In the event of any such termination, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor’s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise - 4 -
violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor's breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
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15. Insurance. Contractor shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws.
18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the services which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor’s assets occurs, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion.
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20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Contractor.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement. - 7 -
30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Contractor acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of thirty (30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit "C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 21st day of March, 2023.
CITY OF REDONDO BEACH CITY TECH SOLUTIONS, A DIVISION OF CHARLES ABBOTT ASSOCIATES, INC.
___________________________ By: _______________________ William C. Brand, Mayor Name:_______________________
Title: _______________________
ATTEST: APPROVED:
____________________________ _____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
______________________________
Michael W. Webb, City Attorney
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EXHIBIT "A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
CONTRACTOR’S DUTIES
Contractor shall perform the following duties.
CityTech Solutions (CTS), a division of Charles Abbott Associates, Inc. (CAA) shall provide CityTech Permits Pro Software, titled “Permits”, to the City of Redondo Beach. The provided software solution is a cloud-based hosted database that allows the City to collect, store and report all permit activity, 24-hours a day and 7-days a week.
First, CityTech Permits is designed to enhance the work of any permitting department, as well as any other supporting
departments. A few features of Permits include:
• A robust permit system that is built specifically for fast and thorough processing of plan checks and permits to provide a great user experience and even better customer experience.
• A breadth of features including Google Map integration, easy search capabilities and the ability to duplicate permits quickly for repeat customers. • Plan check tracking that allows all departments to view the status of projects and/or participate in the entire plan check process.
• Integration with industry leading PDF markup app, Bluebeam Revu. Includes unlimited document storage.
• Plan check assignments that give the Permit Techs or Plan Check Supervisor the ability to assign plan reviews to the appropriate Plan Checkers from any department. • An Approvals process that assures City users cannot issue or final a permit record until all chosen Departments have signed off.
• An online Permit Center for Contractors, Homeowners and Architects to submit and facilitate the entire plan check process online.
• The ability for Contractors to login to their own account and request inspections through the online Permit Center up to a month in advance. • The ability to connect the City’s credit card processor to the online Permit Center for faster processing of plan check submittals.
• A Digital Queuing system that allows customers the ability to check-in at the front counter via an iPad kiosk and fill out a permit application for faster permit issuance.
• A digital shopping cart for accurately applying fees to a plan check or permit.
• Various features for inspectors to manage their daily inspections, from drag and drop sortable inspection run lists to printable run - 10 -
lists to share with the entire Department.
• An inspector mobile solution via an Apple iPad that allows an inspector to input corrections for an inspection, take an unlimited number of photos and email a digital correction notice to the contacts on a permit.
• GIS integration with built-in maps that includes all of the City’s property data and property owner information.
• Various reports for monthly and annual reporting of permits, plan checks and inspections. And two custom California reports to help facilitate the reporting of SMIP and CBSC fees to the state.
• A Dashboard with charts and graphs that reports various permit, permit fee and inspection metrics.
Next CTS shall provide CityTech Public Works Suite of apps. The provided software solution shall include:
• A cloud-based permit database to issue and
track various permit data, including right of
way permits and transportation permits.
• Invoicing and billing features are included to charge customers for over-the-counter permits, or invoice franchise customers who are allowed to pay in monthly intervals. • Capital Improvement Projects module for the City’s Public Works inspector(s) to document all construction within the City.
• iPad access for City inspectors to check permits, document all daily inspections, write corrections, and take an unlimited number of photos.
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IMPLEMENTATION
The following are proposed phases for implementation of the project. CityTech agrees to perform the following duties in each of the phases.
PHASE DESCRIPTION
1 Project planning, analysis and kick-off meeting.
Start March 30, 2023
- Obtain first export of all existing permit data
- Collect fee schedules and all user info
- Analyze existing workflows for Building, Planning and Public Works - Schedule kick-off meeting
2 Begin programming for data import, setup and systems integration Start April 10, 2023
- Install permit system and begin configuration
- Study exported data and report any issues
- Continued analysis of department workflows
3 Complete permit configuration
Start May 22, 2023
- Open permit system for some user testing
- Begin installation and configuration of public portal - Begin kiosk installation
4 Perform testing, quality assurance and quality control Start June 26, 2023
- Meet with each department to discuss QA/QC. Obtain feedback. - Run permit tests for all participating departments
- Schedule training for all departments
- Begin Bluebeam Studio (cloud) and Bluebeam Revu user installs 5 Go Live with permit system and kiosk only
Start Tuesday, August 21, 2023
- Final tests on public portal
- Run tests through public portal with payment and obtain Finance Department approval for going live.
- Schedule training for Bluebeam and public portal
6 Go Live with public portal – Monday, September 5, 2023 Grand Total First Year $109,600*
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CityTech annual software subscription for all modules in each addition year, including: tech support, updates,
hosting and storage.
$72,600*
*Breakdown of fee detailed below in Cost section
CityTech uses a project collaboration app called BaseCamp to implement all CityTech permit systems and related modules. CityTech shall create a project area dedicated to Redondo Beach and invite all appropriate City users to collaborate on the data collection and installation. The project area shall detail all tasks, communication, and deadlines for everyone to view and work together on. The entirety of this implementation being completed on time depends on CityTech finishing tasks in a timely manner as well as obtaining information from the City.
Should delays be incurred from either CityTech or City, the project timeline may need to change and together CityTech shall adjust accordingly.
Summary of Terms
1. Payments: “One-Time” costs, as detailed in Exhibit C: Compensation, are due at contract execution:
a. Remaining First Year balance due at Go Live
b. The Go Live date of public portal in Phase 6 shall become the annual renewal date
c. A 2% increase shall be applied each year to the annual subscription, starting at year 4.
2. Storage for all plan and permit documents is unlimited.
3. Any custom programming can be performed for $160/hour or by proposal.
4. Annual costs include a maximum of 15 data-entry users. Read-only City users are unlimited and provided at no charge.
5. Bluebeam user licenses are not included in this agreement and are purchased from a 3rd party software vendor at the City’s expense.
6. Bluebeam Studio cloud solution shall be provided and implemented by CityTech.
7. Annual subscription for all Public Works modules shall increase by $3,000 each, if modules are purchased individually without the Permits module.
8. No pro-rated refund provided if contract terminated in any part of the year.
9. Both parties must agree in writing to any changes, additions, or deletions to this Scope of Work.
10. City understands that the project completion date is highly dependent on their timely communication with CityTech. The City also agrees and understands that:
a. The primary communication tool for this project and future tech support is the CityTech project found in the BaseCamp app.
b. During the project, the City shall respond to CityTech inquiries within 48 hours of the request to avoid any delay in the project phases.
c. City understands that project timelines will be delayed if they do not respond to CityTech inquiries in a timely manner.
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11. CityTech shall provide an update to the permit system at a minimum of every two years.
This assumes the City agrees to 4 consecutive years of the annual software subscription.
12. The City owns all data in the permit system. CityTech acknowledges that any data generated by the City or CityTech staff during operations is the property of the City. If this agreement should be terminated, the data shall be made available to the City in a format acceptable to both parties. Additionally, all plan documents or other permit related documents, residing in the permit system shall be made available to the City for download.
13. Every effort shall be made by CityTech to migrate old permit data. However, if some permit records and related data are found to be irrelevant, corrupt or non-conforming, CityTech shall communicate this with the City and present findings.
14. After data import, the City shall be responsible for any additional data or context cleanup.
15. The number of PDF files submitted through the public portal shall be unlimited.
However, file size for each PDF file shall be limited to a maximum of 100 Mb for each file. The City and/or CityTech can upload files in the permit system larger than 100 Mb for the customers of larger projects, such as hotels, parking structures or multi-story multi-family residential projects, if warranted.
16. The City shall provide and maintain all compatible hardware and software for the CityTech Pro modules to operate, including iPads and cellular service for the Inspectors in the field. Recommended specifications for Browser, Bluebeam and iPad requirements can be found in the Network Environment section
SERVICE LEVELS
One of CityTech’s core beliefs is that superior customer service should be provided with the utmost quality and care, to the best of CityTech’s abilities. Because of that belief, CityTech strives to bring a personal level of customer service and care to every one of CityTech’s clients.
The object is to detail the service levels for both CityTech and City so that all issues can be handled in an expeditious and prioritized manner.
Objectives
With any service there are the parties that provide the service and the parties that receive and use the service. The purpose of establishing clear service level objectives is:
1. To create a clear understanding of the level of service that shall be provided by CityTech to the City user and to the Customer user.
2. To document the responsibilities of all parties taking part.
3. To ensure the City receives superior service for all City users and Customer users.
4. To define the service to be delivered by CityTech and the level of service which can be expected by the City, thereby reducing the risk of misunderstandings.
5. To detail via a question list, information that CityTech requires the City to gather prior to CityTech involvement.
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RESPON SE TIMES
Overview
Establishing responsibilities for the resolution of any CityTech app or customer portal related issues or queries, encountered by City user or Customer users is of utmost important to resolving problems. Specific responsibilities of the City are as follows:
1. Establishing a main point of contact during City business hours.
2. Extracting information from the City user and/or Customer user as per the specific Service Questionnaire provide by CityTech.
3. Timely referral of the issues to CityTech
Response Times
The Service Level table below details the priority assigned to issues according to the perceived importance of the reported situation. The priority assignment and support levels show the initial response to the City and included definitions of the perceived importance are defined as well. The City does agree and understand that, in rare cases, response time may be delayed due to an overabundance of tech support requests on the part of the City or other CityTech customers, as a result of natural disasters, acts of God, etc.
Response Times and Service Levels Table
Crisis Urgent Critical Normal Request For
Service
Priority Immediate Urgent High Normal Normal
Time for
Response
< 1 Hour 1 Hour 4-6 Hours 24 Hours Dependent
upon request
Report
Method
CityTech
Phone Support
800-605-3980
CityTech
Phone Support
800-605-3980
Slack Channel
CityTech
Slack Channel
BaseCamp
Task Manager
CityTech
Slack Channel
BaseCamp
Task Manager
CityTech
BaseCamp
Task Manager
Email
Service Level Definitions
Crisis
• Crisis issues are when app is completely inoperable. In this case City should call CityTech tech support team immediately at 800-605-3980 or ping for support on CityTech’s Slack Channel.
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• Example(s) include: Entire app is not accessible or inoperable from multiple devices/browsers.
Urgent
• Urgent issues are when app is partially inoperable. These requests can be submitted called in to Citytech’s tech support team at 800-605-3980, or ping for support on CityTech’s Slack Channel.
• Example(s) include: Partial potion of website not accessible or inoperable from multiple devices/browsers
Critical
• Critical issues are when the app is operational, but one or more core functions of the system is not operating as would be expected. These requests can be submitted via CityTech’s Slack channel or posted to the City’s assigned project in the BaseCamp task app.
• Example(s) include: How-To questions, perceived slow load times, data not appearing on pages and forms as intended.
Normal
• Normal issues are when the app is functioning normally, and the regular course of work is not impacted, but there are general questions that need answering. These requests can be submitted via CityTech’s Slack channel or posted to the City’s assigned project in the BaseCamp task app.
• Example(s) include: Technical support about anything from basic functionality to creating reports, perform more complicated search functions or just ask general questions about the app.
Request For Service
• Requests for service are for CityTech to receive any feature need, feature desired or new upcoming required feature request. The annual maintenance agreement includes requests for service that the City may or may not be able to complete within the system themselves. These types of requests include, performing annual fee updates, creation of a custom report unique to the City, and general app updates. CityTech shall add in these services with no charge up to a level of reasonability beyond what is included in the contract. These requests should be submitted to CityTech via email or the City’s dedicated project in the BaseCamp app. If the request is evaluated and it can be done at no cost, then CityTech shall complete the request as requested. If it is determined that CityTech needs to charge a fee for the feature request, then CityTech shall provide a quote for the City to consider.
Priority Level Response/Resolutions Times
The above Response Times and Service Levels Table shows the required initial response times per the individual priority rating. All times indicated represent telephone response times - 16 -
during work hours of 8am to 9pm Eastern Standard Time (EST), Monday through Friday, unless otherwise indicated in this document, or otherwise agreed upon by City and CityTech.
The indicated response time represents the maximum delay between an issue/request being reported to CityTech and a CityTech representative contacting the City by phone or through Slack, BaseCamp or email. The purpose of this contact is to notify the City of the receipt of the issue/request from the City and provide the City with details of the proposed action that shall be taken in respect of the particular issue/request.
Due to the nature and variety of issues that could be reported by the City, resolution times vary dependent upon the issue itself. It is not uncommon for a perceived “quick fix” to take multiple working days, or a perceived long-term request to be completed in a matter of hours. When possible, CityTech shall provide an estimated time of resolution from the initial report from the City. If, after further investigation, CityTech determines the expected time to significantly change, CityTech shall contact the City to discuss the details and new suspected timeframe.
Priority Assignment Criteria
If the City needs to submit an issue to CityTech, the following information is to be provided by the City to CityTech for a timely response:
1. Complete description of the issue.
2. Time estimate of when the City or Customer started experiencing the issue.
3. The app module where the issue was encountered, and what user encountered the issue.
CITYTECH SOLUTIONS R ESPONSIBILITIES
Overview
CityTech Solutions is a municipal permitting solution providing maintenance service and support to the City.
Hours of Operation
CityTech shall be available to provide support functions between the hours of 8am to 9pm EST, Monday through Friday, public holidays excepted, unless alternate arrangements have been agreed to by the City. The CityTech Slack Channel is monitored 6am to 12pm EST and BaseCamp project management app are monitored 24 hours per day. Beyond 8am and 9pm EST, CityTech does not guarantee response times. However, CityTech does reserve the right to respond to requests outside of these hours.
Response Times and Service Levels
CityTech shall accept the priority assigned to an issue by the City per the Response Times and Service Levels Table. CityTech shall respond within the time specified by the priority allocation. - 17 -
CityTech App Availability
CityTech hosts most of CityTech software services on the cloud with Amazon Web Services (AWS) and Microsoft Azure, in their highly secure datacenters. Servers used by CityTech are servers protected by Amazon and Microsoft’s world-class firewalls. Other supporting apps that CityTech utilizes, such as Bluebeam Revu, are also hosted with AWS.
CityTech guarantees 99% uptime for all provided apps. Unless there are unforeseen circumstances, CityTech only performs regular Windows Server maintenance over weekend periods, so that CityTech’s routine maintenance causes minimal disruption to the City’s weekly services.
Security Features
Security of CityTech apps is CityTech’s highest priority. In utilizing AWS and Microsoft Azure, CityTech benefits from a data center and network architecture built to meet the requirements of the most security-sensitive organizations. By taking advantage of AWS and Azure, CityTech not only inherits all their best practices and policies, architecture, and operational processes, but also benefits from their continual auditing by various accredited testing bodies.
Additionally, here are some of the security features that CityTech system includes:
• Single-Tenant Solution. All CityTech apps are single-tenant and not multi-tenant solutions, so CityTech client’s permit data is not co-mingled with other cities data. • Symantec Cloud Endpoint. All detection and protection of inbound threats is provided by Symantec to safeguard all CityTech client’s data.
• SSL Certificates. Web site protection against malware and other automated attacks triggered by automation.
• Encryption at REST. Even if CityTech client’s data falls into the wrong hands, it shall always be unusable without an encryption key to decode it.
Data Backup
CityTech data backup routine is comprehensive, and CityTech servers automatically create file backups on this schedule:
1. Incremental 10-minute rolling backups of all City data (maximum of 3 kept)
2. Hourly backups of all City data
3. Nightly backups of all City data (maximum of 2 weeks kept)
4. Monthly archives of all City data
Browser and iOS Support
CityTech shall work with the City to ensure that any software used to run the CityTech apps from a browser or mobile device, meets the specifications of the software.
Browsers Specifications: The software can be run on most modern browsers. Here the browser specifications that CityTech supports.
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Desktop browsers Mobile browsers
Safari 13.x minimum
Chrome 80 minimum
Microsoft Edge 44
New Microsoft Edge 80
Mobile Safari on iOS 13 minimum
Chrome 80 minimum on Android 7.x minimum
iOS Specifications: iOS devices provide the best user experience for City personnel in the field.
CityTech utilized Claris FileMaker Go (FMGo), which is a free iOS app that can be downloaded from the iTunes App Store. The latest version of the FMGo app is compatible with iOS devices running iOS 15 minimum, when running on the following devices: iPad (10th generation), iPad (9h generation), and iPad (8th generation).
CITYTECH LICENSES
As part of this agreement, CityTech Solutions shall provide the City a full CityTech Permits Pro software license. This software is proprietary software built and maintained by CityTech Solutions and is intended to allow the City to easily perform the permitting duties within a Community Development Department. The City agrees that this license shall only be used to perform such permitting duties included in this agreement. Sharing of the content of the CityTech Permit Pro system with other entities not identified in this agreement, or not previously arranged, is prohibited.
CityTech shall maintain, update, and host the CityTech Permits Pro software during the contract period. In the event that the contract is terminated, CityTech shall provide all data and related files to the City.
Products Provided to City include:
1. CityTech Permits Pro App
a. Includes Customer Portal web site and Inspection Module
2. BB Studio Prime
*Individual Bluebeam Revu user licenses to be purchased by the City
3. Public Works Apps – Encroachment, Transportation and CIP modules
4. CityTech Queue App
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EXHIBIT "B"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence March 21, 2023 and expire March 20, 2026 (“Term”), unless otherwise terminated as herein provided. Two additional one (1) year extensions may be exercised by the parties by providing written notice to the other party 60 days prior to the end of the then current term. In no event shall the term exceed five years from the commencement date.
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EXHIBIT "C"
COMPENSATION
Provided CityTech is not in default under this Agreement, CityTech shall be compensated as provided below.
1. AMOUNT. First-year costs inclusive of implementation and application integrations total $109,600 with 2nd Year Maintenance Fee of $72,600.
2. ANNUAL MAINTENANCE. As shown in the Payment Schedule below, starting in year 4, the annual maintenance will increase by 2% each year.
PAYMENT SCHEDULE
Payment Amount Payment Date Includes
$37,000 At Phase 2 Completion One-Time Costs – 1st Year Only $72,600 Upon Completion of Phase 6 Balance Cost of 1st Year Total $72,600 [Year Date After Go Live] Year 2 of Annual Maintenance $72,600 [Year Date After 2nd Year] Year 3 of Annual Maintenance $74,052 [Year Date After 3rd Year] Year 4 of Annual Maintenance $75,533.04 [Year Date After 4th Year] Year 5 of Annual Maintenance
COST BREAKDOWN
Permits Pro App Units One-Time
Cost
Annual Costs
Permits Pro Annual Subscription
• Permits Module
• Customer Online Portal
• Hosting/Maintenance/Support
15 users
Additional
10 users
$47,000
$9,600
BB Studio Prime Annual Subscription 1 $3,000
Permits Pro One-Time Setup 1 $6,500
Permit Data Import $10,000
Integration with Tyler Cashiering $5,000
Public Works Apps One-Time Setup
• Encroachment Module
• Transportation Module
•
$3,750
Encroachment Module Annual Subscription $4,500
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Transportation Module Annual
Subscription
$4,500
Kiosks with Permits Queue app
• Queue Module
• Two kiosk enclosures & 12.9” iPads
• Artwork and accessories for the kiosk are
included in the one-time cost
3 $11,750 $4,000
Sub-Totals $37,000 $72,600
Totals 1st Year $109,600
Totals 2nd Year $72,600
3. METHOD OF PAYMENT. CityTech shall provide invoices indicating the services provided and performed during the prior year. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up material upon request.
4. SCHEDULE OF PAYMENT. The above listed 1st Year Costs shall be invoiced in accordance with the following milestones:
a. One-Time Costs of 1st year upon contract execution
b. Balance of 1st Year Costs upon complete of Phase 6.
c. For subsequent annual maintenance periods, the Payment Amounts shall be payable in advance of renewal date.
5. NOTICE. Written notices to the City and CityTech shall be sent by registered or certified mail and addressed to or personally served to the following parties:
CityTech: Mark Abbott
Director of CityTech Solutions
Charles Abbott Associates, Inc., dba CityTech Solutions 27201 Puerta Real, Suite 200
Mission Viejo, CA 92691
(949) 367-2850
City: Luke Smude
Assistant to the City Manager
City of Redondo Beach
415 Diamond St.
Redondo Beach, CA 90277
(310) 918-0695
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. - 22 -
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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EXHIBIT “D”
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by regular U.S. mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
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Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.