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5.P.a
Packet Pg. 715 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda n
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City of Santa Monica, CA
M2 Suite Implementation
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5.P.a
Packet Pg. 716 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Carahsoft' s to the of Santa Monica
The Bidder must provide detailed costs for the system delineating any configuration, setup, and implementation costs from system usage costs. The City prefers a plan that offers unlimited utilization of the system.
IQM2 is offering the City of Santa Monica, California its special No-Risk Model. • No Upfront Costs
• Training and Implementation included
• Unlimited Users and Meeting Groups
• Unlimited Storage
• 24/7 Support by IQM2 Software Experts
• Unlimited Access to the IQM2 Training Academy, including live on-ongoing weekly training sessions conducted by IQM2 software experts. Additionally the City of Santa Monica can request their specific topics and areas for IQM2 to conduct special training, including new user training, specific topic training; new elected official training, etc ... • City can stop at any time if they do not see the returns IQM2 is confident in offering the optimal Legislative Management solution for the City of Santa Monica.
Furthermore, this places the responsibility fully on us to ensure the City's satisfaction and success each and every day.
The vendor must provide a detailed itemized cost breakdown of the following categories:
1. Software licensing and annual renewals
The cost for Minute Traq, which is the component of the platform that these requirements are specifying, is very simple and straightforward. Due to the special No Risk model IQM2 is offering the City of Santa Monica, the cost for MinuteTraq is $1,377.85 per month. All upfront costs have been waived and there are no hidden or ancillary fees. This includes full formal training and implementation as well as ongoing 24/7 support.
Important Note: IQM2 will also incent the City of Santa Monica to migrate their current video streaming program currently being furnished by another provider and use IQM2's innovative MediaTraq tools by reducing the current video streaming costs by 50%. These saving could now be used to help substantially fund this initiative. IQM2 will also migrate historical documents and videos for free. This has proved extremely fiscally rewarding for the few governments we offered this to.
2. Professional services for installation/configuration, travel costs to be included There are no costs for professional services for installation/configuration. Travel will be billed at cost.
carahsoft
5.P.a
Packet Pg. 717 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft's to the of Santa Monica
3. On-site training ( specify costs for system administrator training and end-user training) There is no cost for on-site training (excluding travel costs) if necessary. IQM2's business goal is swift user adoption to drive a long term relationship and its intent is not to focus on frontend professional services revenue that causes complacency. IQM2 often hears from migrated governments that they were particularly frustrated with the upfront license and start 0 up costs they were required to pay and which never materialized into what they were promised. This is the same reason IQM2 offers monthly terms which we fill price fix for a period of time, if desired.
4. Rates for additional trainings
There will be no cost for additional trainings. IQM2 is providing the City of Santa Monica access to the IQM2 Training Academy for unlimited free on-going training. This is staffed by IQM2 software experts and the City of Santa Monica can request the training topics they desire at their discretion.
5. Fee schedules for trainers and hourly rates for customization of product This does not apply to IQM2's pricing model.
6. Annual service and maintenance for five years
The standard fee of $1,377.85 per month will be the cost per month for five years.
7. All other miscellaneous costs not listed above
There are no miscellaneous costs for the proposed solution.
The City reserves the right to select any or all of the components above, or that are included in the proposal.
carahsoft IQlY12
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5.P.a
Packet Pg. 718 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) of Santa Monica
REN
The following outline is a record of the bidder's relevant experience in work of a type similar in magnitude and character to that contemplated under this request for proposals. Please submit at least three (3) references for whom you have provided similar services in size and nature. Additional numbered pages outlining this portion of the proposal may be attached to this page.
Please see below for IQM2 references.
carahsoft
C:pn,t~ct'.s .. ·
Name/Title
Address
Phone
22795 Barton RcL . . . . GrandTerrace,CA923j3
:21
5.P.a
Packet Pg. 719 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s of Santa Monica
ca rah soft
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Packet Pg. 720 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to the of Santa Monica
EQUIPM NT S ECIFI NS
If the Bidder proposes a system that includes or requires any on -premise hardware, the Bidder must provide detailed specifications of all of the equipment listed in their proposal. The Bidder must include cut sheets of all equipment proposed.
This section is not applicable to IQM2's proposed system. carahsoft
5.P.a
Packet Pg. 721 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to the of Santo Monica
IN SUMMARY
Carahsoft and IQM2 Inc. appreciate the opportunity to offer this solution for the City of Santa Monica's initiative.
Carahsoft and IQM2 have proposed a superior and cost-effective solution that not only fully complies with the City's requirements but offers functionality to further boost the success of the program. Carahsoft and IQM2 understand the importance of your project goals and are confident you will benefit from this solution and our expertise.
Carahsoft and IQM2 look forward to the opportunity to demonstrate this functionality to the City stakeholders, as well as the opportunity to work with the City of Santa Monica on this project. ca rah soft 24
5.P.a
Packet Pg. 722 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carnhsoft' s of Santa Monita
Please find the attachments below on the following pages:
• Attachment C: Non Collusion Affidavit
• Attachment E: City Policy on Doing Business with Arizona Firms • Training Guide
• Implementation Plan
Please note that Carahsoft and IQM2 are not submitting Attachment G: Personnel Benefits. This proposal is for software and outside of Implementation, Training and Ongoing support. This is not an outsourcing engagement, and thus, Attachment G does not apply.
carahsoft 2S
5.P.a
Packet Pg. 723 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
ATIACHMENT C- NON COLLUSION AFFIDAVIT TO ACCOMPANY
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }
PROPOSALS OR BIDS
~M=e=l=an...,y~L=·~S=m=i=th~------~· being first duly sworn, deposes, and says: that She/He is:
Dir ctor
(Insert "Sole Owner," "A Partner", "President," "Secretary," or other proper title) of, _ __,c,..2 ... r,..ab~.s""'o,.,ft.,.Tu.e.,.cb ... o..,o"'"l.,_,,ogy&i'-C"""-'or4p,.._. ----------------------- (Insert name of bidder)
Who submits herewith to the City of Santa Monica the attached proposal; that He, She, It, or They is (are) the person(s) whose name(s) is (are) (strike out words not appropriate) signed to the hereto attached proposal; that said proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; that such proposal was not made in the interest or on behalf of any person, partnership, company, association, organization or corporation not therein named or disclosed.
Affiant further deposes and says: that the bidder has not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interests of the public body which is to award the contract or of any other bidder, or anyone else interested in the proposed contract; that the bidder has not in any manner sought by collusion to secure for himself, herself, itself, or themselves, an advantage over any other bidder. (strike out words not appropriate)
Affiant further deposes and says that prior to the public opening and reading of bids the said bidder:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid; (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw his bid;
(c) Did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix any overhead, profit or cost element of his, her, its, their price, or of that of anyone else; and
- 17 -
5.P.a
Packet Pg. 724 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS **
(d) Did not, directly or indirectly, submit his, her, its, or their bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid, depository, or to any member · or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership or other financial interest with said bidder in his, her, its, or their business. (strike out words not appropriate) I declare under penalty of perjury that the foregoing is true and correct.
Melany L. Smith, Carahsoft Technology Corp.
Name of Bidder
- 18 -
I
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Packet Pg. 725 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM ( REQUEST FOR PROPOSALS
ATIACHMENT E- CITY POLICY ON DOING BUSINESS WITH ARIZONA FIRMS
CITY OF SANT A MONICA
CITY POLICY ON DOING BUSINESS WITH ARIZONA FIRMS
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING TO DO
BUSINESS WITH THE CITY OF SANTA MONICA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DENOUNCING ARIZONA'S ANTI-IMMIGRATION, LAW SUSPENDING OFFICIAL
TRAVEL TO THE STATE OF ARIZONA AND DEVELOPING ADDITIONAL FINANCIAL
SANCTIONS UNTIL SUCH TIME AS THE NEW LAW IS REVOKED
The City Council of the City of Santa Monica adopted Resolution No. 10479 (CCS) on May 25, 2010, which requires a review of all current and likely future agreements and contracts with Arizona-based businesses to examine the feasibility of acquiring such products and services elsewhere while the Arizona law remains in effect.
Additionally, vendors offering goods or services to the City of Santa Monica must complete and sign the attached disclosure form; this applies to all solicitations, including but not limited to, bids and proposals. Please review, sign and submit the form with your bid packet prior to the closing date of bid.
Contractors that do not have headquarters in the State of Arizona and those that will not be working with Arizona-headquartered subcontractors to provide goods and/or services as specified in this solicitation will take priority in the bidding process.
NOTE: Headquarter location or residency may not be considered as a factor if prohibited by applicable law.
Failure to return this form or inability to certify as to its provisions will render your bid or proposal non-responsive.
State of Arizona Disclosure Form - see next page.
- 21 -
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Packet Pg. 726 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) CITY OF SANTA MONICA CiWM
Sauta 11ttnhHt"'
STATE OF ARIZONA DISCLOSURE FORM
TO BE COMPLETED BY ALL VENDORS PROVIDING GOODS AND SERVICES TO
THE CITY OF SANT A MONICA
Headquarter location or residency may not be considered as a factor if prohibited by applicable law.
Please check the appropriate boxes below.
Our company's headquarters are located in the State of Arizona.
D Yes [xi No
Goods or services pertaining to this solicitation will be provided by a subcontractor whose business is headquartered in the State of Arizona.
D Yes [lg No
If the response to the statement above was "yes", please list any and all subcontractors headquartered in the State of Arizona that may be providing goods or services (pertaining to this solicitation) to the City of Santa Monica.
If more than one, attach a list of additional subcontractors, including the physical address of each location.
Name of Subcontractor: --"-'N""'A'""---------------------- Street Address: _________________________ _
City:------------ State:. ______ Zip Code: ___ _
- 22 -
5.P.a
Packet Pg. 727 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) *** PORTION BELOW TO BE COMPLETED BY ALL VENDORS •••
**************************************************************************************************** I declare under penalty Of perjury Ohder the laws of the State of California that the foregoing is true and correct.
Signed:
Printed name: Melany L. Smith Title: Director
Name of Company: Carahsoft Technology Corp.
Street Address of Headquarters: 12369 Sunrise Valley Drive, Suite D2 City: . Resto n State: __ V_A ___ Zip Code: _ __;;2c:.0"'19_1 __ _ Telephone# (including area code): 703.871.8500 Email: [email protected] FOR Cl1Y USE ONLY
NOTES:
- 23 -
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Packet Pg. 728 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
INTELLIGENT MEETING
MANAGEMENT
IQM2 Training and Implementation
Overview
IQM2 Inc.
90-D Raynor Avenue
Ronkonkoma, NY 11779
(631) 619-2017
MediaTn1Jq™
5.P.a
Packet Pg. 729 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) IQM2 Customer Training Program
IQ
lNHtUGf:.NT MUTING MAN1\QEMtNl
The IQM2 training program follows a structured lesson plan model in which new customers are trained using 90 minute sessions. The sessions cover all the essentials to get up and running as efficiently and quickly as possible and use a "Train the Trainer" approach over a 4 week process with 2 meeting cycles. The training is geared to work with lto 3 people who become the Power Users and also internal trainers. After the essential training is complete and the customer is using the software, IQM2 and the Internal Trainers train the submitters, approvers and board members. After going live, additional training is provided for advanced functionality through the IQM2 Training Academy. •
•
'
•
•
•
•
•
Train the Trainer approach
1 to 3 Power Users become Internal Trainers
4 Week Process (2 Meeting Cycles)
90 Minute Training Sessions, 60 Minute Review Sessions
Submitters & Approvers Trained by IQM2 & Power Users
Essentials are covered to get up and running quickly
Advanced Topics covered after your Live
Free ongoing training through the IQM2 Training Academy Remote Training Environment
The IQM2 training program uses remote training tools (GoToMeeting and TeamViewer) to train users.
Users are asked to connect and dial-in from their desks and to use a "Do Not Disturb" sign if necessary. Before training begins IQM2 asks that all users have the software installed on their desktop or laptops and a confirmation that GoToMeeting can be used. • GoToMeeting (please confirm it works)
• Users are trained at their desks or in a group conference room. • Install Software before Training
5.P.a
Packet Pg. 730 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) User Roles
IQ-·
JNHllHiENT MEETING MAN1\\J[M[NT
For the purposes of planning IQM2 will categorize the users of the system into the following roles:
• Power Users (PU) - The Power Users will be involved throughout the ENTIRE training process. They are involved in the initial setup decisions, training and become the Internal Experts of the IQM2 so~ware.
• Agenda Clerk (AC) - The Agenda Preparer builds and posts the final agenda for a meeting.
They are always in the Power Users group but there are sessions that are ONLY for the Agenda Preparers.
• Minutes Clerk (MC) - The Minutes Preparer inputs the votes and comments of the meeting and then generates the Minutes. They are always part of the Power Users group but there are sessions that are ONLY for the Minutes Preparer.
• Project Manager (PM) - In larger organizations there may be a project manager who is responsible for coordinating the project and may become the Internal Trainer. They are always in the Power User group.
• Submitters & Approvers (SA) - Submitters are the users within the departments that are submitting agenda items. Approvers are typically the users and managers within the workflow that are approving agenda items prior to them being added to the agenda. The Power User group may sometimes contain 1 or 2 key submitters or approvers. • Board Members (BM) - The Board Members may want to be trained in how to access the agendas, search, log in to get confidential information and make sticky notes. • Information Technology (IT) - A technical individual from the City is typically used when something needs to be installed or the Website updated or for MediaTraq network settings need to be set up.
• Audio/ Video (AV) - The A/V person is responsible for the audio and video equipment.
For MediaTraq, the encoder needs to be plugged into the Audio and Video equipment. This person can often be an outside consultant who initially installed the equipment (for professional setups) or may be someone who simply operates the camera equipment during the meetings.
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Packet Pg. 731 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) MinuteTraq
IQM2 starts with a discovery and planning session where the entire project timeline is set and then the City's system is set up and configured. During the first 2 weeks of training, IQM2 covers submitting, approving and building the agenda for the upcoming Parallel meeting. By week 3, the parallel meeting is taking place, the minutes are being completed and training of the preparers takes place so that submitting for the Live meeting can begin. In week 4, the customer is generating the agenda for the live meeting and if necessary, the board members are trained, Pl:imning
60 Minutes - Power Users
The IQM2 Planner shall produce a calendar of the training and events working around the City's meeting cycles, availability and the availability of IQM2 trainers. All key people are asked to bring their calendars to this session so vacations and other scheduling conflicts can be avoided. After approving the dates and times a full project plan and meeting invites will be sent and accepted by all individuals. Tasks: Project Calendar & Project Plan. Meeting Invites Sent and accepted.
Setup
2 Days - IQM2 Staff
IQM2 staff will prepare the system with basic users, departments, file types, categories, standard templates and any other information necessary to complete the lessons. Before the Discovery Session, IQM2 will do as m.uch setup as possible from the City's website or emailed documents.
Discovery Session
90 Minutes - Power Users
During the setup phase, IQM2 will have a Discovery Session to ask a series ofquestions and provide explanations as necessary to key Power Users and decision makers. The gathering of the information will allow IQM2 to finalize the configuration of the City's system in preparation of the training. This is the City's opportunity to let IQM2 know all concerns or unique information about the City - but don't worry IQM2 personnel are experts at this.
• Discovery Check! ist
5.P.a
Packet Pg. 732 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Software Installed
IT Staff
Customer IT Staff should have the software installed and deployed for the Power Users, at a minimum, so training can begin.
• Smart Client Deployment Guide
• IQM2 Downloads
Demo, Review & Approval of Setup
90 Minutes - Power Users
After tweaking the setup, IQM2 staff will demo the City's personalized system and then review workflow, templates, output and setup for the City's approval before beginning the training. Further changes may be made as the City trains.
Session 1 - Overview of Concepts, User and Department
Creation
90 Minutes ·- Power Users
Session 1 deals with Getting Started, Overview of menus and toolbars, Lists, User Manager, Permissions, Creating Meetings and importing older agendas and minutes. Tasks: Setup any users or departments missing with appropriate permissions. Add meetings for current year and last year, then upload agendas and minutes for previous 6 months.
• Training Video: Installing and Logging into MinuteTraq [4 min] • Training Video: Navigating MinuteTraq and the Support Site [5 min] • Training Video: Creating and Editing Users & Permissions [10 min] • Training Video: Creating Meetings, Meeting Types and Locations [5 min] Session 2 - Creating Agenda Items
90 Minut:es - Power Users
This lesson delves into basic drafting, submitting, adding and updating attachments, statuses, tracking changes, locking, placement, print preview, confidential information, Communications, PDF printer and Edit in Word. Tasks: Submit all agenda items you have for upcoming parallel meeting. • Training Video: Creating a Basic Agenda Item [7 min]
Session 3 - Approving, Rejecting, Searching
90 Minutes -- Power Users
The third session goes over Work Items, approving, rejecting, signatures, email notifications, approver permissions, delegates, workflow designer, stage groupings and Searching. Tasks: Continue submitting any agenda items for parallel meeting.
•
•
•
Training Video: Workflow Part 1 - Approving and Rejecting [6 min] Training Video: Workflow Part 2 - Tracking Changes, Adding Work Items & History [6 min] Training Video: Searching and Reporting [6 min]
5.P.a
Packet Pg. 733 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Session 4 - Agenda Wizard & Publishing
90 Minutes - Power Users
IQ
INTH-l!Gli.NT MHTI-NG MANAGl.M1'.N1
In Session 4, IQM2 personnel explain agenda outline tasks such as auto fill, adding/ removing items, attachments, statements, motions and sections; minutes approval; consent; generating; viewing; publishing/ web portal; distribution email; tagging; Web agenda; sticky notes and split view. Tasks:
Build the City's agenda for parallel meeting. Send distribution email. Get board approval of agenda. •
•
Training Video: Agenda Wizard [8 min]
Training Video: Generating, Finalizing, Distributing & Publishing the Agenda & Minutes [5 min]
Session 5 - Minutes Maker & Web Portal
90 Minutes - Power Users
Session 5 goes over minutes auto-fill, roll call, votes, comments, generating, publishing, add-ons, flags, amendments, Define Vote Results, Speaker Sign-up, Public Discussion, Board member profiles, voting history, web search, item detail page, web calendar, auto-backup and restoring. Tasks: Finish minutes for all items and generate.
• - Training Video: Minutes Maker [9 min]
• Training Video: Generating, Finalizing, Distributing & Publishing the Agenda & Minutes [5 min]
Session 6 - Open Session / Advanced Topics
90 Minutes ---- Power Users
IQM2 personnel go over Searching, Reporting, Notices, Public Hearings, Save Reasons, Input Templates, Agency Settings and Advanced Features. Tasks: Complete a meeting from start to finish in Parallel.
Historical Document Import Completed
Any historical agendas, minutes and other documents are imported.
Web Portal live
Webmaster
Customer website button or link at top-level navigation is completed. Board member pictures, header refinement, template customization are handled. Historical Agendas and Minutes for the current year are posted and all test data is removed.
Parallel Agenda - Build & Post
60 Minutes - Agenda Preparer
The IQM2 staff will follow along as the City builds and posts agenda for the first time.
Parallel Meeting
The Parallel Meeting sees the presentation of the final agenda, packet and web portal to the board.
Minutes are prepared in Minute Maker tool.
Parallel Minutes - Build &. finalize
60 Minutes - Minutes Preparer
The IQM2 staff will follow along as the City finishes minutes.
Press Release
A Joint press release is sent out to raise positive awareness within the community.
5.P.a
Packet Pg. 734 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Session 7 - Preparer Training
2 Hours -- Department Su/Jmitters & Approvers
IQl\/[:2
JNTl:ll!GE.NT MHTL"ic; MAN,\GlMtNT
The seventh session delves into submitting agenda items, approving, dashboard and searching broken up into groups up to 5 users. Tasks: All users begin submitting and approving agenda items for Live meeting coming up using MinuteTraq.
• Training Video: Creating a Basic Agenda Item [7 min]
• Training Video: Workflow Part 1 - Approving and Rejecting [6 min] • Training Video: Workflow Part 2 -Tracking Changes, Adding.Work Items & History [6 min] • Training Video: Searching and Reporting [6 min]
Training Survey
IQM2 likes to get feedback from users to follow up with individuals who may need some extra help or attention.
live Agenda - Build & Post
60 Minutes - Agenda Preparer
The IQM2 staff will follow along as the City builds and posts the agenda for the second time.
Board Member
60 Minutes - Power Users & Board Members
Power User group teaches Board members how to download agenda, access information on web portal, make sticky notes and use split view.
All preparers will have submitted items for this meeting. 90 Minutes - Minut:es Preparer
The IQM2 staff will follow along as the City finishes the minutes for the Live meeting.
5.P.a
Packet Pg. 735 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) MediaTraq
Preparation Work
1 Week -- IQM2 & IT Staff
IQM2 Staff will prepare the system with basic users, boards and committees, and the encoder setup for the MediaTraq product. IT Staff at the City will set up the NAT Configuration and Firewall Configuration necessary as per the Customer Setup Checklist for MediaTraq. Check Encoder for connection from primary meeting location.
Hookup Session
90 Minutes - IT/Network & Audio/Video Staff
IQM2 & customer IT Staff setup the encoder on the network and with the A/V equipment. A series of tests are run to make sure all streaming, archiving, remote start and other features work. • MediaTraq Hookup Checklist
Session 1 - Overview of Concept, User and Board setup
90 Minutes - Power Users
Session 1 provides an overview of menus and toolbars, User Manager, Creating Meetings and importing older agendas and minutes. Tasks:. Set up a three users and set up two departments. Add meetings for current year and last year then upload agendas and minutes for previous 6 months.
Session 2 - Recording and Uploading a Meeting
90 Minutes -- Power Users
Basic running of MediaTraq, Uploading Media, Media Vault, Media Event, Media Event Types, Transcoding, Remote Start, Pausing and Download Setting is dealt with in this session. Tasks: Record a test meeting, set up a new media event and upload an older video or audio file.
Session 3 - Importing the Agenda and Minutes Maker
90 Minutes - Power Users
Session 3 goes over importing and parsing the agenda, roll call, votes, comments, new sections, dragging and dropping, motions, statements, generating, viewing, publishing, defining vote results, time stamping and synching media points. Tasks: Import an agenda into the system and create the minutes document. If possible practice time stamping to a view and synching to that video.
Session 4 - Web Portal & follow Up
90 Minutes - Power Users
The fourth session delves into web agenda, minutes and agenda packets, media and calendar tab, searching online, board member profiles and vote history. Tasks: View the web site and run search, go through and upload 2 Media Events.
Parallel Meeting
60 Minutes -- IQM2 Staff & Minutes Preparer
Agenda is imported and posted, Meeting is recorded live, Minutes Maker is used to timestamp agenda items, Archive is uploaded and Minutes are generated.
Web Portal live
Web master
Customer website button or link at top-level navigation is completed. Board member pictures, header refinement, template customization. Historical Agendas, Minutes and Video from the last current year are posted for at least current year and test data is removed.
Press Release
A Joint press release is sent out to raise positive awareness within the community. live Meeting
60 Minutes - IQM2 Staff & Minutes Preparer
The live meeting is the same as a parallel meeting.
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Packet Pg. 736 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) E-Boardroom: Optional
Preparation Work
1 Week - IQM2 Slaff & Minutes Clerk
IT Staff will set up multiple windows based tablets or pc's for board members to use. IT Staff will also setup a clerk PC to function as the E-Boardroom server and control the Audience Display. IQM2 Staff will provide instructions on setting up the MinuteTraq client to function as an E-Boardroom PC.
Session 1 - Starting and Controlling !:-Boardroom
90 Minutes -- Minutes Clerk
Starting E-Boardroom through Minutes Maker, timer settings, audience display, set current item, eVoting, Signing into E-Boardroom, speaker queue, using the E-Boardroom Client, Speaker Sign-Up Kiosk. Tasks: Stage a mock meeting using E-Boardroom to get comfortable with the flow of the system.
Session 2 - Mock Meeting
90 Minutes -- Minutes Clerk & Board Members
Internal staff running through a full meeting process
Meeting
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Packet Pg. 737 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) INTE LlIG ENT MEETING
MANAGEMENT
City of Santa Monica, CA
MinuteTraq™ MediaTraq™
Advanced Implementation Steps
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Packet Pg. 738 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) M2 Open Suite Platform Implementation
Advanced Implementation Steps
Phase I: Remote - Preparation and Testing
• Laying the Groundwork
IQM2.com
In the beginning of the implementation process a number of essential steps must take place.
IQM2 will first conduct a Turnover Meeting to introduce the Implementation Team and to begin the process. The meeting's discussions will start to define a Charter for the upcoming project. It is important to establish what the City's vision is regarding the outcome of the project. Once a vision is defined IQM2 and the City can lay out the objectives and develop an agreed upon timeline. The City's vision will also help to confirm the deliverables so that expectations can be met. IQM2 and the City will discuss in detail the roles of both sides of the project; how IQM2 staff will lead the project and transition this lead to the City's project team over the course of the project.
• Appoint Project Team
Establishing a Project Team is a very important step.
• Executive Sponsor: The most important member of the team is the Executive Sponsor. He/she will be someone from the executive staff who will oversee the project and provide firm guidance when necessary.
• Project Champion: Having the right Project Champion is key as this is the owner of the project on a day to day basis. The Project Champion will be the go-to person throughout the project.
• Project Team: The Project Team should be assembled to support the Scope and Objectives of the project. The number of members and their origin will be determined by the project goals.
• Physical Environment
The workspace environment will also need to be addressed.
1. Will there be a training room?
2. Will there be hardware for each participant to use in training?
3. Will there be access to necessary staff throughout training periods?
4. Will there be the use of a presenter PC (laptop) and a projector? IQM2 will need to set up a communications plan so all methods of communication are known by all.
1. What is the preferred method of communication; email, phone, etc.?
2. How will IQM2 and the City work together remotely; go to-meeting, Connect, etc.?
IQM2 and the City will need to share all contact information to ensure there will be no disconnects. The implementation methodology will be documented later in this guide as well as
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Packet Pg. 739 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) M2 Open Suite Platform Implementation IQM2.com
in the Implementation Schedule Outline. The project timeline will be defined in Microsoft Project and displayed in a number of formats.
• Quality Plan
The best way to ensure a successful implementation is to plan the necessary time and stick to the plan. After identifying the team we will assess availability and create a project calendar.
When resources are assigned to the calendar they will be put all together in MS Project to create the end to end implementation timeline. Adherence to this timeline is essential for a successful project.
A high level demo of the MinuteTraq system is done utilizing the sales demo system. The purpose of this is to engage all members of the Project Team by allowing them to see where they fit in the process. All too often the Project Team members are not part of the buying decision and will not have seen the system prior to now.
• Risk Plan
Even with the best of plans, every undertaking has an element of risk. The goal is to minimize the risk factors to maximize success. There are some known risk factors and of course there are those that come up along the way. The common ones will be identified to work towards avoiding them; any of the others will be dealt with as they arise. • Plan Acceptance
At the completion of each phase of the implementation process IQM2 and the City will need to go through the judgment criteria specific to that section and determine if the project is ready to move on to the next phase. When that is accomplished, IQM2 and the City will complete an acceptance form stating the agreement and listing any remaining stipulations. This is also a good time to review the upcoming phase and make sure the expectations are realistic and adjust proactively if necessary.
Phase II: (Core Group) - System Testing and Configuration • Build Deliverables
Prior to start, information is sent to IQM2 based on what was requested in the Implementation Schedule Appendix. The agency will be created with some configuring and information input into the system. The rest will be done as part of the training process. • Review Deliverables
A Kick-Off meeting will be held so all project members have the opportunity to meet. A demo of the system is done to show the Project Team the status of the agency and for the first time they see their agency specific data in action. All necessary changes are made to make sure all requirements are met.
Page3
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Packet Pg. 740 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) M2 Open Suite Platform Implementation IQM2.com
• Quality Management
To ensure that the project stays on track and that any new or unresolved issues are taken care of, the Project Champion will constantly monitor progress and compliance. • Change Review
If and when any new issues or concerns arise, they will be documented by the Project Champion and reviewed with the team for possible solutions. First the team will pursue the easiest, most logical solution; which often is to make slight changes to the process to make current application features fit. This is the fastest, most cost effective solution. When current features cannot satisfy the need for change IQM2 and the City will investigate the possibility of enhancements.
Enhancements, when available, are time consuming and can negatively impact progress.
Whatever method is used to satisfy the issue, it must be approved by all those necessary. • Risks Assessment
Whenever a deviation to the plan takes place, whether it is a timing issue being rescheduled or a process issue being resolved, the overall effects it will have on the project must be assessed. If IQM2 and the City accept the proposed change, it is important to investigate the negative effects it will have on the project versus the positive effects it will have on the issue. Upon weighing this out, the team will make a decision to accept or deny the risk. • Issue Management
To minimize problems when issues arise IQM2 and the City need to have a plan in place for resolution. First the team needs to investigate process change and then consider application changes. Being open to compromise and/or alternatives is the soundest way to go forward as it allows resolution with little or no negative impact to the project plan. Of course, first and foremost, the resolution must satisfy all parties.
• Acceptance Management
Once the agency has been built and configured, tried and tested, JQM2 and the City will sign off that all conditions have been met. The sign off will show agreement with the agency configuration as well as accepting the design and processes as those that the staff will be trained on. Any stipulations to the above will be listed and resolved in an agreed upon manner.
Phase Ill: Remote - Final Refinements
• Stipulations
When the configuration process is complete and signed off, there are times when stipulations are part of the process. These are corrections or updates that we agree to complete prior to the onsite training in Phase IV.
• Final Changes
All final changes to the process need to be aired and instituted. Once IQM2 and the City move on from this point, there shouldn't be any more change, so as to be consistent with the material in Page4
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Packet Pg. 741 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) M2 Open Suite Platform Implementation IQM2.com
training. When the users are presented with the MinuteTraq system for training, the configuration and process should be locked down.
• Review Plans
A last review will be done on all plans to make sure they still fit. Although IQM2 and the City will most likely not want to change anything from this point on, it's best to take one last look and weigh any possible changes versu.s the risk.
Phase IV: User Training and Go Parallel
• Sub-Phase 1
During this Sub-Phase IQM2 will be showing everyone involved in the upcoming training a demo of the system as configured so they will understand what the goals are and where they fit in.
Following the demo there will be a quick session with the system administrators and managers to mal<e sure they are prepared to support the system. IQM2 will then begin the first submitter training. The key focus of the submitter training will be creating legislative files. Topics ranging from selecting the proper template to submitting the file will be covered. IQM2 begins with a simple, basic file and end with a complex entry including all available features. • Sub-Phase 2
IQM2 begins this Sub-Phase by repeating the submitter training and then focusing on creating agendas. By utilizing the legislative files created by the submitters, our first agenda will be created. The feature in Minute Traq for creating agendas is called the Agenda Wizard. The Agenda Wizard allows for the creation of default outlines that are specific to a meeting group or type. The City will learn how to create these default outlines which ultimately will provide for the automation of the agenda process. Once the agenda outlines are created they are generated to a finished agenda printout. To complete the process the City will learn how to publish to the web portal and distribute copies to predetermined distribution lists. • Sub-Phase 3
The next step in the process is to record all of the happenings of the meeting, which include the roll call, meeting comments and the vote results. The Minutes Maker is the tool in MinuteTraq • that manages this part of the process. The City will learn all of its features through to the point of publishing and distributing; which is basically the same as in the Agenda Wizard. The second part of this Phase will be used to enter parallel data for an upcoming meeting. This will allow the City to use the MinuteTraq meeting process with real data and compare it to an actual meeting.
Based on the success of this the City will be able to begin to focus on a live meeting. • Sub-Phase 4
During this Phase of training IQM2 will check in with all people and departments that were trained to make sure that everyone is comfortable with the system and that no questions remain unanswered.
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Packet Pg. 742 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) M2 Open Suite Platform Implementation IQM2.com
• Training Completion Acceptance
As IQM2 concludes the training and have confirmed with all parties that IQM2 has achieved its training goals, IQM2 training staff will do a sign off that demonstrates Training Completion Acceptance.
Phase V: Remote - Parallel Meeting and Go Live Preparation • Parallel Meeting
The Parallel Meeting involves dual entry of data for an upcoming meeting. The meeting documents are created both in MinuteTraq and by the current process. If the MinuteTraq documents have successfully succeeded the current process IQM2 and the City will go to the meeting with those. If the documents still need further refinement, IQM2 and the City will go to the meeting with the legacy documents and make sure any issues are corrected prior to the next meeting.
• Status Meeting
Following the Parallel Meeting a Status Meeting (conference call) is held to discuss the meeting outcome. If necessary there will be another Parallel Meeting, but in most cases IQM2 and the City will be able to move on to going live with the system. At this point IQM2 and the City agree on the Go Live Meeting date.
• Start Go Live
Starting the Go Live process basically puts the agency 100% in MinuteTraq mode; there is no reason to go back and produce any documents using the legacy method. If any issues come up they will be addressed immediately so there are no voids in the system. • Web Portal Link
Once live documents are created and are part of the system, the next step is to make them available to the public via the IQM2 Web Portal. The Web Portal is a place where they can view meeting documents by the calendar, search for resolutions, ordinances, and any other type of meeting document and if media is available, search and view that. There are a number of ways that the Web Portal can be seamlessly integrated with any current web site.
Completion Review - Live Status
• Status Call with Project Te_am
As Live Meetings are produced, questions and possible issues may arise. For that reason, IQM2 and the City will plan a follow up Status Meeting to make sure if any of these things do exist, that they are answered or resolved in a satisfactory manner and timeframe. IQM2 also appreciates feedback and would like to hear the success stories from a new, live customer.
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Packet Pg. 743 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) M2 Open Suite Platform Implementation IQM2.com
Phase VI: (Optional) - Advanced Functions
• Suggested Advanced Function Training Topics
The M2 Suite has many options and functions available, and many of these may not have been originally purchased and/or addressed as they are advanced features of the system. Once MinuteTraq has been successfully deployed it's a good idea to investigate what other features will fit the City and how to go about using them. A conversation with IQM2 staff will help determine what will best fit with the City's future plans as well as what else can be done to add additional efficiencies. Some of the Advanced Functions are listed below:
1) End User Reports (advanced), searching
2) Letter Factory
3) Legal Notices
4) Work Planner
5) Work Flow and Routing
6) Other Documents
7) Templates Concept and Methodology (Admin Users)
8) Tasks/Follow Actions (All Users)
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Packet Pg. 744 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
EXHIBITC
Terms (See Attached)
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Packet Pg. 745 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) G 'TvEFtl\J Sivil1..RTER
Government Meeting Management
Software
City of Santa Monica, CA
Submitted By:
Katie Dyer
Account Representative
IQM2 Inc.
100 Comae Street
Ronkonkoma, NY 11779
(631) 619-2017
8/13/2013
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Packet Pg. 746 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) IQMZ, Inc. Terms, Conditions and Pricing for
City of Santa Monica
IMPORTANT NOTICE TO USER: IQM2, Inc. owns all intellectual property in the MinuteTraq, MediaTraq and EBoardroom software "Software". You shall not modify, adapt, translate, rent, lease or otherwise attempt to discover the Software source code. This Agreement wi!l be governed by the laws in force !n the State of New York.
1. Reseller Terms. The following terms are required to be included in all of Carahsoft's (Reseller) Software subLicense and Service Agreements and shall govern all End User orders for IQM2 sublicensed there under. All Purchase Orders and payments must be made out to Carahsoft Technology Corp.
2. Software License. This software program and the accompanying files, software updates, lists and documentation are licensed, not so!d, to you. You may install and Use a copy of the Software on your compatible computer for the purpose of connecting to the hosted service provided by IQM2 as !ong as you are a current subscriber and maintain your monthly or annual continued services for the app!icable licenses.
3. Continued Services
3.1 Updates and Renewals. If the Software is an Update to a previous version of the Software, you must possess a valid license to the previous version in order to use the Update. Corrections of substantial defects in the Software so that the Software will operate as purported will be rectified by IQM2.Customer agrees to install all updates, Including any enhancements, for the Software in accordance with the instructions provided by IQM2.
3.2 Service Level Agreement "SLA". Technical support is available twenty-four (24) hours per day, seven (7) days per week for the term of this Agreement. IQM2 policy requires a response from a support staff member within 60 minutes which will result (if necessary) in a formal submission of a case #. Client will be notified of estimated resolution schedule.
3.3 Hosting. IQM2 agrees to maintain customer data in a Tier-3 datacenter and is committed to providing 99.9% uptime and availability. IQM2 will perform nightly backups of your hosted data to an alternate physical location.
3.4 Ownership of Data. All hosted data belongs to the customer. At the request of the customer IQM2 will provide a backup of al! database information and files through a downloadable backup or DVD. IQM2 agrees to provide this service without charge at least once per year.
4. Payment Terms & Fees
4.lBilling Procedures. Saas Services of $11 377.85 per month blHing wiil begin upon project start date (first discovery call with trainer). Each subsequent payment will occur on the 1st or 15th of each month. IQM2 reserves the right to charge a 5% cost of living per year. Payment Terms are NET 30 Days. This agreement can be terminated at any time with 30 days prior written notice. Initial here. __ ~
4.2Travel Expenses. Travel expenses are not Included and will be invoiced separately.
4.3Hardware. IQM2 does not warranty any hardware. Should IQM2 ct1oose to furnish encoder hardware as part of our MediaTraq video streaming service at no additional cost, hardware warranty is through manufacturer repair or replacement only. Any hardware issues requiring new equipment not covered by the warranty will be billed to the client at cost.
5. Limitation of Liability. In no event will IQM2 be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any Jost profits or lost savings, even if an IQM2 representative has been advised of the possiblllty of such loss, damages, claims or costs or for any claim by any third party. The foregoing limltations and exclusions apply to the extent permitted by applicable law in your jurisdiction. IQM2's aggregate liability shall be llmited to the amount contracted for the software, if any.
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Packet Pg. 747 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
6. Pricing Structure:
SKU # Description Monthly Saas
IQJ~v12
!NTHUGENT MHTJNG M,\N;\Gl'Mf.NT
One Time
20·310 MinuteTraq · Unlimited
10-002 System Conflguration, Implementation & Training
Total--MonthlySaaS
$1,377.85 / mo
Waived/Included ... """""" .... """-·--"-·"···-····-------•.•...•.... """ ------- -···- Optional Additions (if adopted within the next 12 months):
21-310 MediaTraq - Unlimited $1,000 / mo
22·310 e-Boardroom • Unlimited $960 I mo
Contract Number 4476961
"All Products Purchased under this agreement are available via Electronic Distribution only. No tangible media or documentation will be available or shipped under this agreement. Access to the products purchased under this agreement is in no way dependent upon any tangible media that may have been received prior to, or separately from, this agreement.
To support the California sales and use tax exempt status of electronically downloaded software allowed under California regulation 1502 (F) (1) (D), vendor invoices for all purchases made under this agreement must accurately state that software distribution is solely via electronic download and that no tangible media or documentation will be shipped to or received by our agency."
City of Santa Monica, CA
Signature
Printed Name, Title
Date:
Please Sign Below and Send to:
KATIE DYER
IQM2 AT CARAHSOFT TECHNOLOGY CORP.
12369 Sunrise Valley Drive, Suite D2
Reston, VA 20191
Phone: (703) 889-9701
Fax: (703)871-8505
KATIE. DYER@CARAHSOFT .COM
Carahsoft Technology Corp.
Signature
Printed Name, Title
Date:
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Packet Pg. 748 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) carab,~Qft '"'"''"'"''''-"j;;'/ \;'Joy
Billing Contact:
Billin Address:
Billin Email:
Billin Phone:
IQM2, Inc.
Signature s
Printed Name, Title
Date:
5.P.a
Packet Pg. 749 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
EXHIBITD
Professional Services Agreement Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope/Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 · covering GCL on an "occurrence" basis, including products-completed operations and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
If the Consultant maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
Other Insurance Provisions
1. The policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status {CGL policy): The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts or equipment furnished in connection with such work or operations. The additional insured status can be provided in the form of an endorsement at least as broad as Insurance Services Office Form CG 20 10 11 85. b. Primary Coverage (all policies): For any claims related to this Agreement, the Consultant's insurance shall be primary as respects the City of Santa
5.P.a
Packet Pg. 750 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it.
c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received the a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to reduce or eliminate the deductible or retention applicable to the contracted work or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
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Packet Pg. 751 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of Agreement. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to the Consultant, the City may deduct from sums due to the Consultant any premium costs advanced by the City for such insurance.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers' Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City's Workers' Compensation Coverage Exemption Declaration Form.
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Packet Pg. 752 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) FIRST MODIFICATION OF AGREEMENT NO. 9784 (CCS)
This First Modification of Agreement Number ____ (CCS) ("First Modification"), entered into as of 1'1'\0-1}- (¢ ____ , 2014, by and between the City of Santa Monica, a municipal corporation ~"City"), and IQM2, Inc. (IQM2) is made with reference to the following:
RECITALS
A. On or about October 7, 2013, the City and 1QM2 entered into Agreement Number 9784 (CCS) for professional, software, and web hosting services for an agenda management system ("Original Agreement").
B. The City and 1QM2 desire to modify the Original Agreement to foclude additional services to be performed by IQM2 to enhance the agenda management system.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled "Term" shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on June 30, 2018, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.
2. Section 2 of the Original Agreement entitled "IQM2 Services" shall be modified by adding the following paragraph:
Additional Services. IQM2 will perform all of the additional services ("Additional Services") described in Exhibit Al, Scope of Services.
IQM2 will complete the Additional Services in accordance with Exhibit B-1, Budget.
3. Section 4 of the Original Agreement entitled "Compensation" shall be modified by adding the following paragraph:
Compensation. The City will compensate IQM2 for the Services in an amount not to exceed $13,000, as set forth in Exhibit B-1. The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed $85,357.
4. Exhibit A 1 and Exhibit B-1 are attached hereto incorporated herein by this reference. 1 5.P.a
Packet Pg. 753 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
5. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
SARAH P. GORMAN
City Clerk
APPROVED AS TO FORM:
2 CITY OF SANTA MONICA,
a municipal corporation
By:~
City Manager
IQM2 Corporation
Name: _ ,);\"?S\ t:AJ\-~i~\
Title: r\/ ~ ··
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Packet Pg. 754 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Attachment A-1
Scope of Services
---- IQMTwill-pYovio,.-t11eCiWofSanfaMonicaWitn-MinuteTraq;the Legislative andAgenaa-Management framework of IQM2's Government Meeting Platform. The system will provide functionality to manage all meeting documen.ts, reviewing processes and procedures, creating agenda packets, creating minutes, compiling and distributing post-meeting letters, and web publishing and search functions. Key standard components of the system include the following:
• Centralized Document Database
• Workflow, Routing, and Review Process
• Attachments and Importing
• PDF Printer
• Document Generation
• Fast Re-Generation Technology to quickly modify and regenerate documents • History Tracking and Audit Trail
• Revision Tracking and Comparing
• Information Sharing and Delivery
• Meeting Capture and Streaming
• Task Follow-Up and Process Tracking
• Free Ongoing Training
Additional Services
In addition to the standard platform detailed above and in the original agreement, IQM2 will provide the City of Santa Monica with an enhancement to the agenda management system to provide the following additional template-driven functionality.
• Template Grouping and Organization
• Field-Driven, Field-Specific Template Filtering
• Hyperlink functionality in Rich Text Fields
• Improvements to Template Selector
This enhancement is detailed below.
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Packet Pg. 755 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Standard Language Guide EnhancementTemplate Properties, Grouping & Organizing • Currently templates can belong to multiple Template Types but there is only a template type defined for the discussion and body but no comments. Additionally the XML templates are mixed in with the Body templates.
• Header and Insert templates are used for "Generating" and should be left alone and considered separate. It would be preferable to have the Template List operate in two different modes (Generating Templates and New Templates/ Standard Language Guide) which could have 2 different menu options or some kind ofTab on the list that lets the list filter between these two types.
• Template Types: Currently the Usage field on a template allows for this partially but does not have enough defined types.
o New: Minutes Statement
o New: Minutes Motion
o New: Discussion --> Rename to: New: Legislative Discussion o New: Legislative File
• This one will only be used for the XML templates
• Move any Non-XML templates of this type to the new type below (New: Legislative Body).
• Add the following Template Types
o New: Legislative Comments
o New: Legislative Body (Move any non-XML to Legislative File templates to this new type) • Clarifying Info
o New Templates - New XML for Legi Files (Can't be edited except for properties) o Language Guide - essentially the "New" type templates • Body
• Discussion
• Comments
• Statements
• Motions
• Template Properties for New Legislative Files - When creating a template of type New Legislative File you are prompted for the File Type. This should be extended to any of the fields that apply to the file type (New: Legislative File, Body, Discussion and Comments). It should be optional so a template could apply to all or a specific file type.
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Packet Pg. 756 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Template Name SLG - Body
. Usages New: Legislative File
Additional Usages
"
• Additional Usages Field= Language Groups
o This field will be used for these template types as "Language Groups". o The label should dynamically switch between "Additional Usages" and "Language Groups" depending if a Generating Templates or Language Templates are being indicated in the Usage.
o Additional instructional labels should be added under the "Additional Usages" that better explains what the user should use this field:
• Add report names to each line which allow you to customize this template in different modes. The additional report names will appear under the drop down menus in the Agenda Wizard and Minutes Maker.
• Add names of Language Groups that you would like this template to be grouped under and included in when being selected for specific uses. When selecting a template from a hyper/ink the language groups can be used to limit the templates available for a specific selection.
Usages New Legislative File "
Addilicn,1..._
5.P.a
Packet Pg. 757 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Filtering Templates based on Field(s) being Used
• New Button - When starting a new Legislative file from the beginning the template selector should be modified to show all "New" type templates for that file type being created. o This is a change in current behavior to include the discussion and new comments types. This could be a problem if there are discussion templates that are unwanted. Need further investigating.
• Use Template - When using the "Select Template" field from the toolbar the dialog form should only show templates where the usage (aka Template Type) has the matching type selected:
o Discussion, Body, Comments ==> New: Legislative XXX
• If the Legislative File Type is specified on a template then this also should be considered part of the filtering parameters. If a template has this field blank then it applies to all file types.
o Agenda and Minutes Motion or Statement ==> New: Minutes Motion, New: Minutes Statement
"Click Here" Hyperlinks in Rich Text Fields
• When loading a Rich Text field automatic recognize some delimiting mark that turns the text into a hyperlink:
• «CLICK TO SELECT»
• «CLICK TO SELECT: Vendor Selection»
o This would allow them to select templates where the Standard Language Group was "Vendor Selection". The dialog box would limit the templates based on both the field and the group.
• Templates that selected may also have these delimiters so inserting a template could bring across additional hyperlinks to click and select.
• After selecting template the delimiter is removed entirely. If the delimiter is the only nonwhitespace within the paragraph then the extra paragraph is removed. If the delimiter is included from within a paragraph then just the delimiter is cleared.
Cc-mme.rits:
!Standard Language Guide for: Discussion
r <CLICK TO SELECT: Vendm Selection>_?
Sbcrt t1amed': ! ..... .
5.P.a
Packet Pg. 758 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) • The Rich Text editor is used on forms. All areas should be confirmed to work properly after the changes:
o Legislative Files
o Template Editor
o Agenda Comments
o Minutes Comments
o Legal Notice Editor
o Attachment/ Note editor
o Task Notes Editor
o Template Set Editor
Improvements to Template Selector
• Groupings should show in list when a list is showing more than one group - if possible. • There may be limitations of the control that prevent grouping from showing. We also may choose to deploy Language Tagging instead of Grouping. • Text filter at top, focus is defaulted here and as user types the list of templates filters down by keywords in name, description and language groups.
Name
!J;l Blank Template
BMilGM¥4
0 Overwrite All Text in Editor · OK Cancel
5.P.a
Packet Pg. 759 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Not Final
• IQM2 reserves the right to modify or expand the specifications. • Specifically in regards to the Grouping. We believe it may actually be more flexible to deploy "Tagging" instead and allow the Template selector hyperlinks the ability to select multiple tags ("groups") with comma separated list. The display of the templates on the template selection dialog may be affected.
Functional Cleanup as Part of Project
There are a few other minor changes to the software that will be made as part of the project.
5.P.a
Packet Pg. 760 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Exhibit B-1
Budget
The City will compensate IQM2 in a total amount not to exceed $85,357.
Monthly service and maintenance fee for up to five years Additional Services
Project: Enhancements to the Agenda Management System
Contingency
$1,377.85
$11,000.00
$2,000.00
Not-to-exceed amount $13,000.00
$5500 will be paid at commencement of the Enhancements to the Agenda Management System project.
The remainder will be paid at project completion and delivery, defined by incorporation of new custom template functionality residing in MinuteTraq. IQM2 will provide City with reviews of development progress at regular intervals to obtain City's verification that custom functionality being developed meets with City's requirements and expectations. The estimated time to complete the enhancement project is five weeks from Monday, March 25, which is April 28, 2014.
5.P.a
Packet Pg. 761 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
5.P.a
Packet Pg. 762 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) SECOND MODIFICATION OF AGREEMENT NO. 9784 (CCS)
This Second Modification of~reement Number 9784 (CCS) ("Second Modification"), entered into as of _;J_ __ _ J.(L ___ , 2018, by and between the City of Santa Monica, a municipal corporatio ("City"), and Carahsoft Technology Corporation (CARAHSOFT) is made with reference to the following:
RECITALS
A On or about October 7, 2013, the City and 1QM2/CARAHSOFT entered into Agreement Number 9784 (CCS) for professional, software, and web hosting services for an agenda management system ("Original Agreement").
B. On or about May 6, 2014, the City and IQM2/CARAHSOFT entered into a First Modification of Agreement Number 9784 (CCS) ("First Modification") which included additional services to be performed by 1QM2 to enhance the agenda management system. The Original Agreement and First Modification may be referred to collectively herein as "the Agreement."
C. On or about June 4, 2014, IQM2 was acquired by Accela.
D. On or about March 13, 2018, Accela sold its agenda management system to Granicus.
E. The City and CARAHSOFT desire to modify the Agreement to extend the contract term and increase the contract price to pay for those additional services.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1 of the Agreement entitled "Term" shall be deleted in its entirety and replaced with the following paragraph:
Term, This Agreement begins on the Execution Date and terminates on June 30, 2019, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
2. Section 2 of the Agreement entitled "CARAHSOFT Services" shall be modified by adding the following paragraph:
Additional Services. CARAHSOFT will perform all of the additional services ("Additional Services") described in Exhibit A-2, Scope of Services. CARAHSOFT will complete the Additional Services in accordance with Exhibit B-2, Budget.
3. Section 4 of the Agreement entitled "Compensation" shall be modified by adding the following paragraph:
Compensation, The City will compensate CARAHSOFT for the Addi1 August 2017
5.P.a
Packet Pg. 763 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) tional Services in an amount not to exceed $17,692, as set forth in Exhibit B-2. The total contract price for services purs'uant to the Original Agreement, the First Modification, and this Second Modification shall not exceed $165,424.
4. Exhibit A2 and Exhibit B-2 are attached hereto and incorporated herein by this reference.
5. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.
ATTEST:
1<i-t,tuJ1,: vdti {U/[rJd1t ·il40tt
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
LANE DILG
City Attorney
2 ~~:'lfil(AL
ICKCOLE
City Manager
CARAHSO TECHNOLOGY
CORP
By: -t--M-+------'-----ob--:-------
Name: .._===-"-'-----'---'--'""""------
Title:--'----'--"-"-~--'-'---'-----------
August 2017
5.P.a
Packet Pg. 764 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) ExhibitA2
Scope of Services
5.P.a
Packet Pg. 765 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Legislative Management
As used herein, "Accela" refers to Accela, Inc., the owner of the Accela Legislative Management software subscription services ("Software"). "Customer' or "End User" refers to the entity that executes a sales order with Reseller, Carahsoft Technology Group, for the Software. By installing or using the licensed software from Accela, Inc., the End User ("Customer") is agreeing to be bound by the Accela End User Terms and Conditions. The Software is protected under the laws of the United States and the individual states and by international treaty provisions. Accela retains full ownership in the Software and grants to Customer a limited, nonexclusive, nontransferable license to use the Software, up to the limitations determined by the license purchased, subject to the following terms and conditions:
1. Accela owns all intellectual property in the Software. Customer shall not modify, adapt, translate, rent, lease or otherwise attempt to discover the Software source code. The Software and the accompanying files, software updates, lists and documentation are licensed, not sold, to Customer. Customer may install and use a copy of the Software on its compatible computer for the purpose of connecting to the hosted service provided by Accela as long as Customer is a current subscriber for the applicable licenses.
2. If the Software.is an update to a previous version of the Software, you must possess a valid license to the previous version in order to use the Update. Corrections of substantial defects in the Software so that the Software will operate as purported will be rectified by Accela. Customer agrees to install all updates, including any enhancements, for the Software in accordance with the instructions provided by Accela. Accela agrees to maintain Customer data in a Tier-3 datacenter and is committed to providing 99.9% uptime and availability. Accela will perform nightly backups of your hosted data to an alternate physical location.
3. All hosted data belongs to the Customer. Within thirty (30) calendar days following termination of this Agreement, Accela will provide a complete copy of Customer's data without additional charge through a downloadable backup or DVD.
4. Subscription terms are twelve (12) calendar months in duration.
5. Should on-site support requiring travel by Accela staff be requested by Customer, Accela will provide on-site assistance at Accela's then-current time-and-materials rates. In addition to these charges, Customer will compensate Accela for associated airfare, lodging, rental transportation, meals, and other incidental expenses as such expenses accrue and will be billed at cost and invoiced separately.
6. Accela does not warrant any hardware. Should Accela furnish encoder hardware as part of the Civic Streaming video streaming service, hardware warranty is through manufacturer repair or replacement only. Any hardware issues requiring new equipment not covered by the warranty will be billed to the client at cost. Any upgrades, additional encoders, etc. will be billed to client. Any hardware furnished to client as part of Accela's services is to be returned to Accela upon termination of associated services. Accela has no obligation for any claim based upon a modified version of the Software or the combination or operation of the Software with any product, data, or apparatus not provided by Accela. Accela provides no warranty whatsoever for any third-party hardware or software products. Except as expressly set forth herein, Accela disclaims any and all express and implied warranties, including but not necessarily limited to warranties of merchantability and fitness for a particular purpose.
Third-party applications which utilize or rely upon the Services may be adversely affected by remedial or other actions performed pursuant to these Terms and Conditions; Accela bears no liability for and has no obligation to remedy such effects. Except as set forth herein, Accela provides all Software Services "as is" without express or implied warranty of any kind regarding the character, function, capabilities, or appropriateness of such services or deliverables.
5.P.a
Packet Pg. 766 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
7. LIMIT OF LIABILITY: ACCELA WILL, AT ALL TIMES DURING THE AGREEMENT, MAINTAIN APPROPRIATE INSURANCE COVERAGE. TO THE EXTENT NOT OFFSET BY ITS INSURANCE COVERAGE
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL ACCELA'S
CUMULATIVE LIABILITY FOR ANY GENERAL, INCIDENTAL, SPECIAL, COMPENSATORY, OR PUNITIVE DAMAGES WHATSOEVER SUFFERED BY CUSTOMEROR-ANYOTHERi'l:RSON-ClRt:NTITYEXeJ:J:DTHEFEES PAID TO ACCELA BY CUSTOMER DURING THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY
PRECEDING THE CIRCUMSTANCES WHICH GIVE RISE TO SUCH CLAIM(S) OF LIABILITY, EVEN IF ACCELA OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Either Accela or Customer may terminate if the other party materially breaches these Terms and Conditions and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty (30) calendar days. Upon any termination or expiration, all rights granted to Customer are cancelled and revert to Accela.
Signature Date
5.P.a
Packet Pg. 767 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Exhibit B-2
Budget
5.P.a
Packet Pg. 768 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
GOVERNMENT- PRICE QUOTATION
ACCELA GOVERNMENT AT CARAHSOFT
eAccela ca rah soft.
l860 IVIICl-1/-\El_ f··;\f'{J'.\U/W DHI\J[ I '.)UI CE 100 I Rl=STUI\I, Vll{<.::ill\Jli\ )(J:I.C:10 1-'l·iOi\lE (7U3) (1/J-/_ViOCJ I F/\X (705) (PJ.--(\SOS I TOU.1-·:p,ff: ([1,BI',) 66CN\/II-I W\1\i\1\/. C1\ I~ /.\1-·I SO H. (01\11
TO:
EMAIL:
Christopher Smith
Priilcipal Administrative Analyst
City of Santa Monica
1685 Main Street, Suite 209
Santa Monica, CA 90401
[email protected]
PHONE: (310) 458-8301 FAX:
TERMS: FTIN: 52-2189693
Shipping Point FOB Destination
Credit Cards: VISNMasterCard/AMEX
Remit To: Same as Above
Payment Terms: Net 30 (On Approved Credit)
Cage Code: 1 P3C5
DUNS No: 088365767
Sales Tax May Apply
LINE NO. PART NO. DESCRIPTION
Ss60aa&Mt07ci01- Acce!a Legislative Mgmt - AQenda & Minutes R1 TO? P75-1 OOK City!TownNillage Renewal - 12
Months (1st Renewal Term)
Accela Inc
Start Date: 12/01/2017
End Date: 11/30/2018
SUBTOTAL:
FROM:
EMAIL:
Daniela Canedo
Carahsoft Technology Corp.
1860 Mich_ael Faraday Drive
Reston, Virginia 20190
[email protected]
PHONE: (703) 871-8663 FAX: (703) 871-8505
QUOTE NO:
QUOTE DATE:
QUOTE EXPIRES:
RFQ NO:
SHIPPING:
TOTAL PRICE:
TOTAL QUOTE:
QUOTE PRICE
10147240
08/21/2017
11/30/2017
GROUND
$17,691.60
$17,691.60
QTY EXTENDED PRICE
12 $17,691.60
$17,691.60 ·--------·------~-~--·-·-------~
CONFIDENTIAL
PAGE 1 ofl
TOTAL PRICE: $17,691.60
TOTAL QUOTE: $17,691.60
QUOTE DATE:
QUOTE NO:
08/21/2017
10147240
5.P.a
Packet Pg. 769 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) carahsoft Granicus at Carahsoft G GRAN ICUS
1860 MICHAEL FARADAY DRIVE I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I [email protected]
TO:
EMAIL:
Esterlina Lugo
Deputy City Clerk
City-of-Santa-Monica----
1685 Main Street, Suite 102
Santa Monica, CA 90401 USA
[email protected]
PHONE: (310) 458-8211
TERMS: FTIN: 52-2189693
Shipping Point: FOB Destination
Remit To: Same as Above
Payment Terms: Net 30 (On Approved Credit)
Cage Code: 1P3C5
DUNS No: 088365767
Credit Cards: VISA/MasterCard/AMEX
Sales Tax May Apply
LINE NO. PART NO. DESCRIPTION
BASE RENEWAL
SS60AA&MT07CI01- Accela Legislative Mgmt - Agenda & Minutes R2 TO? P75-100K City/TownNillage Renewal -12
Months (2nd Renewal Term)
Accela Inc- SS60AA&MT07CI01-R2
Start Date: 1210112018
End Date: 06/3012019
SUBTOTAL:
FROM:
EMAIL:
Kodja Schelte
Granicus Government at Carahsoft
- .1860.Michael Faraday.Drive
Suite 100
Reston, Virginia 20190
[email protected]
PHONE: (703) 921-4085 FAX: (703) 871-8505
QUOTE NO:
QUOTE DATE:
QUOTE EXPIRES:
RFQ NO:
SHIPPING:
TOTAL PRICE:
TOTAL QUOTE:
QUOTE PRICE
$1,474.30 OM
TOTAL PRICE:
----------~-
11698803
04/2412018
06130/2018
GROUND
$10,320.10
$10,320.10
QTY EXTENDED PRICE
7 $10,320.10
$10,320.10
$10,320.10
TOTAL QUOTE: $10,320.10
SUGGESTED OPTIONS
LINE NO. PART NO. DESCRIPTION
2 RENEWAL OPTION YEAR 1
SS60AA&MT07CI01- Accela Legislative Mgmt-Agenda & Minutes R3 T07 P75-1_00K CityfTownNillage Renewal - 12
Months (3rd Renewal Term)
Accela Inc- SS60AA&MT07CI01-R3
Start Date: 07101/2019
End Date: 06/3012020
CONFIDENTIAL
QUOTE PRICE QTY EXTENDED PRICE
$1,577.50 OM 12 $18,930.00
QUOTE DATE: 04/2412018
5.P.a
Packet Pg. 770 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Granicus at Carahsoft
1860 MICHAEL FARADAY DRIVE I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I [email protected]
LINE NO. PART NO. DESCRIPTION QUOTE PRICE
3 4
RENEWAL OPTION VEAR 1 SUBTOTAL:
RENEWAL OPTION YEAR.~2~---~
SS60AA&MT07CI01- Accela Legislative Mgmt- Agencja & Minutes R4 T07 P75-100K City/TownNillage Renewal-12
Months (4th Renewal Term)
Accela lnc-SS60AA&MT07CI01-R4
Start Date: 07/01/2020
End Date: 06/30/2021
RENEWAL OPTION YEAR 2 SUBTOTAL:
RENEWAL OPTION VEAR 3
SS60M&MT07CI01- Accela Legislative Mgmt - Agenda & Minutes RS T07 P75-100K CityrrownNillage Renewal-12
Months (5th Renewal Term)
Accela lnc-SS60AA&MT07CI01-R5
Start Date: 07/01/2021
End Date: 06/30/2022
RENEWAL OPTION YEAR 3 SUBTOTAL:
SUGGESTED SUBTOTAL:
$1,687.93 OM
$1,806.09 OM
G GRANICUS
QTY EXTENDED PRICE
$18,930.00
12 $20,255.16
$20,255.16
12 $21,673.08
$21,673.08
$60,858.24
CONFIDENTIAL QUOTE DATE: 04/24/2018
5.P.a
Packet Pg. 771 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
5.P.a
Packet Pg. 772 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 1 THIRD MODIFICATION OF AGREEMENT NO. 9784 (CCS)
This Third Modification of Agreement Number 9784 (CCS) (“Third Modification”), executed as of _________________, 2019 (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Carahsoft Technology Corporation (“Carahsoft” also referred to as “Consultant”) is made with reference to the following:
RECITALS
A. On or about October 7, 2013, the City, Carahsoft and IQM2, Inc. (“IQM2”) entered into Agreement Number 9784 (CCS) (“Original Agreement”) for IQM2 to provide to the City, in conjunction with Carahsoft, an agenda management system (the “Agenda Management System”) in the form of software, professional services, and web hosting services.
B. On or about May 6, 2014, the City and IQM2 entered into a First Modification of Agreement Number 9784 (CCS) (“First Modification”) which included additional services to be performed by IQM2, in conjunction with Carahsoft, to enhance the Agenda Management System and increased the compensation to be paid under the Original Agreement to reflect the additional services.
C. On or about June 4, 2014, IQM2 was acquired by Accela, Inc. (“Accela”), which assumed responsibility, in conjunction with Carahsoft, for providing the Agenda Management System.
D. On or about March 13, 2018, Accela sold the Agenda Management System to Granicus, Inc. (“Granicus”), which assumed responsibility, in conjunction with Carahsoft, for providing the Agenda Management System.
E. On or about July 10, 2018, the City and Carohsoft entered into a Second Modification of Agreement Number 9784 (CCS) (“Second Modification”) which extended the term of the Original Agreement to June 30, 2019 and set the compensation to be paid during the extended term. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.”
F. The City and Carahsoft desire to modify the Agreement as set forth in this Third Modification.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following:
Term. This Agreement begins on the Execution Date and terminates DocuSign Envelope ID: CF02F2EA-257E-488B-99B6-F82518E0AA51 9/10/2019
5.P.a
Packet Pg. 773 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 2 on June 30, 2020, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. The City shall have the option, at its discretion, to extend the Agreement for two (2) additional one-year terms (each an “Option Term”).
2. Section 2 of the Agreement entitled “Consultant Services” shall be deleted in its entirety and replaced with the following:
Consultant Services. Consultant will perform or cause to be performed, including by, through, or in conjunction with IQM2, Inc. (“IQM2), Accela, Inc. (“Accela”), and Granicus, Inc. (“Granicus”), all of the services (“Services”) described in the following: Exhibit A, City’s Request for Proposal (RFP); Exhibit B, Consultant’s Proposal; and Exhibit A-1, Scope of Services. Consultant will complete or cause the completion of the Services in accordance with the following: Exhibits C, Terms, and B-1, Budget (for Services provided by, through, or in conjunction with IQM2); Exhibits A-2, Scope of Services, and B-2, Budget (for Services provided by, through, or in conjunction with Accela); and Exhibits B-2, Budget, and B-3, Budget (for Services provided by, through, or in conjunction with Granicus or any entity that assumes from Granicus responsibility for providing Services).
3. Section 5 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following:
Compensation. The City will compensate Consultant for Services performed as set forth in Exhibits C, Terms, and B-1, Budget (for Services provided by, through, or in conjunction with IQM2); Exhibits A-2, Scope of Services, and B-2, Budget (for Services provided by, through, or in conjunction with Accela); and Exhibits B-2, Budget, and B-3, Budget (for Services provided by, through, or in conjunction with Granicus or any entity that assumes from Granicus responsibility for providing Services). Compensation to Consultant for Services performed during the period July 1, 2019 through June 30, 2020, shall not exceed $18,930, as set forth in Exhibit B-3, Budget. Compensation to Consultant for the Option Term July 1, 2020 through July 1, 2021 (if City exercises its option to extend the Agreement for this Option Term) shall not exceed $20,255.16, as set forth in Exhibit B-3, Budget.
Compensation to Consultant for the Option Term July 1, 2021 through June 30, 2022 (if City exercises its option to extend the Agreement for this Option Term) shall not exceed $21,673.08, as set forth in Exhibit B-3, Budget. The total compensation to be paid by City for Services pursuant to the Original Agreement, the First Modification, the Second Modification and the Third Modification shall not exceed $165,424.
DocuSign Envelope ID: CF02F2EA-257E-488B-99B6-F82518E0AA51
5.P.a
Packet Pg. 774 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 3 4. Sections 7.1 and 7.2 of the Agreement, which provide the addresses for notices, demands, requests or approvals to be given under the Agreement, are deleted in their entirety and replaced with the following:
7.1 All notices, demands, requests or approvals to the City:
City of Santa Monica
City Clerk’s Office
1685 Main Street, Room 102
Santa Monica, California 90401
Attn: Maria Dacanay, Administrative Analyst
With a copy to:
City Attorney’s Office
1685 Main Street, Room 310
Santa Monica, California 90401
Attn: City Attorney
7.2 All notices, demands, requests or approvals to Consultant:
Granicus Government at Carahsoft
1860 Michael Faraday Drive, Suite 100
Reston, Virginia 20190
Attn: Kodja Schelte, Account Manager
5. There is added to the Agreement a new Section 25 entitled “Exhibits” which shall read as follows:
Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein:
Exhibit A Request for Proposal
Exhibit B Proposal
Exhibit C Terms
Exhibit D Insurance Requirements
Exhibit A-1 Scope of Services
Exhibit B-1 Budget
Exhibit A-2 Scope of Services
Exhibit B-2 Budget
Exhibit A-3 Terms
Exhibit B-3 Budget
6. All references to Consultant in the Original Agreement, the First Modification, the Second Modification, and this Third Modification shall be deemed to refer to Carahsoft.
7. The Agreement, as modified by this Third Modification, shall be deemed to have remained in effect throughout the entirety of the contract term, as extended by this Third Modification.
DocuSign Envelope ID: CF02F2EA-257E-488B-99B6-F82518E0AA51
5.P.a
Packet Pg. 775 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 4 8. Exhibit B-3, Budget, attached hereto is incorporated by this reference as if fully set forth herein.
9. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
CARAHSOFT TECHNOLOGY Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: CF02F2EA-257E-488B-99B6-F82518E0AA51 Lane Dilg
City Attorney
9/5/2019
9/6/2019
Kodja Schelte
Carahsoft Technology Corporation
Account Manager
9/10/2019
City Manager
Rick Cole
City Clerk
Denise Anderson-Warren
9/10/2019
5.P.a
Packet Pg. 776 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Exhibit A3
Terms
DocuSign Envelope ID: CF02F2EA-257E-488B-99B6-F82518E0AA51
5.P.a
Packet Pg. 777 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Legislative Management
As used herein, “Granicus” refers to Granicus LLC, a Minnesota Limited Liability Company. “Customer” or “End User” refers to the entity that executes a sales order with Reseller, Carahsoft Technology Group, for the Software.
By installing or using the licensed software fromGranicus, the End User (“Customer”) is agreeing to be bound by the Granicus Terms and Conditions found at https://granicus.com/pdfs/Master_Subscription_Agreement.pdf. The Software is protected under the laws of the United States and the individual states and by international treaty provisions. Granicus retains full ownership in the Software and grants to Customer a limited, nonexclusive, nontransferable license to use the Software, up to the limitations determined by the license purchased, subject to the following terms and conditions:
1. If the Software is an update to a previous version of the Software, you must possess a valid license to the previous version in order to use the Update. Customer agrees to install all updates, including any enhancements, for the Software in accordance with the instructions provided by Granicus. Granicus is committed to providing 99% uptime and availability.
2. All hosted data belongs to the Customer. Within ninety (90) calendar days following termination of this Agreement, Accela will provide a complete copy of Customer’s data.
3. Subscription terms are twelve (12) calendar months in duration. Carahsoft reserves the right to increase the annual fees by up to 7% during renewal at the anniversary date.
DocuSign Envelope ID: CF02F2EA-257E-488B-99B6-F82518E0AA51
5.P.a
Packet Pg. 778 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Exhibit B-3
Budget
As shown in the attached Government-Price Quotation, for Fiscal Year 2019-2020 (July 1, 2019 through June 30, 2020) the City will compensate Carahsoft an amount not to exceed $18,930, to be paid in the form of a monthly service & maintenance fee not to exceed $1,577.50 upon receipt of a monthly invoice.
Renewal Options
As shown in the attached Government-Price Quotation, should the City exercise its options to renew for the Option Terms, the City will compensate Carahsoft in amounts not to exceed the following:
Option Term 1: Fiscal Year 2020-2021 (July 1, 2020 through June 30, 2021) Total amount not to exceed $20,255.15, to be paid in the form of a monthly service & maintenance fee not to exceed $1,687.93 upon receipt of a monthly invoice.
Option Term 2: Fiscal Year 2021-2022 (July 1, 2021 through June 30, 2022) Total amount not to exceed $21,673.08, to be paid in the form of a monthly service & maintenance fee not to exceed $1,806.09 upon receipt of a monthly invoice.
DocuSign Envelope ID: CF02F2EA-257E-488B-99B6-F82518E0AA51
5.P.a
Packet Pg. 779 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
GOVERNMENT- PRICE QUOTATION
Granicus at Carahsoft
QUOTE DATE:
QUOTE NO:
06/13/2019
16290846
CONFIDENTIAL
PAGE 1 of 2
1860 MICHAEL FARADAY DRIVE | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | [email protected]
TO: Esterlina Lugo
Deputy City Clerk
City of Santa Monica
1685 Main Street, Suite 102
Santa Monica, CA 90401 USA
FROM: Kodja Schelte
Granicus Government at Carahsoft
1860 Michael Faraday Drive
Suite 100
Reston, Virginia 20190
EMAIL:
PHONE:
[email protected]
(310) 458-8211
EMAIL: [email protected]
PHONE: (703) 921-4085 FAX: (703) 871-8505
TERMS: FTIN: 52-2189693
Shipping Point: FOB Destination
QUOTE NO: 16290846
QUOTE DATE: 06/13/2019
Remit To: Same as Above
Cage Code: 1P3C5
QUOTE EXPIRES: 07/15/2019
Payment Terms: Net 30 (On Approved Credit) RFQ NO:
DUNS No: 088365767 SHIPPING: ESD
Credit Cards: VISA/MasterCard/AMEX TOTAL PRICE:
Sales Tax May Apply
$18,930.00
TOTAL QUOTE: $18,930.00
LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE YEAR 1
1 607- Granicus IQM2 - Agenda & Minutes T07 P75-100K $1,577.50 OM SS60AA&MT07CI01- City/Town/Village Renewal - Annual Subscription R3 (3rd Renewal Term)
Granicus - SS60AA&MT07CI01-R3
Start Date: 07/01/2019
End Date: 06/30/2020
12 $18,930.00
SUBTOTAL: $18,930.00
TOTAL PRICE: $18,930.00
TOTAL QUOTE: $18,930.00
SUGGESTED OPTIONS
LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE RENEWAL OPTION YEAR 2
2 607- Granicus IQM2 - Agenda & Minutes T07 P75-100K $1,687.93 OM SS60AA&MT07CI01- City/Town/Village Renewal - Annual Subscription R4 (4th Renewal Term)
Granicus - SS60AA&MT07CI01-R4
Start Date: 07/01/2020
End Date: 06/30/2021
12 $20,255.16
RENEWAL OPTION YEAR 2 SUBTOTAL: $20,255.16
RENEWAL OPTION YEAR 3
3 607- Granicus IQM2 - Agenda & Minutes T07 P75-100K $1,806.09 OM SS60AA&MT07CI01- City/Town/Village Renewal - Annual Subscription R5 (5th Renewal Term)
Granicus - SS60AA&MT07CI01-R5
Start Date: 07/01/2021
End Date: 06/30/2022
12 $21,673.08
RENEWAL OPTION YEAR 3 SUBTOTAL: $21,673.08
DocuSign Envelope ID: CF02F2EA-257E-488B-99B6-F82518E0AA51
5.P.a
Packet Pg. 780 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
GOVERNMENT- PRICE QUOTATION
Granicus at Carahsoft
QUOTE DATE:
QUOTE NO:
06/13/2019
16290846
CONFIDENTIAL
PAGE 2 of 2
1860 MICHAEL FARADAY DRIVE | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | [email protected]
LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE SUGGESTED SUBTOTAL: $41,928.24
DocuSign Envelope ID: CF02F2EA-257E-488B-99B6-F82518E0AA51
5.P.a
Packet Pg. 781 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 1 FOURTH MODIFICATION OF AGREEMENT NO. 9784 (CCS)
This Fourth Modification of Agreement Number 9784 (CCS) (“Fourth Modification”), executed as of _________________, 2022 (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Carahsoft Technology Corporation (“Carahsoft” also referred to as “Consultant”) is made with reference to the following:
RECITALS
A. On or about October 7, 2013, the City, Carahsoft and IQM2, Inc. (“IQM2”) entered into Agreement Number 9784 (CCS) (“Original Agreement”) for IQM2 to provide to the City, in conjunction with Carahsoft, an agenda management system (the “Agenda Management System”) in the form of software, professional services, and web hosting services.
B. On or about May 6, 2014, the City and IQM2 entered into a First Modification of Agreement Number 9784 (CCS) (“First Modification”) which included additional services to be performed by IQM2, in conjunction with Carahsoft, to enhance the Agenda Management System and increased the compensation to be paid under the Original Agreement to reflect the additional services.
C. On or about June 4, 2014, IQM2 was acquired by Accela, Inc. (“Accela”), which assumed responsibility, in conjunction with Carahsoft, for providing the Agenda Management System.
D. On or about March 13, 2018, Accela sold the Agenda Management System to Granicus, Inc. (“Granicus”), which assumed responsibility, in conjunction with Carahsoft, for providing the Agenda Management System.
E. On or about July 10, 2018, the City and Carahsoft entered into a Second Modification of Agreement Number 9784 (CCS) (“Second Modification”) which extended the term of the Original Agreement to June 30, 2019 and set the compensation to be paid during the extended term. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.”
F. On or about September 10, 2019, the City and Carahsoft entered into a Third Modification of Agreement Number 9784 (CCS) (“Third Modification”) which extended the term of the Original Agreement to June 30, 2019 and set the compensation to be paid during the extended term. The Original Agreement, First Modification, Second Modification and Third Modification may be referred to collectively herein as “the Agreement.” G. The City and Carahsoft desire to modify the Agreement as set forth in this Fourth Modification.
DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 6/30/2022
5.P.a
Packet Pg. 782 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 2 TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following:
Term. This Agreement begins on the Execution Date and terminates on June 30, 2023, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
2. Section 5 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following:
Compensation. The City will compensate Consultant for Services performed as set forth in Exhibits C, Terms, and B-1, Budget (for Services provided by, through, or in conjunction with IQM2); Exhibits A-2, Scope of Services, and B-2, Budget (for Services provided by, through, or in conjunction with Accela); and Exhibits B-2, Budget, and B-3, Budget (for Services provided by, through, or in conjunction with Granicus or any entity that assumes from Granicus responsibility for providing Services). Compensation to Consultant for Services performed during the period July 1, 2022 through June 30, 2023, shall not exceed $23,190, as set forth in Exhibit B-4, Budget. The total compensation to be paid by City for Services pursuant to the Original Agreement, the First Modification, the Second Modification, the Third Modification, and the Fourth Modification shall not exceed $188,614.
3. Sections 7.1 and 7.2 of the Agreement, which provide the addresses for notices, demands, requests or approvals to be given under the Agreement, are deleted in their entirety and replaced with the following:
7.1 All notices, demands, requests or approvals to the City:
City of Santa Monica
City Clerk’s Office
1685 Main Street, Room 102
Santa Monica, California 90401
Attn: Maria Dacanay, Administrative Analyst
With a copy to:
City Attorney’s Office
1685 Main Street, Room 310
Santa Monica, California 90401
Attn: Douglas Sloan, City Attorney
DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350
5.P.a
Packet Pg. 783 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 3 7.2 All notices, demands, requests or approvals to Consultant:
Carahsoft Technology Corp.
11493 Sunset Hills Road, Suite 100
Reston, Virginia 20190
Attn: Kristina Smith, Contracts Manager
4. There is added to the Agreement a new Section 4 entitled “Exhibits” which shall read as follows:
Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein:
Exhibit A Request for Proposal
Exhibit B Proposal
Exhibit C Terms
Exhibit D Insurance Requirements
Exhibit A-1 Scope of Services
Exhibit B-1 Budget
Exhibit A-2 Scope of Services
Exhibit B-2 Budget
Exhibit A-3 Terms
Exhibit B-3 Budget
Exhibit A-4 Terms
Exhibit B-4 Budget
5. All references to Consultant in the Original Agreement, the First Modification, the Second Modification, the Third Modification, and this Fourth Modification shall be deemed to refer to Carahsoft.
6. The Agreement, as modified by this Fourth Modification, shall be deemed to have remained in effect throughout the entirety of the contract term, as extended by this Fourth Modification.
7. Exhibit B-4, Budget, attached hereto is incorporated by this reference as if fully set forth herein.
8. Except as expressly modified by this Fourth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350
5.P.a
Packet Pg. 784 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 4 IN WITNESS WHEREOF, the parties have executed this Fourth Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
CARAHSOFT TECHNOLOGY Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DOUGLAS SLOAN City Attorney
Kristina Smith Contracts Manager
Carahsoft Technology Corp.
DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 Denise Anderson-Warren City Clerk David White City Manager
5.P.a
Packet Pg. 785 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Exhibit A4
Terms
DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350
5.P.a
Packet Pg. 786 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 787
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 788
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 789
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 790
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 791
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 792
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 793
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 794
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Exhibit B-4
Budget
As shown in the attached Government-Price Quotation, for Fiscal Year 2022-2023 (July 1, 2022 through June 30, 2023) the City will compensate Carahsoft an amount not to exceed $23,190, to be paid in the form of a monthly service & maintenance fee not to exceed $1932.50 upon receipt of a monthly invoice.
DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350
5.P.a
Packet Pg. 795 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 796
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 797
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 798
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 DocuSign Envelope ID: 79E37464-087B-4B29-8386-77BDF7BE6350 5.P.a Packet Pg. 799
Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 1 SIXTH MODIFICATION OF AGREEMENT NO. 9784 (CCS)
This Sixth Modification of Agreement Number 9784 (CCS) (“Sixth Modification”), executed on ___________, and effective as of January 2, 2024 (“Effective Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Carahsoft Technology Corporation (“Carahsoft” also referred to as “Consultant”) is made with reference to the following:
RECITALS
A. On or about October 7, 2013, the City, Carahsoft and IQM2, Inc. (“IQM2”) entered into Agreement Number 9784 (CCS) (“Original Agreement”) for IQM2 to provide to the City, in conjunction with Carahsoft, an agenda management system (the “Agenda Management System”) in the form of software, professional services, and web hosting services.
B. On or about May 6, 2014, the City and IQM2 entered into a First Modification of Agreement Number 9784 (CCS) (“First Modification”) which included additional services to be performed by IQM2, in conjunction with Carahsoft, to enhance the Agenda Management System and increased the compensation to be paid under the Original Agreement to reflect the additional services.
C. On or about June 4, 2014, IQM2 was acquired by Accela, Inc. (“Accela”), which assumed responsibility, in conjunction with Carahsoft, for providing the Agenda Management System.
D. On or about March 13, 2018, Accela sold the Agenda Management System to Granicus, Inc. (“Granicus”), which assumed responsibility, in conjunction with Carahsoft, for providing the Agenda Management System.
E. On or about July 10, 2018, the City and Carahsoft entered into a Second Modification of Agreement Number 9784 (CCS) (“Second Modification”) which extended the term of the Original Agreement to June 30, 2019 and set the compensation to be paid during the extended term. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.”
F. On or about September 10, 2019, the City and Carahsoft entered into a Third Modification of Agreement Number 9784 (CCS) (“Third Modification”) which extended the term of the Original Agreement to June 30, 2019 and set the compensation to be paid during the extended term.
G. On or about June 30, 2022, the City and Carahsoft entered into a Fourth Modification of Agreement Number 9784 (CCS) (“Fourth Modification”) which extended the term of the Original Agreement to June 30, 2023 and set the compensation to be paid during the extended term.
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3 3/1/2024
5.P.b
Packet Pg. 800 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 2 H. On or about July 1, 2023, the City and Carahsoft entered into a Fifth Modification of Agreement Number 9784 (CCS) (“Fifth Modification”) which extended the term of the Original Agreement to January 1, 2024 and set the compensation to be paid during the extended term. The Original Agreement, First Modification, Second Modification, Third Modification, Fourth Modification and Fifth Modification may be referred to collectively herein as “the Agreement.” I. The City and Carahsoft desire to modify the Agreement as set forth in this Sixth Modification.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Term. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following:
Term. This Agreement begins on the Effective Date and terminates June 30,2024 (the “Sixth Modification Extension Term”), unless terminated earlier as set forth in the Agreement or extended by the parties in writing. The City shall have the option, at its discretion, to extend the Agreement for one (1) additional 6-month term (an “Optional Term”).
2. Compensation. Section 5 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following:
Compensation. The City will compensate Consultant for Services performed as set forth in Exhibits C, Terms, and B-1, Budget (for Services provided by, through, or in conjunction with IQM2); Exhibits A-2, Scope of Services, and B-2, Budget (for Services provided by, through, or in conjunction with Accela); and Exhibits B-2, Budget, B-3, Budget and B-4, Budget (for Services provided by, through, or in conjunction with Granicus or any entity that assumes from Granicus responsibility for providing Services). Compensation to Consultant for Services performed during the Sixth Modification Extension Term shall not exceed $12,754.58, and for the Optional Term shall not exceed $14,030.03, as set forth in Exhibit A-6, Budget. The total compensation to be paid by City for Services pursuant to the Original Agreement, the First Modification, the Second Modification, the Third Modification, the Fourth Modification, the Fifth Modification, and the Sixth Modification shall not exceed $228,153.61.
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3
5.P.b
Packet Pg. 801 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 3 3. Notices. Sections 7.1 and 7.2 of the Agreement, which provide the addresses for notices, demands, requests or approvals to be given under the Agreement, are deleted in their entirety and replaced with the following:
7.1 All notices, demands, requests or approvals to the City:
City of Santa Monica
City Clerk’s Office
1685 Main Street, Room 102
Santa Monica, California 90401
Attn: Maria Dacanay, Administrative Analyst
With a copy to:
City Attorney’s Office
1685 Main Street, Room 310
Santa Monica, California 90401
Attn: Douglas Sloan, City Attorney
7.2 All notices, demands, requests or approvals to Consultant:
Granicus Government at Carahsoft
11493 Sunset Hills Road, Suite 100
Reston, Virginia 20190
Attn: Mandi Queen, Account Manager
4. Exhibits. Section 4 entitled “Exhibits” shall be amended to read as follows:
Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein:
Exhibit A Request for Proposal
Exhibit B Proposal
Exhibit C Terms
Exhibit D Insurance Requirements
Exhibit A-1 Scope of Services
Exhibit B-1 Budget
Exhibit A-2 Scope of Services
Exhibit B-2 Budget
Exhibit A-3 Terms
Exhibit B-3 Budget
Exhibit A-4 Terms
Exhibit B-4 Budget
Exhibit A-5 Terms
Exhibit B-5 Budget
Exhibit A-6 Terms and Budget
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3
5.P.b
Packet Pg. 802 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) 4 5. References to Consultant. All references to Consultant in the Original Agreement, the First Modification, the Second Modification, the Third Modification, the Fourth Modification, the Fifth Modification and this Sixth Modification shall be deemed to refer to Carahsoft.
6. Agreement in Effect. The Agreement, as modified by this Sixth Modification, shall be deemed to have remained in effect throughout the entirety of the contract term, as extended by this Sixth Modification.
7. Execution in Counterparts. This Sixth Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Sixth Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
8. All Other Terms and Conditions in Effect. Except as expressly modified by this Sixth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Sixth Modification as of the date and year first written above.
ATTEST:
______________________________
NIKIMA S. NEWSOME
Interim City Clerk
APPROVED AS TO FORM:
DOUGLAS SLOAN
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
DAVID WHITE
City Manager
CARAHSOFT TECHNOLOGY
Corporation
VENDOR #359017
By: _________________________
Kristina Smith, Contract Manager
1/24/24
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3 2/29/2024
3/1/2024
5.P.b
Packet Pg. 803 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Exhibit A-6
Terms and Budget
As shown in the attached Government-Price Quotation, the City will compensate Carahsoft in an amount not to exceed $12,754.58 for the Sixth Modification Extension Term.
Renewal Option
As shown in the attached Government-Price Quotation, should the City exercise its option to renew for the Option Term, the City will compensate Carahsoft in amount not to exceed $14,030.03 for the period of July 1, 2024 through December 31, 2024.
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3
5.P.b
Packet Pg. 804 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
GOVERNMENT- PRICE QUOTATION
Granicus at Carahsoft
11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | [email protected]
PAGE 1 of 2
QUOTE DATE:
QUOTE NO:
02/16/2024
40958843
TO: Maria Dacanay-Wisner
Admin Analyst-Records & Election Svcs, MMC
FROM: Mandi Queen
Granicus at Carahsoft
Santa Monica City Clerks Office
1685 Main Street
Room 102
11493 Sunset Hills Road
Suite 100
Reston, Virginia 20190
Santa Monica, CA 90401 USA
EMAIL: [email protected] EMAIL: [email protected] PHONE: (310) 458-8211 PHONE: (571) 662-3051 FAX: (703) 871-8505 TERMS: GSA Schedule No: 47QSWA18D008F
Term: August 22, 2018 - August 21, 2028
FTIN: 52-2189693
Shipping Point: FOB Destination
Credit Cards: VISA/MasterCard/AMEX
Remit To: Same as Above
Payment Terms: Net 30 (On Approved Credit)
Cage Code: 1P3C5
DUNS No: 088365767
UEI: DT8KJHZXVJH5
Business Size: Other than Small
Sales Tax May Apply
QUOTE NO: 40958843
QUOTE DATE: 02/16/2024
QUOTE EXPIRES: 03/17/2024
RFQ NO:
SHIPPING: ESD
TOTAL PRICE: $12,754.58
TOTAL QUOTE: $12,754.58
LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE
RENEWING SUBSCRIPTION FEES
1 GR-IQM2-AM IQM2 - Agenda & Minutes each Annual SubscriptionRenewable only Prorated Amount
Granicus - SAS-SE-ME-IQM2-AM
$12,754.58 GSA 1 $12,754.58
Start Date: 01/02/2024
End Date: 07/01/2024
SUBTOTAL: $12,754.58
TOTAL PRICE: $12,754.58
TOTAL QUOTE: $12,754.58
SUGGESTED OPTIONS
LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE
FUTURE YEAR PRICING
2 GR-IQM2-AM IQM2 - Agenda & Minutes each Annual SubscriptionRenewable only Granicus - SAS-SE-ME-IQM2-AM
Start Date: 07/02/2024
End Date: 01/01/2025
$14,030.03 GSA 1 $14,030.03
SUGGESTED SUBTOTAL: $14,030.03
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3
5.P.b
Packet Pg. 805 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
GOVERNMENT- PRICE QUOTATION
Granicus at Carahsoft
11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | [email protected]
PAGE 2 of 2
QUOTE DATE:
QUOTE NO:
02/16/2024
40958843
Payment Terms: Net 30 (Paymentsforsubscriptions are due at the beginning of the period of performance.) Period of Performance: This Agreement shall become effective on 02 Jan 2024 and continue through 01 Jul 2024. Client will have the option to renew this Agreement for 1 period(s) of 1 year each.
Client must award all upcoming and future subscription terms listed in the proposal to be eligible for the pricing noted herein. 02 Jan 2024 - 01 Jul 2024
For govDelivery Customers Only:
Potential Users are based on the greater of quarterly website visits to the domains covered by a license or the subscriber base multiplied by 12, less 20% to account for inactive subscribers.
This quote, and all products and services delivered hereunder are governed by the terms negotiated between Carahsoft and the City of Santa Monica on Jan 24, 2024.
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3
5.P.b
Packet Pg. 806 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) THIS IS NOT AN INVOICE Order Form
Prepared for
Santa Monica, CA
Order #: Q-320609
Prepared: 05 Jan 2024
Granicus Order Form for Santa Monica, CA
ORDER DETAILS
Granicus Contact: Korgbae Freeman
Email: [email protected]
Order #: Q-320609
Prepared On: 05 Jan 2024
Currency: USD
Payment Terms: All fees set forth in the Quote from reseller/distributor to Client are due and payable in accordance with those terms. Use of the Products is governed by the terms of the Granicus Master Subscription Agreement or such other Agreement as agreed to by the parties.
Period of Performance: This Agreement shall become effective on 02 Jan 2024 and continue through 01 Jul 2024. Client will have the option to renew this Agreement for 1 period(s) of 1 year each.
02 Jan 2024 - 01 Jul 2024
ORDER TERMS
Current Subscription
End Date: 01 Jan 2024
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3
5.P.b
Packet Pg. 807 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Order Form
Prepared for
Santa Monica, CA
Order #: Q-320609
Prepared: 05 Jan 2024
PRODUCT SUMMARY
The specifications and terms within this Order Form are specific to the products and volumes contained herein.
NOTE: Fees for the below Products will be as set forth in the quote from an authorized reseller.
Renewing Subscriptions
Solution Period of Performance Billing Frequency Quantity/Unit IQM2 - Agenda & Minutes 02 Jan 2024 - 01 Jul 2024 Annual 1 Each DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3
5.P.b
Packet Pg. 808 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Order Form
Santa Monica, CA
Order #: Q-320609
Prepared: 05 Jan 2024
PRODUCT DESCRIPTIONS
Solution Description
IQM2 - Agenda & Minutes Easily prepare for meetings, approve agenda items, generate documents, create meeting packets and capture minutes.
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3
5.P.b
Packet Pg. 809 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Order Form
Santa Monica, CA
Order #: Q-320609
Prepared: 05 Jan 2024
TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms negotiated between Carahsoft and the City of Santa Monica on Jan 24, 2024.
DocuSign Envelope ID: 21977266-6557-42AF-AAB3-F5E5FC0FF6D3
5.P.b
Packet Pg. 810 Attachment: Contract 9784, Sixth Modification (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
5.P.c
Packet Pg. 811 Attachment: Oaks Initiative Form (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
5.P.c
Packet Pg. 812 Attachment: Oaks Initiative Form (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________
5.P.d
Packet Pg. 813 Attachment: Levine Act Form [Revision 1] (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
5.P.d
Packet Pg. 814 Attachment: Levine Act Form [Revision 1] (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.Q
1 of 4
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Authorization to Accept the U.S. Department of Justice's FY2024 Law Enforcement Mental Health and Wellness Act Grant
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $200,000 from the U.S. Department of Justice’s Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant Program for mental health support in the Police Department, and to accept all grant renewals.
2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.
3. Adopt a finding that the award grant is not a project subject to the California Environmental Quality Act
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
Summary
Over the last four years, the Santa Monica Police Department (“SMPD”) has experienced unprecedented levels of fatigue and burnout coupled with a lack of mental health wellness tools to deal with stress and trauma, which adversely affects officer’s ability to provide the community with the service they deserve. The US Department of Justice recently awarded the City a $200,000 grant to promote mental health and wellness for SMPD personnel. SMPD intends to utilize the grant funding to (1) Deliver mindfulness training to support SMPD personnel’s emotional and mental health, (2) Provide tools for stress reduction and resilience, and (3) Design an application to provide on-demand mental health support services. The grant term is for two years and no local match is required.
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To meet the goals of this action plan, SMPD will collaborate with subject matter experts in the local area and community members who are invested in the well-being of SMPD personnel and who are committed to helping the organization build a culture where mental health is prioritized and not stigmatized.
Discussion
The Law Enforcement Mental Health and Wellness Act (“LEMHWA”) was enacted in 2018 to address the mental health needs of law enforcement officers. The LEMHWA grant is a key component of this legislation, providing funding to support the development and implementation of mental health and wellness programs for law enforcement agencies.
The LEMHWA grant is administered by the U.S. Department of Justice’s Bureau of Justice Assistance (BJA). The grant is available to state, local, and tribal law enforcement agencies to support programs that promote mental health and wellness among their officers. The grant can be used to fund a range of activities including:
• Developing and implementing peer support programs to provide officers with emotional support and assistance during difficult times. • Providing training on stress management, resilience, and mental health awareness to law enforcement officers.
• Establishing or enhancing crisis intervention teams to provide officers with access to mental health services.
• Conducting research on the mental health needs of law enforcement officers and identifying best practices for supporting their well-being. • Providing mental health services to law enforcement officers, including counseling, therapy, and other forms of treatment.
The Santa Monica Police Department plans to leverage these funds to provide wellness and resiliency resources to its personnel. The Department will use the LEMHWA
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funding toward a Resiliency and Wellness Action Plan, which will be implemented in three progressive stages: stage one will include mindfulness training through the Mindfulness in Policing Program designed by the University of California, Los Angeles for line-level patrol, stage two will be a train-the-trainer model of mindfulness and emotional regulation through the Peace Officer Wellness, Empathy & Resilience (POWER) Training Program through the Center for Council, and the last stage will be the execution of an on-demand mental health support application. There are no future funding implications by accepting this grant. The nature of the program is to provide wellness and resiliency training to SMPD personnel. If future funding becomes available, staff may look to continue the on-demand mental health application, but at this moment, there are no plans to continue this service past the grant term.
By providing officers with the appropriate tools to combat stress and trauma through experts trained in mindfulness and behavioral health, as well as mental health support services for all personnel, the Department will not only bring resilience and wellness to the officers but ensure the well-being of the Santa Monica community they serve.
Without the additional grant funds, the opportunity to provide this training would not be possible. Using this grant will meet unfunded needs and will serve to improve the quality of life and work environment of the employees of the Santa Monica Police Department. The grant will cover a two-year period and staff anticipate utilizing all of the funding during that term. The training portion will allow PD personnel to in essence become “trainers” themselves in the subject matter.
Environmental Review
The award grant is not a “project” subject to CEQA. The grant would provide mental health support services that are administrative in nature. Pursuant to CEQA Section 21065, the grant does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Therefore, the acceptance of the grant is not subject to CEQA.
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Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the U.S Department of Justice’s Law Enforcement Mental Health and Wellness Act grant program for mental health support.
Approval of the recommended action requires the following budget amendment. FY 2024-25 Grant Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20180001.405932 $200,000 20180001.556632 $200,000
If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.
Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
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City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.R
1 of 5
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Award an Agreement with Axon Enterprises, Inc. for Taser Devices for the Police Department
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute an agreement with Axon Enterprises, Inc. for Taser 10 devices for the Police Department. This recommended award is made as an exemption to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $1,840,000 over a five-year period, with future year funding contingent on Council budget approval.
Summary
The Santa Monica Police Department (“SMPD”) currently utilizes the Taser Model 7 device. The Taser 7 is a conductive energy device (“CED”) which is a self-defense tool relied upon by officers to overcome the resistance presented by violent or combative suspects. The Police Department’s current Taser 7 equipment is approaching the end of its expected useful life, and its current warranty expires in January 2026. After that date, the equipment will no longer be serviced by Axon Enterprises, Inc. (“Axon”), thereby rendering any units requiring maintenance or software updates unusable.
Axon’s latest conductive energy device, the Taser 10, has significant improvements and reliability over the current devices utilized by SMPD. City staff recommends that the Council authorize the City Manager to negotiate and execute an agreement with Axon in
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the amount $1,840,000 over a five-year period, for the Taser 10 devices for the Police Department.
Discussion
It is the policy of SMPD that all its members hold the highest regard for the sanctity of human life, and the dignity and liberty of all persons. Each member of SMPD is entrusted with being a guardian of public safety, and the decision to use force, even at its lowest level, is a serious responsibility. When feasible, and after considering the totality of circumstances, SMPD personnel shall utilize de-escalation strategies and techniques to minimize, divert, or eliminate conflicts and uses of force. Decisions regarding use of force must be made in a manner that is fair and unbiased.
Every sworn and custody officer of the SMPD is provided with equipment, training, and skills to assist in the apprehension and control of suspects as well as the protection of officers and the public. One of the less lethal force tools utilized by the SMPD is the taser, a CED manufactured by Axon Enterprises, Inc. The taser is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury to both the officer and the individual. SMPD anticipates that the appropriate use of such devices will continue to result in fewer serious injuries to both police personnel and suspects. Only members who have successfully completed Department-approved training are issued and approved to carry a taser device. Taser devices are used when it is reasonably necessary to control a person who is:
• Violent, actively aggressive, and poses an immediate threat to the safety of an officer or others;
• By their words or actions demonstrates the intention to be violent or to physically resist, and reasonably appears to pose an immediate threat to the safety of themselves, officer(s) or others.
SMPD has deployed CED’s since the early 1990s. These devices have repeatedly proven themselves to be a valuable tool that has significantly changed the way law
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enforcement deals with violent and resistive suspects. It has been credited by multiple studies with reducing injuries to both suspects and officers. The Santa Monica Police Department has only deployed conductive energy weapons manufactured by Axon Enterprises, Inc. (formerly known as Taser International) for two primary reasons. First, Axon shares the Department’s goal to uphold the sanctity of life in their “Moonshot Goal” to reduce gun-related deaths between police and the public by 50% in the next 10 years. Second, Axon is the only manufacturer to provide a consistently reliable product of this type in the market that has been studied and been subject to favorable rulings in litigation.
Axon has recently introduced the Taser 10 CED, which offers significant technological improvements over the Department’s existing Taser 7 CED. Axon CEDs have technological features that are patented and proprietary in nature; therefore, none of these features can be acquired from any other CED manufacturer. Examples of the Taser 10 new features and improvements include:
• Increased range to 45 feet, allowing for a safer distance to de-escalate or take action.
• Improved penetration to address loose or thick clothing worn by a subject. • Improved “Neuromuscular Incapacitation” and effectiveness by creating the desired dart spread.
• Integration with Axon VR to increase training opportunities and reduce training round costs
One noticeable impact in the transition from Taser 7 to Taser 10 will be the potential for reduced dart consumption and replacement, both in field use as well as in training.
Currently, a Taser 7 deployment utilizes one cartridge which contains two darts. If that deployment is ineffective due to a miss or clothing obstruction, two more darts are deployed. Likewise, annual recertification currently requires firing two “Live” cartridges (4 darts) to demonstrate proficiency. After transitioning to the Taser 10, each cartridge holds 10 individual darts fired one-at-a-time. This not only allows the user to create the
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necessary dart spread to apprehend the subject, but if one dart misses or is obstructed, then potentially only one more dart would be needed. Additionally, because Taser 10 integrates with Axon’s Virtual Reality training platform, users can maintain proficiency or improve decision making through Virtual Reality scenarios without the need for the current quantity of cartridges used for training purposes. Finally, the Taser 10 CEDs have an asset life of five years, which represents no loss in reliability from the previous model.
Vendor Selection
Exception to Competitive Bidding
Staff recommends Axon Enterprises Inc to furnish and deliver/provide Taser 10 devices as an exception to competitive bidding per Muni Code 2.24.250 (c): Competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the good or services are supplied to the City at the same or better price.
On December 21, 2022, the University of Nebraska entered into Contract #3544-21-4615 with Axon Enterprises, Inc for the Purchase of Body Worn Cameras and Related Products and Services, which included the Taser 10 devices. This contract was amended on May 18, 2023 extending the contract term through December 20, 2030. Under the terms of the contract, the City of Santa Monica seeks to piggyback from the University of Nebraska’s contract under the same terms and prices. c. competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price;
Environmental Review
The purchase agreement for taser devices is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement would provide tasers for use by the SMPD. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.
Past Council Actions
Meeting Date Description
12/15/20 (attachment
A)
Approval of Purchase Order with Axon Enterprises, Inc for Purchase of Taser for Police Department
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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award an agreement with Axon Enterprises, Inc. for Taser 10 devices for the Police Department.
Agreement Request
FY 2024-25
Request Amount Future Years Department Account #
Total Contract
Amount
$417,674 $1,422,326 01180005.529230 $1,840,000
Future year funding is contingent on Council budget approval.
Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. December 15, 2020 Staff Report (Web Link)
B. Levine Act Disclosure Form - AXON
C. Oaks Initiative Form - Axon
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City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/ /boards/.
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ ✔
Docusign Envelope ID: 804768D6-15B6-4020-A84D-05DE37148BC0
5.R.b
Packet Pg. 824 Attachment: Levine Act Disclosure Form - AXON (6769 : Approval of Taser 10 Contract) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
Robert E. Driscoll Jr. Deputy General Counsel Axon Enterprise, Inc.
Docusign Envelope ID: 804768D6-15B6-4020-A84D-05DE37148BC0 11/6/2024 | 3:46 PM MST
5.R.b
Packet Pg. 825 Attachment: Levine Act Disclosure Form - AXON (6769 : Approval of Taser 10 Contract)
5.R.c
Packet Pg. 826 Attachment: Oaks Initiative Form - Axon (6769 : Approval of Taser 10 Contract) City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.S
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Resource Recovery & Recycling
Subject: Approval of Fourth Contract Modification with Clean Earth Environmental Solutions, Inc. for Hazardous Waste Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Section 15301 and Section 15308 of the California Environmental Quality Act (CEQA) guidelines; and
2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #11051 (CCS) in an amount not to exceed $1,118,000 with Clean Earth Environmental Solutions, Inc. for hazardous waste services for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $2,198,000, with future year funding contingent on Council budget approval.
Summary
In compliance with California regulations and the City’s commitment to the environment, the City uses the services of Clean Earth Environmental Solutions, Inc. (Clean Earth) for:
• Support of the residential household hazardous waste (HHW) door-to-door collections program; and
• Transportation, recycling, and disposal services for hazardous waste generated by City operations, emergency response, and small quantity business generators that drop off at the City’s hazardous waste facility in the City Yards.
The cost of these services has increased since the contract execution in January 2021 due to unforeseen external factors. As a result, staff recommends that Council authorize
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a fourth modification to the City’s agreement with Clean Earth to increase the amount of the contract by $1,118,000. This will result in a five-year amended agreement with a new total amount not to exceed $2,198,000 for Clean Earth to continue to provide these services through the expiration of the contract in January 2026.
Discussion
According to the California Department of Resources Recycling and Recovery (CalRecycle), it is illegal to dispose of HHW in the garbage, storm drains, and on the street. Untreated toxic chemicals can pollute the environment and cause harm to animals and people. Typical HHW includes paints, adhesives, batteries, aerosols, fluorescent lamps, electronics, used oil, and pesticides.
Services Provided
The residential HHW door-to-door collections program was first introduced in the City as a pilot program in January 2011. The program is currently available to all residents, who after making a telephone or online appointment, will have their HHW collected and transported by a trained contracted hazmat technician from their home within five business days to an approved hazardous materials certified facility for further processing, recycling, and disposal. Residents do not pay extra for this service because the cost is funded by regular solid waste rates. In fiscal year 2023-24, a total of 1,564 households participated in the door-to-door program and 65,915 pounds of HHW were either safely discarded or diverted from landfills and recycled.
In addition, the HHW facility at the City Yards safely stores hazardous materials collected from in-house city operations, emergency response, and small quantity business generators. The HHW facility is staffed with one full-time City staff member (Hazardous Materials Technician) and one part-time contracted certified hazardous waste technician, who is trained in specialized packaging of hazardous waste and licensed to transport hazardous waste materials in metal drums to the processing facility.
Contract and Cost Increase
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In January 2021, staff executed the three-year contract with two one-year renewal options which are compensated at an increase based on a mutually agreeable index, such as the Consumer Price Index, not to exceed 7%. The contract also states: “In addition, Contractor may apply additional increases to cover extraordinary or unexpected increases in disposal costs at the incinerator, landfills, etc.” City staff were unaware of the unforeseen cost increases experienced by Clean Earth during the most recent rate study. Thus, costs were not factored into current solid waste rates. In January 2024, staff executed a second contract modification to revise pricing because of such extraordinary or unexpected increases due to, but not limited to, the following:
1. Disposal: Many of the disposal/incineration facilities where Clean Earth disposes waste have become full and cannot accept additional materials, so Clean Earth has had to go to alternate facilities farther away with higher priced disposal rates.
2. Supplies: Supply chain disruptions that began with the COVID-19 pandemic, and in some cases have been exacerbated by the war in Europe, have had significant impact. Clean Earth has been unable to procure reconditioned drums that it has been using for the waste materials. To continue to service clients, Clean Earth has been forced to purchase new drums, many of which are metal and more expensive than poly drums, which resulted in an unexpected increase in container costs by 40% or more. In another example, due to shortages and tariffs related to steel, steel prices increased approximately 254%, which made metal drums much more expensive.
3. Labor and Transportation: Shortages of qualified drivers to perform hazardous waste disposal services has led Clean Earth to pay significantly higher labor rates to third parties who provide drivers. This combined with increased fuel prices, have doubled Clean Earth’s transportation costs.
At the time of the second contract modification in January 2024, estimating the impact of these increased costs proved difficult. Now that nearly a full year has passed, staff has a firmer grasp of the financial impacts and have identified the need for additional contract authority through the term of the contract. Based on the year-to-date expenditures, staff estimates that $918,000 would be needed for the remainder of the contract term, plus an additional $200,000 in the event of unanticipated needs, for a
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total requested amount of $1,118,000. Staff plans to go out to bid in early 2025 for a new HHW collection and disposal contract and to reassess the financial feasibility of continuing the residential HHW door-to-door collections program at that time.
Environmental Review
The award agreement is categorically exempt from CEQA under Section 15301 and Section 15308 of the CEQA Guidelines. Section 15301 of the CEQA Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. Section 15308 exempts Class 8 projects consisting of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of the environment where the regulatory process involves procedures for protection of the environment. The agreement for household hazardous waste services would not result in any modifications to existing facilities, including the hazardous waste facility in the City Yards, and would ensure the safe and proper disposal of hazardous waste for protection of the environment. Therefore, the award agreement is exempt from CEQA pursuant to Section 15301 and 15308 of the CEQA Guidelines.
Past Council Actions
Meeting Date Description
06/23/20 (Attachment A) Original bid and award of agreement with Clean Earth Environmental Services, Inc. (previously known as
Stericycle Environmental Solutions) for hazardous waste services
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Resource Recovery and Recycling Fund to increase the amount of contract with Clean Earth Environmental Solutions, Inc. for hazardous waste services.
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Contract Modification Request
Contract #
Current
Authorized
Amount
FY 2024-25
Modified
Request Amount
Future Years
Amount Dept/CIP Account #
Total Revised
Contract
Amount
11051 $1,080,000 $561,000 $557,000 54500003.550070 $2,198,000 Future year funding is contingent on Council budget approval.
Prepared By: Patty Manalo, Administrative Analyst
Approved Forwarded to Council
Attachments:
A. Attachment A - June 23, 2020 Staff Report
B. Attachment B - September 28, 2024 - Third Modification C. June 23, 2020 Staff Report (web link)
D. Attachment C - Clean Earth Levine Form 2024
E. Attachment D - Clean Earth Oaks Form
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City Council
Report
City Council Meeting: June 23, 2020
Agenda Item: 3.C
1 of 6
To: Mayor and City Council
From: Susan Cline, Director, Public Works
Subject: Award of Contractual Services Agreement to Stericyle Environmental Solutions to Provide General and Hazardous Waste Disposal Recommended Action
Staff recommends that the City Council:
1. Award Bid # 257 to Stericycle Environmental Solutions to provide a household hazardous waste (HHW) door-to-door curbside collection program, hazardous waste management, transportation and disposal services of HHW for various City locations, staffing for the HHW Center, sewer diversion and wet well cleaning and waste disposal;
2. Authorize the City Manager to negotiate and execute a contractual services agreement with Stericycle Environmental Solutions in an amount not to exceed $630,000 (includes 20% contingency) for hazardous waste services required by the Resource Recycling, and Recovery Division for an initial term of three years, with two additional one-year renewal options in the amount of $220,000 for Year Four and $230,000 for Year Five, with an increase based on a mutually agreeable index such as the Consumer Price Index, and not to exceed 7%. In addition, Stericycle may apply additional increases to cover extraordinary or unexpected increases in disposal costs at the incinerators, landfills, etc., for a total amount not to exceed $1,080,000 over a five-year period, with future funding contingent upon Council budget approval.
3. Authorize the City Manager to negotiate and execute a contractual services agreement with Stericycle Environmental Solutions in an amount not to exceed $630,000 (includes 20% contingency) for hazardous waste services required by the Water Resources Division for three years, with two additional one-year renewal options in the amount of $210,000 each year, with an increase based on a mutually agreeable index such as the Consumer Price Index, and not to exceed 7%. In addition, Stericycle may apply additional increases to cover extraordinary or unexpected increases in disposal costs at the incinerators, landfills, etc., for a total amount not to exceed $1,050,000 over a five-year period, with future funding contingent upon Council budget approval.
4. Authorize the Director of Public Works to issue any necessary change orders or modifications to complete additional work within contract authority.
5. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report.
5.S.a
Packet Pg. 832 Attachment: Attachment A - June 23, 2020 Staff Report (6773 : Contract Modification of Contract #11051) 2 of 6
Summary
In compliance with state regulations and the City’s commitment to the environment, the City uses the services of Stericycle Environmental Solutions for:
• Support of the residential Household Hazardous Waste (HHW) door-to-door collections program;
• Transportation, recycling, and disposal services for hazardous waste generated by City operations, emergency response, small quantity business generators, or dropped off at the City’s HHW Center in the City Yards; and • Transportation, pumping, cleaning and disposal services for hazardous waste management when maintenance is performed on sewer diversion treatment units, wet well, and oil-water treatment interceptors for the Wastewater Division.
These services are provided under two separate contracts: one covers the disposal of hazardous waste generated by the City, small quantity business generators, and residents; the other covers the disposal of hazardous waste collected in the City’s sewer diversion units and interceptors. Both contracts end on June 30, 2020. After a formal Request for Proposals process, staff recommends Stericycle Environmental Solutions, Inc. to continue providing these services.
Discussion
According to the California Department of Resources Recycling and Recovery (CalRecycle), it is illegal to dispose of HHW in the garbage, storm drains, or on the street. Untreated toxic chemicals can pollute the environment and cause harm to animals and humans. Typical HHW includes paints, adhesives, batteries, aerosols, fluorescent lamps, electronics, used oil, and pesticides.
The Residential HHW Door-to-Door Collections Program was first introduced in the City as a pilot program in January 2011. The program is currently available to all residents.
After making a telephone or online appointment, a trained, contracted hazmat technician collects the HHW from the resident’s home within five days and transports the materials to an approved hazardous materials certified facility for further processing, recycling, and disposal. In fiscal year 2018-19, a total of 1,281 households participated
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Packet Pg. 833 Attachment: Attachment A - June 23, 2020 Staff Report (6773 : Contract Modification of Contract #11051) 3 of 6
in the Residential HHW Door-to-Door Collections Program, resulting in the collection of 78,665 pounds of HHW that were either safely discarded or diverted from landfills and recycled. The program currently costs the Resource Recovery and Recycling Fund $73 per appointment; residents do not pay extra for this service because the cost is funded by regular solid waste rates.
The Residential HHW Door-to-Door Collections Program was previously proposed to be terminated during the FY 2019-21 biennial budget cycle budget efficiencies exercise.
Soon after the budget submittal, the Santa Monica Community Recycling Center (commonly known as the Buy-Back Center) closed on June 15, 2019, eliminating a local outlet for Santa Monica residents to drop off recyclable items, including electronic waste, which is considered HHW. Community members have frequently inquired about the HHW program since the Buy-Back Center closed.
While not all cities provide this level of “white glove service,” Santa Monica residents have appreciated the convenience of having their HHW picked up from their homes for almost a decade, as opposed to taking the materials to the nearest Los Angeles County drop-off location at UCLA. The program diverts tens of thousands of pounds of HHW from landfills that residents might have otherwise thrown in their trash and reflects the City's commitment to sustainability and environmental stewardship. For these reasons, staff recommends retaining the Residential HHW Door-to-Door Collections Program.
In addition, the HHW Center at the City Yards safely stores hazardous materials collected from in-house city operations, emergency response, and small quantity business generators. The HHW center is staffed with one permanent Hazardous Materials Technician and two part-time contracted staff. Contracted staff are certified hazardous waste technicians who are trained in specialized packaging of hazardous waste and licensed to transport hazardous waste materials to the processing facility.
The City’s Wastewater Division also requires disposal of its hazardous waste from its sewer diversion treatment units, wet well, and oil-water treatment interceptors located at
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Packet Pg. 834 Attachment: Attachment A - June 23, 2020 Staff Report (6773 : Contract Modification of Contract #11051) 4 of 6
the City Yards, Santa Monica Urban Runoff Recycling Facility (SMURRF), and three other locations in the City.
Vendor Selection
Bidder Recommendation
Best Qualified Firm Stericycle Environmental Solutions
Evaluation Criteria Price; the ability, capacity and skill of the firm to perform the services; the capacity of the firm to perform both the technical inspections and the maintenance activities; the reputation and experience of the firm with stormwater infrastructure.
Municipal Code SMMC 2.24.180
Submittals Received
Stericycle Environmental
Solutions, Inc
NRC Environmental Services,
Inc.
Clean Harbors Environmental
Solutions, Inc.
IDR Environmental Services Advanced Chemical Transport, Inc.
RFP Data
Advertised in
(City Charter and SMMC) Vendors Downloaded Date Publicly Opened Santa Monica Daily Press 36 4/9/2020
Best Bidder Justification
An evaluation panel of representatives from two divisions including Water Resources and Resource Recovery and Recycling reviewed and ranked all proposals using the criteria set forth in the RFP. Pursuant to SMMC 2.24, staff recommends Stericycle Environmental Solutions, Inc. as the best qualified firm to provide hazardous waste management, transportation and disposal. Stericycle Environmental Solutions, Inc. was unanimously selected based on (including, but not limited to) the firm’s:
• Ability to provide all the required services by offering a highly integrated and comprehensive solution to meet the City’s hazardous waste needs; • Experience with similar projects with comparable municipalities and agencies; and • Subject matter expertise with hazardous waste management, transportation, and disposal.
As the incumbent service provider, Stericycle Environmental Solutions’ intricate knowledge of the City’s current program and facilities positions their local team to capitalize on the success, stability, and functionality of the City’s system currently in place, thus ensuring the program’s continuity and a smooth, risk-free transition.
5.S.a
Packet Pg. 835 Attachment: Attachment A - June 23, 2020 Staff Report (6773 : Contract Modification of Contract #11051) 5 of 6
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Resource Recovery and Recycling, Water, and Wastewater Funds to award two separate contracts with Stericycle Environmental Solutions. The first contract is for the management, transportation, recycling, and disposal of hazardous waste generated by City operations, emergency response, small quantity business generators, and residents. The second contract is for the disposal of hazardous waste generated from the City’s sewer diversion treatment units and interceptors.
FY 2020-21 Contract Request
Request Amount Account # Total Estimated Contract
Amount
$210,000 54500003.550070 $1,080,000
$150,000 51500001.529440 $750,000
$30,000 50500002.550010 $150,000
$30,000 50500003.550010 $150,000
Total $2,130,000
Award of the contracts requires the following budget changes:
FY 2020-21 Budget Changes
Appropriate Funds
Account Number Amount
54500003.550070 $110,000
Total $110,000
Future year funding is contingent on Council budget approval.
5.S.a
Packet Pg. 836 Attachment: Attachment A - June 23, 2020 Staff Report (6773 : Contract Modification of Contract #11051) 6 of 6
Prepared By: Thomas Poon, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. Oaks Initiative (Stericycle)
5.S.a
Packet Pg. 837 Attachment: Attachment A - June 23, 2020 Staff Report (6773 : Contract Modification of Contract #11051) 1 Rev. October 2023
THIRD MODIFICATION OF AGREEMENT NO. 11051 (CCS)
This Third Modification of Agreement Number 11051 (CCS) (“Third Modification”), entered into as of ________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Clean Earth Environmental Solutions, Inc. Corporation (“Clean Earth”), is made with reference to the following:
RECITALS
A. On or about^01/19/2021, the City and Clean Earth entered into Agreement Number 11051 (CCS) for Household Hazardous Waste Services (“Original Agreement”).
B. On or about^03/22/2021, the City and Clean Earth entered into a First Modification of Agreement Number 11051 (CCS) (“First Modification”), which specified and included pricing for Household Hazardous Waste Residential Door-to-Door Collections by Clean Earth.
C. On or about 01/19/2024, the City and Clean Earth entered into a Second Modification of Agreement Number 11051 (CCS) (“Second Modification”), which increased the agreement prices for Household Hazardous Waste Door-to-Door Services and specified Household Hazardous Waste Services. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.”
D. The City and Clean Earth desire to modify the Agreement to include additional pricing addendums for hazardous waste material types not included in the Agreement.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Exhibit B Modified. Exhibit B of the Agreement is hereby amended to include Exhibit B3, to be approved by the Resource Recovery and Recycling Manager on an as-needed basis, and which is incorporated by reference into this Third Modification.
2. Execution in Counterparts. This Third Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Third Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
3. Agreement Remains in Full Force and Effect. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
Docusign Envelope ID: 7468C1EA-CE09-48D0-A7A8-0223F8D5CFA9 9/28/2024
5.S.b
Packet Pg. 838 Attachment: Attachment B - September 28, 2024 - Third Modification (6773 : Contract Modification of Contract #11051) 2 Rev. October 2023
IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By:
_______________________________
Docusign Envelope ID: 7468C1EA-CE09-48D0-A7A8-0223F8D5CFA9
DOUGLAS SLOAN
9/16/2024
City Attorney
9/27/2024
SVP, Sales and Customer Service
Clean Earth
Mindy Rath
9/28/2024
City Manager
City Clerk David White
9/30/2024
Nikima Newsome
5.S.b
Packet Pg. 839 Attachment: Attachment B - September 28, 2024 - Third Modification (6773 : Contract Modification of Contract #11051)
CONFIDENTIAL
CE (Quote) – Addendum_v17_01.13.2023_unlocked
The terms and prices contained herein shall be treated as confidential property and may not be disclosed to others before, during, or subsequent to the terms of this Agreement, except as required by law or as necessary to perform Services (and then only on a confidential basis satisfactory to both parties.
QUOTE - ADDENDUM
April 24, 2024
Manuel Monterrubio
City of Santa Monica
2500 Michigan Ave
Santa Monica, CA 90404-4012
Thank you for allowing Clean Earth Environmental Solutions, Inc. by and through any of its subsidiaries or affiliates ("Clean Earth") to service your waste management needs. This addendum is to add additional services or pricing to your existing agreement with Clean Earth either at your request, or due to items or services performed that are not in your existing pricing schedule with us. Please see the below pricing schedule that will be added to your existing agreement as referenced below.
Pricing Details:
Disposal Charges:
Item Waste Name Description UOM Price Minimums
WAT01-3 Acidic waste water for treatment, greater than 50% acid concentration DR55 $566.00
WAT01-3 Door to Door
Rate (Per Lb)
Acidic waste water for treatment, greater than 50%
acid concentration LB $1.25 Common Container Minimums Apply Assumptions and Conditions:
1. The disposal pricing as listed above is based on the information provided and will be confirmed following receipt of a completed waste profile. All pricing is pending profile approval and/or waste sample analysis. Clean Earth reserves the right to adjust the fees or rates herein to account for operational changes implemented to comply with changes in law, rules, regulations, permits, licenses or approvals, or to cover increases in the cost of fuel, insurance, disposal, record keeping or to otherwise address cost escalation. If Customer rejects the adjusted fees or rates, Clean Earth shall have the right to terminate the Agreement or refuse to provide any services to Customer for which Customer rejected the adjusted Rates.
2. Unless otherwise stated in the Agreement, all invoices are subject to applicable Federal, State, and local taxes & fees as well as an Energy & Insurance recovery charge tied to the National monthly average price for diesel fuel as published by the Department of Energy Exhibit B-3
Docusign Envelope ID: 7468C1EA-CE09-48D0-A7A8-0223F8D5CFA9
5.S.b
Packet Pg. 840 Attachment: Attachment B - September 28, 2024 - Third Modification (6773 : Contract Modification of Contract #11051)
CONFIDENTIAL
CE (Quote) – Addendum_v17_01.13.2023_unlocked
The terms and prices contained herein shall be treated as confidential property and may not be disclosed to others before, during, or subsequent to the terms of this Agreement, except as required by law or as necessary to perform Services (and then only on a confidential basis satisfactory to both parties. https://www.cleanearthinc.com/energy-and-insurance-fees/.
3. For a complete list of process code specifications, visit:
https://www.cleanearthinc.com/sites/default/files/Process-Specifications.pdf
4. This proposal must be signed within 30 days of receipt; otherwise a new quote will be reissued.
The terms and conditions from the Contract No. 11051 (“Agreement”) with an effective date of 1/19/2021 between Stericycle Environmental Solutions, Inc, (now known as Clean Earth Environmental Solutions, Inc.), and City of Santa Monica apply to this quote addendum.
Between: Clean Earth Environmental Solutions, Inc. And: City of Santa Monica Signature Signature
Name Name
Title Title
Date: Date:
Docusign Envelope ID: 7468C1EA-CE09-48D0-A7A8-0223F8D5CFA9
5.S.b
Packet Pg. 841 Attachment: Attachment B - September 28, 2024 - Third Modification (6773 : Contract Modification of Contract #11051) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/ /boards/.
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________
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Packet Pg. 842 Attachment: Attachment C - Clean Earth Levine Form 2024 (6773 : Contract Modification of Contract #11051) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
5.S.d
Packet Pg. 843 Attachment: Attachment C - Clean Earth Levine Form 2024 (6773 : Contract Modification of Contract #11051)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
5.S.e
Packet Pg. 844 Attachment: Attachment D - Clean Earth Oaks Form (6773 : Contract Modification of Contract #11051)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
1/4/2024
Larry Whyde Director of RFPs
[email protected] 713-253-6654
Clean Earth Environmental Solutions, Inc.
See attached list
N/A
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
5.S.e
Packet Pg. 845 Attachment: Attachment D - Clean Earth Oaks Form (6773 : Contract Modification of Contract #11051) Clean Earth is part of a public traded corporation (Enviri Corporation-NYSE NVRI). Our Officers and Senior Leadership are as follows:
Name Title
Nick Grasberger Chairman & CEO, Harsco
Jeffrey Beswick Senior Vice President & Group President, Clean Earth Madhu Annagiri VP, Information Technology
Jay Cooney Chief Marketing and Communications Officer
Jeff Diaz VP, Finance
Asuquo Edem VP, Procurement
Michael Goebner SVP, Facilities
Michael Polcovich Chief Financial Officer
James Hull VP, Sales & Marketing
Sarah Kowalczyk VP, Division Counsel
Chris Pavlicek VP of Commercial Pricing and Strategic Analytics Dan Morrow VP, Business Transformation
Averil Rance SVP, EHS
Melinda Rath SVP, Sales & Customer Service
Steven Sands Executive VP, Strategy and Business Development Kelly Williams VP, Transportation and Logistics
5.S.e
Packet Pg. 846 Attachment: Attachment D - Clean Earth Oaks Form (6773 : Contract Modification of Contract #11051) City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.T
1 of 4
To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Approval of Fourth Modification to Contract with JAS Pacific, Inc. for Professional Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #10637 (CCS) in the amount of $350,000 with JAS Pacific, Inc. for seismic plan review services for the Community Development Department. This will result in an eight-year amended agreement with a new total amount not to exceed $975,000, with future year funding contingent on Council budget approval.
Summary
The City’s Seismic Retrofit Program has been active since 2017. A professional services agreement was executed with JAS Pacific (JAS) in July of 2018 to perform plan reviews of Soft Story retrofit projects submitted to the City. JAS staff have alleviated significant workload for the Building and Safety Division by completing over 500 plan reviews to-date. The Soft Story program is scheduled to end by July of 2026.
Staff recommends Council authorize an exception to the competitive process to allow JAS to continue providing plan review services for the remainder of the Soft Story program.
Discussion
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On July 25, 2018, the City executed Professional Services Agreement #10637 (CCS) with JAS to address the anticipated increased volume of structural plan review submittals resulting from Seismic Retrofit Program requirements for Soft Story buildings.
Approximately 1,700 Soft Story buildings (typically wood-framed multi-story buildings with large open parking spaces on the first floor and habitable units above) were identified in the city as potentially in need of structural improvement through a seismic retrofit. The engineering services provided by JAS supplement City plan review staff work and provide the ability to manage the increased volume, maintain appropriate levels of service, and ensure the timely and efficient review of seismic retrofit plan submittals.
In September 2024, the City sent out 465 second notices to owners on the Soft Story list who had open seismic cases in the City’s database. These notices alerted owners that they must complete a retrofit of their buildings by the compliance deadline, which is between September of 2025 and July of 2026, depending on the priority designation of a given property. Although there will likely be property owners who do not complete retrofits on time, staff is confident that the majority will submit for seismic retrofit before July of 2026. Staff recommends extending the term of the JAS agreement for two years, through the end of calendar year 2026, to allow time to complete these plan reviews and continue addressing the high volume of seismic projects being submitted.
Extending the agreement through December of 2026 will provide time for submissions received just before the program deadline to be reviewed and approved before the agreement expires.
The Building and Safety Division considered going out to bid for these services, but several issues make this approach untenable. Given that letters were recently issued to owners, and many properties are due to complete a retrofit within the next year, staff anticipates a high volume of submissions for seismic retrofits throughout 2025; this will most likely be the busiest time for the Soft Story plan check portion of the Seismic Retrofit Program. Going through the RFP process, which can take four to six months, would utilize staff time that could be put towards the program itself. All plan reviews are also performed on an online platform (ProjectDox) that a new vendor would need to be trained on and integrated into. This training and integration process would take additional time and resources from City staff at exactly the time where volume is
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anticipated to be highest. This will harm service delivery to customers, pull staff away from other, non-seismic projects as they train incoming consultants, and slow a process that has been refined and made extremely efficient over the past six years with JAS.
For these reasons, staff recommends modifying the existing professional services agreement with JAS for two additional years to allow for the completion of the project that JAS started in 2018. This will ensure continuity of service, prevent service delays in both the Seismic Retrofit Program, as well as for other projects outside of the Program, and make the best, most efficient use of staff time and City funding.
The cost of all plan reviews performed by JAS staff is fully recovered by seismic plan check fees charged to customers by the City, meaning this agreement with JAS does not result in any net cost to the City. By the end of 2026, staff anticipates that Soft Story seismic plan review submittals should be winding down, and internal staff will be able to manage the volume. If it is determined that plan check services are still needed beyond 2026, Building and Safety is committed to going through the RFP process to find additional seismic plan review services.
Past Council Actions
Meeting Date Description
03/06/18 (attachment A) Council authorizes professional services agreements with Degenkolb Engineers, IDS Group, and JAS Pacific
06/28/22 (attachment B) Council approves third modification to professional services agreement with JAS Pacific
Environmental Review
The award agreement is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the common-sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement will provide the City with engineering services that will be provided entirely remotely. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.
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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of agreement 10637 (CCS) with JAS Pacific for seismic plan review services.
Professional Service Agreement Modification Request
Agreement # Current
Authorized
Amount
FY 2024-25
Modified
Request
Amount
Future
Year
Request
Amount
Dept. Account # Total
Revised
Contract
Amount
10637 (CCS) $625,000 $87,500 $262,500 01700004.552010 $975,000 Future year funding is contingent on Council budget approval.
Prepared By: Kevin Purcell, Principal Administrative Analyst Approved Forwarded to Council
Attachments:
A. March 6, 2018 Staff Report (Web Link)
B. June 28, 2022 Staff Report (Web Link)
C. JAS Original Agreement
D. JAS Third Modification
E. JAS Oaks Disclosure
F. JAS Levine Act
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Packet Pg. 851 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 852 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 853 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 854 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 855 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 856 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 857 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 858 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 859 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 860 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 861 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services)
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Packet Pg. 862 Attachment: JAS Original Agreement (6785 : 4th Modification to Contract with JAS for Professional Services) 1 THIRD MODIFICATION OF AGREEMENT NO. 10637 (CCS)
This Third Modification of Agreement Number 10637 (CCS) (“Third Modification”), entered into as of _________________, by and between the City of Santa Monica, a municipal corporation (“City”), and JAS Pacific, Inc. (“JAS”) is made with reference to the following:
RECITALS
A. On or about^^July 25, 2018, the City and JAS entered into Agreement Number 10637 (CCS) (“Original Agreement”) for engineering services to provide staff to review and approve seismic retrofit plans submitted to the City for Soft Story retrofit projects.
B. On or about^^July 9, 2020, the City and JAS entered into a First Modification of Agreement Number 10637 (CCS) (“First Modification”), which increased the notto-exceed amount of the agreement to $425,000 to pay for a higher volume of services than initially anticipated.
C. On or about^^June 28, 2021, the City and JAS entered into a Second Modification of Agreement Number 10637 (CCS) (“Second Modification”), which extended the contract term through June 30, 2022. The Original Agreement, First Modification, and Second Modification may be referred to collectively herein as “the Agreement.”
D. The City and JAS desire to modify the Agreement to extend the agreement term and increase the not-to-exceed amount of the Agreement to pay for this extended term for services.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. JAS and City acknowledge and agree that the effective date of this Third Modification is June 30, 2022.
2. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on July 25, 2018 and terminates on December 31, 2024, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
3. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:
Compensation. The City will compensate JAS for the Services in an amount not to exceed $625,000, as set forth in Exhibit B-2. The total agreement price for Services pursuant to the Original Agreement, the First Modification, the Second Modification, and this Third DocuSign Envelope ID: 3EC82506-555B-4E3A-83BD-9A9FBD51C97E 7/6/2022
5.T.d
Packet Pg. 863 Attachment: JAS Third Modification (6785 : 4th Modification to Contract with JAS for Professional Services) 2 Modification shall not exceed $625,000.
4. Exhibit B of the Original Agreement, as modified by Section 2 of the First Modification, shall be deleted in its entirety and replaced with Exhibit B-2, which is attached hereto and incorporated herein by this reference.
5. Execution in Counterparts. This Third Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
6. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 3EC82506-555B-4E3A-83BD-9A9FBD51C97E
DOUGLAS SLOAN
7/1/2022
City Attorney
CFO/PRESIDENT
ADDISON SMITH
JAS PACIFIC
7/1/2022
7/6/2022
City Manager
Nikima Newsome David White
7/7/2022
Assistant City Clerk
5.T.d
Packet Pg. 864 Attachment: JAS Third Modification (6785 : 4th Modification to Contract with JAS for Professional Services) 3 Exhibit B-2
Budget
All Plan Check services will be charged according to the following schedule:
TITLE HOURLY BILLING RATE
Plan Check Engineer I $125.00
Plan Check Engineer II $135.00
Plan Check Engineer III $145.00
SERVICES BILLING RATE
Plan Check Submittal Review 68% of City Plan Review Fee* *includes a total of three reviews
The total cost of Services shall not exceed $625,000 for the term of the Agreement.
DocuSign Envelope ID: 3EC82506-555B-4E3A-83BD-9A9FBD51C97E
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Packet Pg. 865 Attachment: JAS Third Modification (6785 : 4th Modification to Contract with JAS for Professional Services)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 866 Attachment: JAS Oaks Disclosure (6785 : 4th Modification to Contract with JAS for Professional Services)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
Christine Champany COO 7/30/24 [email protected] 800-818-3677 Jason Addison Smith Consulting Services Inc, DBA JAS Pacific Jason Smith, Tyler Smith, Christine Champany Jason Smith
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Packet Pg. 867 Attachment: JAS Oaks Disclosure (6785 : 4th Modification to Contract with JAS for Professional Services) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ ✔
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Packet Pg. 868 Attachment: JAS Levine Act (6785 : 4th Modification to Contract with JAS for Professional Services) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
12/4/2024 CHRISTINE CHAMPANY COO JAS PACIFIC
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Packet Pg. 869 Attachment: JAS Levine Act (6785 : 4th Modification to Contract with JAS for Professional Services) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
DATE: January 25, 2024
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $250 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $250 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Contracts for goods, services, professional services
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Small contracts, including purchase orders, and zero dollar contracts (no de minimis exception)
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
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Packet Pg. 870 Attachment: JAS Levine Act (6785 : 4th Modification to Contract with JAS for Professional Services)
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Contracts awarded to the lowest responsive/responsible bidder (not applicable in Santa Monica)
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget
2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.
Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.
3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.
A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or
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Packet Pg. 871 Attachment: JAS Levine Act (6785 : 4th Modification to Contract with JAS for Professional Services)
other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.
4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.
5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.
Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.
Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
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Packet Pg. 872 Attachment: JAS Levine Act (6785 : 4th Modification to Contract with JAS for Professional Services) City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.U
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Municipal Code Section 4.65.030 to Extend the Living Wage Ordinance Exemption for the Term of the Contract with McCormick Ambulance for Emergency Ambulance Services and Medical Billing Services
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on November 11, 2024, the City Council introduced for first reading an Ordinance amending Municipal Code Section 4.65.030 to extend the Living Wage Ordinance exemption for the term of the contract with McCormick Ambulance for emergency ambulance services and medical billing services. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-Living Wage Exemption Ordinance 2d
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1 City Council Meeting: December 17, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.65.030 TO PROVIDE A
TEMPORARY EXEMPTION FOR EMERGENCY AMBULANCE AND BILLING
SERVICES
WHEREAS, on March 8, 2005 the City Council of the City of Santa Monica adopted Ordinance No. 2152 (the “Living Wage Ordinance”) to require that persons working on City contracts over a threshold amount receive a living wage; and WHEREAS, the Council’s findings established that the purpose of the Living Wage Ordinance includes ensuring that those workers have sufficient income to pay the high costs of living in the City, region, and state, to cover health care, and to have the leisure to participate in civic life; and
WHEREAS, the Living Wage Ordinance is broadly applicable to all City contracts in the amount of $54,200 or more; and
WHEREAS, in some circumstances strict adherence to the requirements of the Living Wage Ordinance is detrimental to the City’s welfare and does not serve the ordinance’s purposes; and
WHEREAS, providing emergency ambulance transport services is of vital importance to the City; and
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Packet Pg. 874 Attachment: ORD-Living Wage Exemption Ordinance 2d (6787 : Living Wage Ambulance Ord - Second Reading) 2 WHEREAS, providers of emergency ambulance transport services do not control rates for the services they provide and thus cannot currently comply with the City’s Living Wage Ordinance; and
WHEREAS, on July 11, 2017, the City Council adopted Ordinance No. 2548, which amended Santa Monica Municipal Code Section 4.65.030 to provide for a temporary exemption to the Living Wage Ordinance for emergency ambulance and billing services until June 30, 2020; and
WHEREAS, on June 23, 2020, the City Council adopted Ordinance No. 2640, which amended Santa Monica Municipal Code Section 4.65.030 to extend the sunset of the temporary exemption to the Living Wage Ordinance for emergency ambulance and billing services to until January 31, 2023; and
WHEREAS, on September 13, 2022, the City Council adopted Ordinance No. 2718, which amended Santa Monica Municipal Code Section 4.65.030 to extend the sunset of the temporary exemption to the Living Wage Ordinance for emergency ambulance and billing services to until January 31, 2025; and WHEREAS, the City desires to extend its current contract with its emergency ambulance and billing service provider for 12 months, or until January 31, 2026; and WHEREAS, the City wishes to amend Santa Monica Municipal Code Section
4.65.030 to further extend the sunset provision in the exemption to the Living Wage Ordinance so that the expiration of the exemption is in alignment with the proposed extension of the contract term for the City’s contract with its emergency ambulance and billing services provider, or until January 31, 2026.
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Packet Pg. 875 Attachment: ORD-Living Wage Exemption Ordinance 2d (6787 : Living Wage Ambulance Ord - Second Reading) 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.65.030 of the Santa Monica Municipal Code is hereby amended to read as follows:
4.65.030 Exemption.
The requirements of this Chapter shall not apply to employers that are government agencies, City grantees, nonprofit corporations, corporations providing banking services, or entities providing emergency ambulance and billing services. The exemption set forth in this Section for entities providing emergency ambulance and billing services shall sunset on January 31, 2026.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
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Packet Pg. 876 Attachment: ORD-Living Wage Exemption Ordinance 2d (6787 : Living Wage Ambulance Ord - Second Reading) 4 SECTION 4.The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Report
City Council Meeting: December 17, 2024
Agenda Item: 5.V
1 of 4
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Oscar Santiago, Director, Finance Department, Matthew Hallock, Fire Chief, Fire Department
Subject: Approval of First Modification to Agreement with UKG (Kronos, Inc.) for Hardware Maintenance Services
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
2. Authorize the City Manager to negotiate and execute a first modification to agreement #11411 in the amount of $37,211 (including a $3,383 contingency) with UKG (Kronos Inc.) to provide hardware maintenance services for City timekeeping devices. This will result in a five-year amended agreement with a new total amount not to exceed $3,462,672, with future year funding contingent on Council budget approval.
Summary
The City’s timekeeping and scheduling systems, including Kronos Workforce Central and Kronos TeleStaff, play a critical role in City operations, ensuring accurate payroll processing and optimized scheduling of public safety staffing. The City is set to transition to the new UKG Workforce Management (WFM) platform in January 2025. To ensure this transition does not disrupt service, staff seeks additional contract authority under Contract #11411 to fund hardware maintenance support for the City’s timekeeping devices. This service will provide the necessary firmware support to maintain device functionality during and after the migration. This first modification will
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increase the contract by $37,211, which includes a 10% contingency, for a new amount not to exceed of $3,462,672.
Discussion
The City has relied on Kronos Workforce Central since 1998, utilizing its timekeeping capabilities across departments and integrating it with the City’s financial and human resource systems for efficient payroll processing. Additionally, the Fire Department uses Kronos TeleStaff for automated scheduling, which is essential for maintaining 24/7 public safety staffing.
On June 13, 2023 (Attachment A), the City Council approved a consolidated five-year agreement with UKG (Kronos Inc.), combining multiple agreements into Contract #11411. This contract provides software licenses, support, and options for purchasing additional hardware and maintenance services to support the City’s migration from the Kronos Workforce Central system to the UKG Workforce Management (WFM) platform on Google Cloud. The migration is necessary to address security vulnerabilities exposed by a ransomware attack on Kronos in 2021 and to transition to a more secure and supported platform ahead of the Workforce Central system’s end-of-life in December 2025.
As the City transitions to the UKG WFM platform (also known as Kronos Dimensions), staff has identified the need for hardware maintenance services to support the City’s timekeeping devices. These services are critical to ensure firmware updates, device compatibility, and continued functionality throughout and beyond the migration. Adding this support will prevent disruptions and safeguard critical payroll and timekeeping functions during and after the migration. While these services were not included initially in the requested contract authority, they are essential to maintaining uninterrupted operations.
Environmental Review
The proposed modification to Contract #11411 with UKG (Kronos, Inc.) is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines. The agreement is covered
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by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”. The agreement modification will provide hardware maintenance services to support the City’s electronic timekeeping and attendance record processing system which would not result in adverse physical impacts on the environment, and so therefore, is exempt from CEQA.
Past Council Actions
Meeting Date Description
June 13, 2023
(Attachment A)
Approval to Amend Agreement with Kronos, Inc. for Software-As-AService (SaaS) and Related Licenses Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund and the Resource Recovery and Recycling Fund to increase the amount of agreement with UKG (Kronos, Inc.) for hardware maintenance services for City time keeping devices.
Contract Modification Request
Agreement
#
Current
Authorized
Amount
FY 2024-25
Requested
Amount
Future
Year(s)
Amount
Dept Account
Number
Total
Revised
Contract
Amount
11411 $561,288 $6,791 $22,047 01300001.529230 $590,126
$136,727 $1,700 $5,519 01180001.529230 $143,946
$21,590 $272 $882 54500002.529080 $22,744
$2,705,856 Various $2,705,856
Total $3,425,461 $8,763 $28,448 $3,462,672
Future year funding is contingent on Council budget approval.
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Prepared By: Christian Ho, Principal Business Process Technology Analyst Approved Forwarded to Council
Attachments:
A. Staff Report 06-13-2023 5D
B. Levine Act Disclosure Form 2.6.24_UKG Kronos
C. OAKS INITIATIVE FORM_UKG Kronos
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City Council
Report
City Council Meeting: June 13, 2023
Agenda Item: 5.D
1 of 6
To: Mayor and City Council
From: Christopher Smith, Acting Chief Information Officer, Information Services Department, Customer Experience and Support
Gigi Decavalles-Hughes, Director, Finance Department, Danny Alvarez, Fire Chief, Fire Department
Subject: Approval to Amend Agreement with Kronos, Inc. for Software-As-A-Service SaaS) and Related Licenses
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to combine existing Sales Agreement and Software License Agreement #8417 (CCS) and Software Maintenance and Support Agreement #8434 (CCS) into a single contract for 5 years that would result in a 23-year amended agreement with Kronos Inc. (Kronos), for Software as a Service SaaS) and related licenses. This will result in a new grand total amount not to exceed $3,425,461 (including 5% in contingency) with future year funding contingent on Council budget approval.
Summary
The City uses Kronos Workforce Central, an electronic time-keeping system and attendance record processing system, for employee timekeeping and payroll processing. The Fire Department uses Kronos TeleStaff, an automated scheduling solution designed for public safety. TeleStaff optimizes the scheduling, communications, and deployment of public safety personnel and other critical resources. Staff would like to take advantage of a one-time $89,900 incentive to upgrade from the City’s current electronic time-keeping system, Kronos Workforce Central, to Kronos Dimensions.
Kronos Dimensions is a modern time-keeping system that would provide a unified
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platform for both TeleStaff and Workforce Central. Staff also requests authority to purchase additional software services necessary to enhance custom integrations into Kronos Workforce Central, transition, add additional security protections, and combine the two existing contracts into one contract to streamline contract management.
Discussion
The City has used Kronos Workforce Central since 1998. Significant staff and financial resources have been dedicated to customize, integrate, and configure Kronos Workforce Central to support various work schedules and automate overtime calculations supporting a variety of City work schedules. Integration has been developed with the City’s current Financial and Human Resource Capital management system, Tyler Munis, to import employee information into Kronos Workforce Central and export time detail data from Kronos Workforce Central to Tyler Munis to streamline the payroll process.
The City also uses Kronos TeleStaff in the Fire Department to make scheduling and communication more efficient while ensuring 24x7 staffing, minimizing compliance risks, and controlling labor costs. Since implementing the TeleStaff solution, staff has worked with the vendor to customize Telestaff to implement requirements resulting from labor negotiations lending to a highly customized product that has improved public safety staff scheduling. Kronos will now incorporate both the Kronos Workforce Central and Telestaff modules into one single cloud-hosted solution called Dimensions.
On December 11, 2021, Kronos experienced a ransomware attack and entities all over the world could not process paychecks or access employee records until Kronos could restore their systems in January 2022. This required City staff to manually process all time-keeping functions including recording, approving, calculating, and exports of time data for payroll processing. In the aftermath, Kronos has recommended that all clients migrate to Dimensions and transition from the Kronos Private Cloud (currently utilized by the City) to the Google Cloud. By moving to Google Cloud, employee data is protected by including two-factor authentication and data encryption. The platform also offers a range of security monitoring and detection tools, as well as support for a wide
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variety of security protocols and standards. This new secure platform will be more protective of sensitive payroll data.
Kronos has also announced the end-of life for Kronos Workforce Central product as of December 2025. At that time, the product will not be supported by Kronos and the City will not have a supported timekeeping system. The current maintenance and support agreement for Workforce Central also ends in December 2023. The upgrade requires a one-time service cost of $139,900, however Kronos has offered an incentive of $89,900, contingent upon the City approving a new contract by June 30, 2023. The one -time discounted amount to upgrade to Dimensions in FY 2023 -24 is $50,000 plus a one-time Telestaff migration fee of $10,000. The City will pay an annual cost for the maintenance and support agreement of $151,634 in FY 2023 -24 with no annual increase over the five-year agreement.
Vendor Selection
In 1998, Council authorized the purchase of a timekeeping and attendance system from Kronos, Inc. Kronos was selected after a competitive bidding process, which resulted in the evaluation of five vendors’ systems for their ability to meet the City’s needs. The Kronos system was selected because it offered the most robust database, extensive real-time reporting capabilities, a hardware and software platform that conforms to the City standards to ensure support by existing personnel and compatibility with other City systems and offered a turnkey solution with on-site and telephonic technical support and a local training facility.
In 2004, Council authorized the purchase of TeleStaff, an automated staff scheduling and notification system for the Fire Department. The system was selected after evaluating multiple vendors’ systems for their ability to be customized to fit the Fire Department’s complex call-out requirements, including accommodating for organization specific rules in a decision-making hierarchy to automatically notify staff-via phone and email with the details of their required attendance. In 2014, staff again evaluated employee timekeeping and attendance management systems during the RFP process for the new Enterprise Resource Planning system. However, none of the systems
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evaluated had the robust functionality of the Kronos Workforce Central and Kronos TeleStaff systems and did not integrate attendance data and scheduled time worked into the City’s financial management system.
Staff recommends that the City create a new contract with Kronos to continue to provide software licenses and maintenance and support services on a sole source basis for the Workforce Central and TeleStaff products and to migrate to the integrated Dimensions products from Kronos Private Cloud to Google Cloud platform. The current software has undergone years of customization and therefore a proprietary system and Kronos is the only vendor that can provide maintenance and support for its software systems.
During the next 5 years, Staff commits to conducting a Request for Information to determine if other platforms can provide the same level of service and customization and, if so, a Request for Proposal will be issued.
Environmental Review
The contract modification is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award contract is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will allow the City to continue to utilize its electronic time-keeping and attendance record processing system. Therefore, it can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.
Past Council Actions
Meeting Date Description
5/26/2005
Attachment A)
Authorization to enter into an agreement with Kronos
08/25/2020
Attachment B)
Sixth Modification to Agreement #8417 (CCS) with Kronos, Inc.
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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund and the Resource Recovery and Recycling Fund to increase the total contract amount and consolidate the previous Contracts #8417 and #8434 with Kronos for time-keeping and public safety scheduling services. Funding will be included in the FY 2023-25 Proposed Biennial Budget. Future year funding is contingent on Council budget approval.
Contract Modification Request
Agreement Current
Authorized
Amount
FY23-24
Modified
Request Amount
Future Years Total
Modified Request
Amount
Account Number Total Amount
8417 $ 642,912 Various $ 642,912
8434 $ 1,900,125 Various $ 1,900,125
New
7,248 C0105200.689000 $ 7,248
40,041 C0106420.689000 $ 40,041
2,711 01300001.529230 $ 2,711
34,731 $ 78,088 01190001.529230 $ 112,819
112,258 $ 449,031 01300001.529230 $ 561,288
27,345 $ 109,382 01180001.529230 $ 136,727
4,318 $ 17,272 54500002.529080 $ 21,590
Total $ 2,543,037 $ 228,652 $ 653,772 $ 3,425,461
Prepared By: Sreekanth Maddali, Principal Business Process Technology Analyst.
Approved Forwarded to Council
Attachments:
A. Staff Report - 05/26/2005 (Web Link)
B. Staff Report - 12/15/98 (Web Link)
C. 2017 OAKS INITIATIVE FORM
D. 04 Executed Kronos_8434_Mod_5
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6 E. 04 Executed Kronos_8417_Mod_6
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Packet Pg. 887 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos))
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), ( 4), or ( 6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 888 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos))
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
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Packet Pg. 889 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 1 FIFTH MODIFICATION OF SOFTWARE MAINTENANCE
AND SUPPORT AGREEMENT NO. 8434 ( CCS)
This Fifth Modification of Software Maintenance and Support Agreement Number 8434 ( CCS) Fifth Modification”), entered into as of ______________(“Execution Date”), by and between the City of Santa Monica (“ City”), a California municipal corporation, and Kronos Incorporated Kronos”) is made with reference to the following:
RECITALS
A. On or about May 26, 2005, the City and Kronos entered into the Software Maintenance and Support Agreement No. 8434 ( CCS) for Software Maintenance and Support (“ Original Agreement”).
B. On or about December 23, 2008, the City and Kronos entered into a First Modification of the Original Agreement (“ First Modification”) to purchase additional software licenses and to add maintenance and support services to the Original Agreement.
C. On or about July 24, 2015, the City and Kronos entered into a Second Modification of the Original Agreement (“ Second Modification”) to extend the term of the Original Agreement to accommodate the City’ s desire to receive maintenance and support services for an additional five years.
D. On or about April 20, 2016, the City and Kronos entered into a Third Modification of the Original Agreement (“ Third Modification”) to purchase additional software licenses and to add maintenance and support services to the Original Agreement.
E. On or about December 28, 2018, the City and Kronos entered into a Fourth Modification of the Original Agreement (“ Fourth Modification”) to convert the City’ s perpetual Kronos Workforce Central software licenses to Kronos Software as a Service ( SaaS) licenses. The Original Agreement, First Modification, Second Modification, Third Modification, and Fourth Modification may be referred to collectively herein as “ the Agreement.” F. Concurrent with the execution of the Original Agreement, on or about May 26, 2005, the City and Kronos entered into the Kronos Sales Agreement and Software License Agreement Number 8417 ( CCS) (“ Original Sales Agreement”) for the purchase of certain software licenses, equipment, and professional services that were the subject the maintenance and support to be provided pursuant to the Agreement. The Original Sales Agreement was subsequently modified by the parties on December 23, 2008, November 6, 2012, July 24, 2015, April 20, 2016, and December 28, 2018.
G. The City and Kronos now desire to enter into this Fifth Modification to the Agreement to facilitate the migration of the City’ s on-premises Workforce Telestaff Database to the Kronos Cloud and to pay for professional services associated with hosting of the City’ s database in the cloud ( the “ Fifth Modification”).
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA 12/23/2020
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Packet Pg. 890 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 2 TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 1(B) of the Original Agreement entitled “ Software Support Services” is modified to include the following:
Workforce TeleStaff Enterprise Bundle Licenses. Kronos shall provide to City the most current available version of the Workforce TeleStaff SaaS Applications in the Kronos’ hosting environment, as described in the TeleStaff – Software as a Service Terms and Conditions, attached hereto as Exhibit A-5. Kronos shall provide the corresponding software licenses in accordance with the Kronos Order Form dated 6/ 22/ 2020, attached hereto as Exhibit B-5.
2. Term. The term for the SaaS licenses covered by this Fifth Modification shall begin on the Billing Start Date as set forth in Exhibit B-5 and shall terminate 36 months thereafter, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.
3. Section 4 of the Original Agreement entitled “ Fees and Charges” is modified to include the following:
A. For fiscal years 2020/ 21, 2021/ 22, and 2022/ 23, the annual fee for the software as a service required for the Workforce TeleStaff Software and provided to City under the Fifth Modification shall be no more than $14,400.00 per year.
B. The compensation paid by City to Kronos for the software as a service rendered to City pursuant to the Fifth Modification shall not to exceed the amount of 49,680.00.
C. The total amount of compensation paid by City to Kronos for any and all services rendered under the Agreement and all subsequent modifications shall not exceed 1,900,125.00 unless expressly modified by the parties in writing.
4. Except as expressly modified by this Fifth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA
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Packet Pg. 891 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 3 IN WITNESS WHEREOF, the parties have executed this Fifth Modification as of the date and year first written above.
ATTEST:
DENISE ANDERSON- WARREN
APPROVED AS TO FORM:
LANE DILG
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
VENDOR
By: ________________________________
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA Interim City Attorney
12/18/2020
George Cardona
Order Processing Analyst
UKG
12/22/2020
Nicole Dandurant
Interim City Manager
12/23/2020
Lane Dilg
City Clerk
12/24/2020
Denise Anderson- Warren
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Packet Pg. 892 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 4 Exhibit A-5
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA
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Packet Pg. 893 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 5 To whom it may concern,
The City of Santa Monica has agreed to migrate their On-Premise Workforce Telestaff Database to the Kronos Cloud. An annual payment of $14,400.00 is to be paid to host the Santa Monica Fire Department’ s Telestaff database. This includes one Production and Test Environment.
Kronos will maintain the servers until expiration of the contract.
Workforce Telestaff is used to fairly schedule public safety personnel, manage overtime opportunities, and report findings and discrepancies through the collection of staffing data.
Kronos Incorporated ( Headquarters)
900 Chelmsford Street
Lowell, MA 01851
Tel: + 1 (978) 250 9800
Fax: + 1 (978) 367 5900
Website: www. kronos. com
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA
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Packet Pg. 894 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 6 Exhibit B-5
Quote #:
Expires:
Prepared By:
661759- 1 (conversion), 661760- 1 (add-on)
7/23/ 2020
Bryan Driscoll
Order Type:
Date:
Upgrade
6/22/ 2020
Bill To: Attn: Accounts Payable Ship To: Attn: Laura Smart Santa Monica Fire Santa Monica Fire
333 Olympic Drive, 2nd Floor 333 Olympic Drive, 2nd Floor Santa Monica, CA 90401
Email:
Santa Monica, CA90401
exception@kronos. com
Solution ID: 6104398 FOB: Shipping Point
Currency: US Ship Method: FedEx Ground
Customer PO #: Freight Terms: Prepay & Add
Data Center: USA
Executive Name: Laura Smart
Executive Email: laura. smart@smgov. net
Program Manager Name: Laura Smart
Program Manager Email: laura. smart@smgov. net
Notes: .
This order is subject to the terms and conditions of that certain Kronos Sales Agreement and Software License Agreement No. 8417 (CCS) between City of Santa Monica and Kronos dated May 26, 2005, as amended by the First Modification dated December 23, 2008, as also amended by the Second Modification dated November 6, 2012, as also amended by the Third Modification dated July 24,2015, as amended by the Fourth Modification dated April 20,2016, and as further amended by the Fifth Modification dated December 28, 2018.
Initial Term: Three Year
Billing Start Date: 90 days from execution of Order Form Renewal Term: One Year
Payment Terms: Net 30
Billing Frequency ( unless otherwise noted, all invoices are due per the payment terms noted above):
Applications: Annual in Advance
Professional Services: Bill as you go, Monthly in arrears as delivered KnowledgePass & Education Subscription: Upon execution of Order Form The fees for the Applications are invoiced 60 days prior to the Billing Start Date.
Kronos will provide Customer read- only ODBC access into Customer’ s production and non-production databases for Timekeeper/ HRMS over secure connection ( e.g. VPN). Customer is responsible for establishing this secure connection to the Kronos Cloud and additional fees for that connection may apply. Kronos may, but is not obligated to, limit or block Customer’ s database read-only ODBC queries in order to prevent failure of the database due to overload. Kronos will not pay SLA credits for any Outage that is the result of overloading the database during read-only ODBC access. Overall performance may be limited during peak processing periods, and Customer may need to limit resource intensive read- only ODBC queries to off-peak periods. Customer acknowledges that read- only ODBC over a long distance secure connection is not a reliable protocol for it does not have retry logic built-in to handle connectivity issues. Kronos will not be responsible for any changes required to Customer’ s internal systems to account for limitations of read-only OBDC protocol.
This order is made as part of a Kronos promotion. All pricing is discounted solely in connection with such promotion and will not be applied to future orders. Customer’ s Software Support and Cloud Hosting services, as applicable, for the existing Workforce Central perpetual licenses shall continue, in accordance with Kronos Support policies, for a period of ninety (90) days from execution of this Order Form, and shall terminate thereafter, unless Customer chooses to reinstate Software Support and Cloud Hosting services, as applicable, at applicable fees.
Workforce Central SaaS Monthly Service Fees shall be invoiced at the Billing Frequency indicated on this Order Form, commencing on the Billing Start Date. As of the Billing Start Date, Kronos will credit any pre-paid but unused fees for Software Support and/ or Cloud Hosting Services on the perpetual licenses, as applicable. Credits may be applied against any amounts owed to Kronos by Customer until such credit is expended. Customer shall pay for Software Support and Cloud Hosting services fees, as applicable, on the perpetual licenses until the Workforce Central SaaS Billing Start Date.
APPLICATIONS
Item License/ Qty PEPM Monthly Price
Workforce TeleStaff Enterprise Bundle V7.1 150 $ 8.00 $ 1,200.00 Workforce TeleStaff Bidding v7.1 150 $ 0.00 Included
Monthly Total: $ 1,200.00
CLOUD SERVICES
Item Qty Unit Price Monthly Price
Read- Only ODBC Access to WFC/ HR Database 1 $ 0.00 $ 0.00 Total Monthly: $ 0.00
CORE SMB PROFESSIONAL / EDUCATIONAL SERVICES
Item Duration Total Price
KnowledgePass SaaS WFC SMB Included
Total Price $ 0.00
Order Form - Workforce Central SaaS for SMB
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA
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Packet Pg. 895 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 7 BILL AS YOU GO SERVICES
Item Qty Rate Billing Role Total Price
TSG Professional Services 14 $ 180.00 Solution Consultant $ 2,520.00 TSG Professional Services 11 $ 180.00 Project Manager $ 1,980.00 TSG Technical Services 12 $ 215.00 Technology Consultant $ 2,580.00 Paragon Online Remote Team 4 $ 180.00 Project Manager $ 720.00 Paragon Online Remote Team 24 $ 180.00 Solution Consultant $ 4,320.00 Paragon Online Remote Team 16 $ 180.00 Intergration Consultant $ 2,880.00 Paragon Senior Integration 8 $ 215.00 Senior Intergration Consultant $ 1,720.00 Total Price $ 16,720.00
SUMMARY
Item Total Price
Monthly Application Fee $ 1,200.00
Total Monthly Service Fees: $ 1,200.00
Bill As You Go Services $ 16,720.00
Total Bill As You Go: $ 16,720.00
Santa Monica Finance Department
By:
Name: Gigi Decavalles- Hughes
Kronos Incorporated
By:
Name:
Title: Director of Finance Title:
Date: July 13, 2020 Date:
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA
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Packet Pg. 896 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 8 Customer Name: Santa Monica Fire Department SID: 6104398 Customer Contact: Tom Clemo Phone Number: 424-280-0490
Email Address: Tom.Clemo@smgov. net Currency: USD
Professional Services Work Order
Opportunity ID: SRVCS ONLY
Professional Services Objective/ Outcome Deliverable
PSWO language < 1,000ee:
Technical Upgrade Service Scope to the Kronos Cloud
Cloud overview
Installation of Workforce TeleStaff ( 1) PROD and ( 1) DEV System Overview
4) hours of testing support
4) hours of go live support
Assumptions
All services delivered remotely.
Customer is responsible for migration of the database to MS SQL prior to the upgrade.
Each upgrade is considered as “ like- for-like” and does not include customizations, configuration, new features or functionality other than what is required by the new version.
Customer is responsible for recreating the tasks in excess of (5).
Customer is responsible for testing the upgraded database in the development environment, not to exceed a (4) week time period and should mimic current end to end persona- based tasks.
The project will be closed after eight weeks if customer testing stalls and forward progress toward go live on the upgraded database ceases.
Any additional time required to assist customer will be managed through a mutually agreed upon change order signed by both parties.
Budget
Professional Services Part # Billing Role Contract Type UOM Qty. Rate Total Price 9990057- PRO Solution Consultant Time and Materials Hours 14 $ 180. 00 $ 2,520. 00 9990057- PRO Project Manager Time and Materials Hours 11 $ 180. 00 $ 1,980. 00 9990079- PRO Technology Consultant Time and Materials Hours 12 $ 215. 00 $ 2,580. 00 Time and Materials Hours $ 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Total Professional Services $ 7,080.00
Sales Executive: Bryan Driscoll Create Date: 6/22/ 2020 Author: Expiration Date: 7/23/ 2020
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA
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Packet Pg. 897 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 9 Statement of Work for CITY OF SANTA
MONICA
Services Only_Integration Support
Sales Executive David Chetlain
Author Tammy Hilsgen
Expiration Date 7/23/2020
Quote Number 2020-56797
Revision # 1
Opportunity ID Opp-317247
Status Approved
Customer SID 6012149
c) 2020, Kronos Incorporated and related companies. All rights reserved.
CONFIDENTIAL - Not to be disclosed to third parties without specific written consent from Kronos.
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA
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Packet Pg. 898 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 10 Overview
This Statement of Work ("SOW") provides an overview of the project including scope, approach, costs, and how the project will be managed. To support a successful implementation, the customer will provide the required internal project resources.
Project Objectives
The City is looking to track hours when an employee switches roles. Example Fire Fighter or Fire Prevention moves to working on the floor. Kronos will provide Professional Services to modify the following existing integrations to include one additional field for the purpose of tracking job transfers:
WFC / TeleStaff Bi-directional Integration
Payroll Export from WFC to Tyler Munis
Assumption around integration modification is as follows:
The position is already part of the labor structure
Modification of pay policies (pay rules, work rules, schedule rules, overtime rules, pay codes, etc) within WF Timekeeper and WF TeleStaff is excluded from the scope.
Wages remain in Tyler Munis solution, no integration or manual maintain of wages in Kronos Creation of new integrations are excluded from the scope The scope of the services will include the following:
Professional Services will be delivered remotely; Professional Services are billed as consumed.
A change in project scope may require additional professional services. Additional professional services, if required, will be managed through the Kronos Change Order Process.
Customer understands that all Kronos Consultant time must be scheduled in advance through the Kronos Project Manager with a 1 hour minimum per AC/TC call/event.
Kronos Project Manager is Project Coordination Level: resource, budget and billing management 2 Workforce Central environments
Project duration is expected to be 4 working weeks, based upon our experience with our customers and products. Depending upon the preparation and engagement of your organization, there may be opportunity to complete the project in a compressed duration. However, if project resources are unprepared or unavailable, the duration of the project may need to be extended, increasing the budget required to successfully complete this scope of work. Requests for additional scope or activities outside of this planned project scope may be accommodated through the change process. In this circumstance, Kronos may issue a change order to ensure the appropriate budget is available.
Kronos will deliver the scope of this project utilizing a remote approach.
Services Investment Summary
This SOW represents a time and materials engagement. Travel expenses are not included and will be invoiced separately as incurred.
Service Type
Professional Services $ 9,640.00
9,640.00
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA
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Packet Pg. 899 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 11 Signatures and Approvals
SUBMITTED AND APPROVED BY KRONOS REPRESENTATIVE
By:
Title:
Date:
This Statement of Work is subject to the CITY OF SANTA MONICA's Workforce Central SaaS or perpetual license agreement with Kronos governing Professional and Education Services. By signing below, the authorized CITY OF SANTA MONICA's representative agrees to purchase the services described herein.
ACCEPTED AND AGREED
CITY OF SANTA MONICA
By: Date: July 13, 2020
Title: Director of Finance
CITY OF SANTA MONICA may make necessary copies of this document for the sole purpose of facilitating internal evaluation and/or execution of proposed project. Otherwise, the document or any part thereof may not be reproduced in any form without the written permission of Kronos Incorporated.
All rights reserved. Copyright 2020.
DocuSign Envelope ID: 06581AAB- 9E34-4BE7-BE64-34425BF3F0EA
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Packet Pg. 900 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 1 SIXTH MODIFICATION OF
KRONOS SALES AGREEMENT AND
SOFTWARE LICENSE NO. 8417 ( CCS)
This Sixth Modification of Kronos Sales Agreement and Software License Number 8417 ( CCS) (“ Fifth Modification”), entered into as of ______________(“ Execution Date”), by and between the City of Santa Monica, a municipal corporation (“ City”), and Kronos Incorporated ( Kronos) is made with reference to the following:
RECITALS
A. On or about May 26, 2005, the City and Kronos entered into a Kronos Sales Agreement and Software License Agreement Number 8417 ( CCS) (“ Original Agreement”) for the purchase of certain software licenses and equipment.
B. On or about December 23, 2008, the City and Kronos entered into a First Modification of the Kronos Sales Agreement and Software License (“ First Modification”) for the purchase of additional software licenses and professional services.
C. On or about November 6, 2012, the City and Kronos entered into a Second Modification of the Kronos Sales Agreement and Software License (“ Second Modification”) for the purchase of additional licenses and professional services.
D. On or about July 24, 2015, the City and Kronos entered into a Third Modification of the Kronos Sales Agreement and Software License (“ Third Modification”) for the purchase of additional licenses, new software entitled “ Workforce Mobile”, and to develop new interfaces and to make changes to existing interfaces for the new Enterprise Resource Planning System.
E. On or about April 20, 2016, the City and Kronos entered into a Fourth Modification of the Kronos Sales Agreement and Software License (“ Fourth Modification”) for the City’ s purchase of additional licenses and professional services.
F. On or about December 28, 2018, the City and Kronos entered into a Fifth Modification of the Kronos Sales Agreement and Software License (“ Fifth Modification”) where the City purchased from Kronos an upgrade to existing services, including a Knowledge- Pass Education Subscription and upgraded equipment. The parties also agreed to increase the contract price to pay for the additional services and equipment, and the parties incorporated the City’ s insurance requirements into the agreement. The Original Agreement, First Modification, Second Modification, Third Modification, Fourth Modification, DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3 12/23/2020
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Packet Pg. 901 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 2 and Fifth Modification may be referred to collectively herein as “ the Agreement.” G. The City and Kronos now desire to further modify the Agreement to provide for the City’ s additional purchase from Kronos of upgraded Telestaff services, professional consulting services and training, and corresponding hardware and equipment. The City and Kronos desire to increase the contract price accordingly to pay for the additional professional services and equipment.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Additional Software Services and Equipment . Section 1 of Agreement shall be modified to include the following additional software services and equipment to be provided to the City by Kronos:
1.1 Workforce TeleStaff Enterprise Bundle V7.1 Software. Kronos shall provide the City with the Workforce TeleStaff upgrade services, training, professional support services, corresponding equipment and hardware, as set forth in the Order Form dated July 13, 2020 and attached hereto as Exhibit A-6. The City’ s cost for the software and services stated in Exhibit A-6, and shall be a fixed cost in the amount of $16,720. 00 as set forth in Exhibit B-6.
2. Total Amount Not to Exceed. The total amount of compensation paid to Kronos for the Workforce TeleStaff upgrade services, training, professional support services, corresponding equipment and hardware, as set forth in Exhibit A-6 and authorized under this Sixth Modification, shall not exceed the sum of $34,228.
Accordingly, the total amount of compensation that may be paid to Kronos for all software, equipment, and services provided by Kronos to the City under the Agreement as subsequently modified shall not exceed Six Hundred Forty-Two Thousand, Nine Hundred Twelve Dollars ($ 642,912). Kronos shall invoice the City in the manner required by the Agreement and when all software, equipment, and services have been provided to the City. The City will pay undisputed invoices within 30 days of receipt.
3. Additional Exhibits. Exhibits A-6 and B-6, attached hereto, are incorporated into the Agreement.
DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3
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Packet Pg. 902 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 3 4. Agreement to Remain in Effect. Except as expressly modified by this Sixth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Sixth Modification as of the date and year first written above.
ATTEST:
DENISE ANDERSON- WARREN
APPROVED AS TO FORM:
LANE DILG
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
VENDOR
By: ________________________________
DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3 George Cardona
12/18/2020
Interim City Attorney
Nicole Dandurant
UKG
Order Processing Analyst
12/22/2020
Lane Dilg
Interim City Manager
12/23/2020
Denise Anderson- Warren
12/28/2020
City Clerk
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Packet Pg. 903 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 4 Exhibit A-6
Quote #:
Expires:
Prepared By:
661759- 1 (conversion), 661760- 1 (add-on)
7/23/ 2020
Bryan Driscoll
Order Type:
Date:
Upgrade
6/22/ 2020
Bill To: Attn: Accounts Payable Ship To: Attn: Laura Smart Santa Monica Fire Santa Monica Fire
333 Olympic Drive, 2nd Floor 333 Olympic Drive, 2nd Floor Santa Monica, CA 90401
Email:
Santa Monica, CA90401
exception@kronos. com
Solution ID: 6104398 FOB: Shipping Point
Currency: US Ship Method: FedEx Ground
Customer PO #: Freight Terms: Prepay & Add
Data Center: USA
Executive Name: Laura Smart
Executive Email: laura. smart@smgov. net
Program Manager Name: Laura Smart
Program Manager Email: laura. smart@smgov. net
Notes: .
This order is subject to the terms and conditions of that certain Kronos Sales Agreement and Software License Agreement No. 8417 (CCS) between City of Santa Monica and Kronos dated May 26, 2005, as amended by the First Modification dated December 23, 2008, as also amended by the Second Modification dated November 6, 2012, as also amended by the Third Modification dated July 24,2015, as amended by the Fourth Modification dated April 20,2016, and as further amended by the Fifth Modification dated December 28, 2018.
Initial Term: Three Year
Billing Start Date: 90 days from execution of Order Form Renewal Term: One Year
Payment Terms: Net 30
Billing Frequency ( unless otherwise noted, all invoices are due per the payment terms noted above):
Applications: Annual in Advance
Professional Services: Bill as you go, Monthly in arrears as delivered KnowledgePass & Education Subscription: Upon execution of Order Form The fees for the Applications are invoiced 60 days prior to the Billing Start Date.
Kronos will provide Customer read- only ODBC access into Customer’ s production and non-production databases for Timekeeper/ HRMS over secure connection ( e.g. VPN). Customer is responsible for establishing this secure connection to the Kronos Cloud and additional fees for that connection may apply. Kronos may, but is not obligated to, limit or block Customer’ s database read-only ODBC queries in order to prevent failure of the database due to overload. Kronos will not pay SLA credits for any Outage that is the result of overloading the database during read-only ODBC access. Overall performance may be limited during peak processing periods, and Customer may need to limit resource intensive read- only ODBC queries to off-peak periods. Customer acknowledges that read- only ODBC over a long distance secure connection is not a reliable protocol for it does not have retry logic built-in to handle connectivity issues. Kronos will not be responsible for any changes required to Customer’ s internal systems to account for limitations of read-only OBDC protocol.
This order is made as part of a Kronos promotion. All pricing is discounted solely in connection with such promotion and will not be applied to future orders. Customer’ s Software Support and Cloud Hosting services, as applicable, for the existing Workforce Central perpetual licenses shall continue, in accordance with Kronos Support policies, for a period of ninety (90) days from execution of this Order Form, and shall terminate thereafter, unless Customer chooses to reinstate Software Support and Cloud Hosting services, as applicable, at applicable fees.
Workforce Central SaaS Monthly Service Fees shall be invoiced at the Billing Frequency indicated on this Order Form, commencing on the Billing Start Date. As of the Billing Start Date, Kronos will credit any pre-paid but unused fees for Software Support and/ or Cloud Hosting Services on the perpetual licenses, as applicable. Credits may be applied against any amounts owed to Kronos by Customer until such credit is expended. Customer shall pay for Software Support and Cloud Hosting services fees, as applicable, on the perpetual licenses until the Workforce Central SaaS Billing Start Date.
APPLICATIONS
Item License/ Qty PEPM Monthly Price
Workforce TeleStaff Enterprise Bundle V7.1 150 $ 8.00 $ 1,200.00 Workforce TeleStaff Bidding v7.1 150 $ 0.00 Included
Monthly Total: $ 1,200.00
CLOUD SERVICES
Item Qty Unit Price Monthly Price
Read- Only ODBC Access to WFC/ HR Database 1 $ 0.00 $ 0.00 Total Monthly: $ 0.00
CORE SMB PROFESSIONAL / EDUCATIONAL SERVICES
Item Duration Total Price
KnowledgePass SaaS WFC SMB Included
Total Price $ 0.00
Order Form - Workforce Central SaaS for SMB
DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3
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Packet Pg. 904 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 5 BILL AS YOU GO SERVICES
Item Qty Rate Billing Role Total Price
TSG Professional Services 14 $ 180.00 Solution Consultant $ 2,520.00 TSG Professional Services 11 $ 180.00 Project Manager $ 1,980.00 TSG Technical Services 12 $ 215.00 Technology Consultant $ 2,580.00 Paragon Online Remote Team 4 $ 180.00 Project Manager $ 720.00 Paragon Online Remote Team 24 $ 180.00 Solution Consultant $ 4,320.00 Paragon Online Remote Team 16 $ 180.00 Intergration Consultant $ 2,880.00 Paragon Senior Integration 8 $ 215.00 Senior Intergration Consultant $ 1,720.00 Total Price $ 16,720.00
SUMMARY
Item Total Price
Monthly Application Fee $ 1,200.00
Total Monthly Service Fees: $ 1,200.00
Bill As You Go Services $ 16,720.00
Total Bill As You Go: $ 16,720.00
Santa Monica Finance Department
By:
Name: Gigi Decavalles- Hughes
Kronos Incorporated
By:
Name:
Title: Director of Finance Title:
Date: July 13, 2020 Date:
DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3
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Packet Pg. 905 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 6 Customer Name: Santa Monica Fire Department SID: 6104398 Customer Contact: Tom Clemo Phone Number: 424-280-0490
Email Address: Tom.Clemo@smgov. net Currency: USD
Professional Services Work Order
Opportunity ID: SRVCS ONLY
Professional Services Objective/ Outcome Deliverable
PSWO language < 1,000ee:
Technical Upgrade Service Scope to the Kronos Cloud
Cloud overview
Installation of Workforce TeleStaff ( 1) PROD and ( 1) DEV System Overview
4) hours of testing support
4) hours of go live support
Assumptions
All services delivered remotely.
Customer is responsible for migration of the database to MS SQL prior to the upgrade.
Each upgrade is considered as “ like- for-like” and does not include customizations, configuration, new features or functionality other than what is required by the new version.
Customer is responsible for recreating the tasks in excess of (5).
Customer is responsible for testing the upgraded database in the development environment, not to exceed a (4) week time period and should mimic current end to end persona- based tasks.
The project will be closed after eight weeks if customer testing stalls and forward progress toward go live on the upgraded database ceases.
Any additional time required to assist customer will be managed through a mutually agreed upon change order signed by both parties.
Budget
Professional Services Part # Billing Role Contract Type UOM Qty. Rate Total Price 9990057- PRO Solution Consultant Time and Materials Hours 14 $ 180. 00 $ 2,520. 00 9990057- PRO Project Manager Time and Materials Hours 11 $ 180. 00 $ 1,980. 00 9990079- PRO Technology Consultant Time and Materials Hours 12 $ 215. 00 $ 2,580. 00 Time and Materials Hours $ 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Total Professional Services $ 7,080.00
Sales Executive: Bryan Driscoll Create Date: 6/22/ 2020 Author: Expiration Date: 7/23/ 2020
DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3
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Packet Pg. 906 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 7 Statement of Work for CITY OF SANTA
MONICA
Services Only_Integration Support
Sales Executive David Chetlain
Author Tammy Hilsgen
Expiration Date 7/23/2020
Quote Number 2020-56797
Revision # 1
Opportunity ID Opp-317247
Status Approved
Customer SID 6012149
c) 2020, Kronos Incorporated and related companies. All rights reserved.
CONFIDENTIAL - Not to be disclosed to third parties without specific written consent from Kronos.
DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3
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Packet Pg. 907 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 8 Overview
This Statement of Work ("SOW") provides an overview of the project including scope, approach, costs, and how the project will be managed. To support a successful implementation, the customer will provide the required internal project resources.
Project Objectives
The City is looking to track hours when an employee switches roles. Example Fire Fighter or Fire Prevention moves to working on the floor. Kronos will provide Professional Services to modify the following existing integrations to include one additional field for the purpose of tracking job transfers:
WFC / TeleStaff Bi-directional Integration
Payroll Export from WFC to Tyler Munis
Assumption around integration modification is as follows:
The position is already part of the labor structure
Modification of pay policies (pay rules, work rules, schedule rules, overtime rules, pay codes, etc) within WF Timekeeper and WF TeleStaff is excluded from the scope.
Wages remain in Tyler Munis solution, no integration or manual maintain of wages in Kronos Creation of new integrations are excluded from the scope The scope of the services will include the following:
Professional Services will be delivered remotely; Professional Services are billed as consumed.
A change in project scope may require additional professional services. Additional professional services, if required, will be managed through the Kronos Change Order Process.
Customer understands that all Kronos Consultant time must be scheduled in advance through the Kronos Project Manager with a 1 hour minimum per AC/TC call/event.
Kronos Project Manager is Project Coordination Level: resource, budget and billing management 2 Workforce Central environments
Project duration is expected to be 4 working weeks, based upon our experience with our customers and products. Depending upon the preparation and engagement of your organization, there may be opportunity to complete the project in a compressed duration. However, if project resources are unprepared or unavailable, the duration of the project may need to be extended, increasing the budget required to successfully complete this scope of work. Requests for additional scope or activities outside of this planned project scope may be accommodated through the change process. In this circumstance, Kronos may issue a change order to ensure the appropriate budget is available.
Kronos will deliver the scope of this project utilizing a remote approach.
Services Investment Summary
This SOW represents a time and materials engagement. Travel expenses are not included and will be invoiced separately as incurred.
Service Type
Professional Services $ 9,640.00
9,640.00
DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3
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Packet Pg. 908 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 9 Signatures and Approvals
SUBMITTED AND APPROVED BY KRONOS REPRESENTATIVE
By:
Title:
Date:
This Statement of Work is subject to the CITY OF SANTA MONICA's Workforce Central SaaS or perpetual license agreement with Kronos governing Professional and Education Services. By signing below, the authorized CITY OF SANTA MONICA's representative agrees to purchase the services described herein.
ACCEPTED AND AGREED
CITY OF SANTA MONICA
By: Date: July 13, 2020
Title: Director of Finance
CITY OF SANTA MONICA may make necessary copies of this document for the sole purpose of facilitating internal evaluation and/or execution of proposed project. Otherwise, the document or any part thereof may not be reproduced in any form without the written permission of Kronos Incorporated.
All rights reserved. Copyright 2020.
DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3
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Packet Pg. 909 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) 10 Exhibit B-6
BUDGET
Product Price
TeleStaff Bundle Upgrade Services $ 16,720.00
TeleStaff Professional Services, Training, Hardware $ 13,044.00 Contingency $ 4,464.00
Total Amount for Sixth Modification $ 34,228.00
Total Contract Not to exceed $ 642,912.00
DocuSign Envelope ID: 02E54955- 78A9-433A-ACBC- D7F147F03BB3
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Packet Pg. 910 Attachment: Staff Report 06-13-2023 5D (6791 : Approval of First Modification of Contract with UKG (Kronos)) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________
5.V.b
Packet Pg. 911 Attachment: Levine Act Disclosure Form 2.6.24_UKG Kronos (6791 : Approval of First Modification of Contract with UKG (Kronos)) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
5.V.b
Packet Pg. 912 Attachment: Levine Act Disclosure Form 2.6.24_UKG Kronos (6791 : Approval of First Modification of Contract with UKG (Kronos)) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
DATE: January 25, 2024
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $250 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $250 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.
1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.
For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Contracts for goods, services, professional services
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Small contracts, including purchase orders, and zero dollar contracts (no de minimis exception)
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
5.V.b
Packet Pg. 913 Attachment: Levine Act Disclosure Form 2.6.24_UKG Kronos (6791 : Approval of First Modification of Contract with UKG (Kronos))