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HomeMy WebLinkAboutProfessional Services Agreement with Moss Adams for Professional Analysis for Utility Billing SoftwareMemo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Stacy Kilchenmann Date: 9/26/13 Re: October 1 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 15f City Council Consent Agenda for Council's consideration. Award of RFP and Approval of Agreement to Moss Adams, LLP for "Professional Recommended Council Action: Approval of Agreement to Moss Adams, LLP for the Not-To-Exceed amount of $64,680.00. Thank you for your consideration. • Page 1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 9/26/2013 REQUESTING DEPARTMENT MUB$ Fund: 60 Department: 3300 GL Account: 55000 Construction: PSA: X Project # _ Task Order: 10404 Project Name: PROFESSIONAL ANALYSIS FOR UTILITY BILLING SOFTWARE SELECTION Project Manager: Rob SOSnoWSki Department Representative: Stacy Kilchenmann Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Yes Will the project cross fiscal years? Yes Moss Adams, LLP Contract Amount: $64,680.00 No X Budget Information; FY Budget: 14 Enhancement #: 1 Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder Highest Rated X (Bid Results Attached) (Ratings Attached) YeS Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: August 30, 2013 Date Award Posted August 21, 2013 PW License # n/a Current? (attach print out) n/a Correct Category? n/a Corporation Status (Attach Print Out): EXlsting Insurance Certificates Received (Date): September 23, 2013 Rating: A Approved by Risk Management s/z4/zo13 Payment and Performance Bonds Received (Date): n/a Rating: n/a Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/a Date Submitted to Clerk for Agenda: September 26, 2013 Approved by Council Issue Purchase Order No. Date Issued: Issue Notice of Award: Date: Master Agreement (Category) City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Onposted Transactions Included In Report 60 - Enterprise Fund 3300 - MUHS Fram 10/1/2012 Through 9/30/2013 OPERATING COSTS 55000 PY. ofessional Services 0000 NON-DEPARTMENTAL 10909 Ntility Billing Software Total OPERATING COSTS TOTAL EX PENDITORES Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 30,000.00 0. 00 30,000. 00 100.00 0.00 31,731. 15 (31,731. 15) O.OOo 110,000.00 0. 00 _110.000. 00 100.00$ 190,000.00 31,731. 15 108,268. 85 77.33s 190,000.00 31,731. 15 108,268. II5 77 .33s Date: 9/26/13 09;50;15 NA Page: 1 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 60 - Enterprise Etrnd 3300 - MUBS From 10/1/2013 Through 9/30/2014 OPERATING COSTS 55000 Professional Services 10904 Utility Billing Software Total OPERATING COSTS TOTAL EXPENDITURES Budget with Current Year Budget Amendments Actual Remaining 30,000.00 0. 00 30,000.00 _ 110,.000..00 _... ..0. 00 _110,000.00_ 190,000.00 0. 00 140,000.00 190,000.00 0. 00 190,000.00 Percent of Budget Remaining 100.00°s 100.000 100.000 100.00% oaGe: 9/26/t3 09:SL 13 AM Ya ge: 1 0 0 0 0 0 0 ' o 0 0 u-i o u i N r M n ~ Ef) ff) ffl EA ~ 0 0 0 0 O O ~~ O O O O ~ 0 0 0 0 B O O O O r O ~ N N r~ r 1~ h,• G O J ER Ef? EfJ EA t!? Ef? 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OF FOREIGN A11nUal R.G'p®rtS; Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 CHANGE ADDRESS Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Idaho Secretary of State's Main Paqe [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Imaae (PDF format) View Image (TIFF format View Image (PDF format) View Image (TIFF format) View Image (PDF formats View Image (TIFF format) View Image (PDF format) View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos,idaho.gov http://www.accessidaho.org/public/sos/corp/J 1216.httnl 9/26/2013 ACORO ~ l ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/°D(YVYY) 09/24/2D13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, [he policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject [o the terms and conditions of [he policy, certain policies may require an endorsement. A statement on this certificate does not confer rights [o the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Central, Znc. PHONE FA% Chicago IL office (312) 381-1000 (312) 381-]00] (ac. NO. Ext): ac. NO.: 200 EdSi Randolph E-MAIL CfIlCd90 IL 60601 USA ADDRESS: INSURER(5)AFFORDING COVERAGE NAICH INSURED INSURER A: Ndtl Ondl Fl re Ins. Co. of Hartford 20478 MO55 Adams LLP 999 hi d i 3300 INSURER B: COntlnenidl msurance Company 3$289 T r Avenue, Su te Seattle WA 98104 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570051362643 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIODIYWV MMIO~fIVYY LIMITS A GENERAL LIABILITY $088714197 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY General Ll d5llity DAM GE TO 000 000 $1 PREMISES Ea occurtence , , CLAIMS-MADE ^X OCCUR MED EXP (Any one person) $$,000 PERSONAL BADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 POLICY PRO- LOD B AUTOMOBILE LIABILITY $088714166 11 30 2012 10 31 2013 cOMeiNED SINGLE LIMIT 81 000 000 Auto Ea accitlem , , ANY AUTO BODILY INJURY (Per parson) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accidenq X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per acciden0 UMBRELLA LIAB OCCUR EACH OCCURRENCE E%CEBe LIAB CLAIMS-MADE AGGREGATE OED RETENTION A WORKERS COMPENSATION ANO $088714197 11/30/2012 10/31/2013 H T&U X OT OR L M EMPLOYERS'LIABILITY l R T Y I I y/N WOrCe rS COmpen Sdt On ANV PRDPRIETDRI PARTNER/EXECUTIVE ^ OFFICERIMEMBER EXCLUGEOP Y NIA E.L. EACH ACCIDENT $1,000,000 (Mantlatory in NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L.OISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Ahach ACORO 101, Additional Remarks Schedule, i! more space is required) City of Meridian is an Additional Insured as respect The General and Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE VATH THE POLICY PROVISIONS. Ct ty Of Meri di do AUTHORI2E0 REPRESENTATIVE 33 East Broadway Avenue Meri di dn, ID 83fi42 USA (~]'//J ~/~/jJ(~~~~y// `~~j~ ~ O y/j CXIOJd alGtaeL VlN/IGYD U61dGC2(~ sl 9)LL 0 2 d) U d V ©7988-2070 ACORD CORPORATION. All rights reserved. ACORD 25 (2070!05) The ACORD name and logo are registered marks of ACORD AGREEMENT FOR PROFESSIONAL SERVICES ~ ~~~~ THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this"~day of, r 2013, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Moss Adams LLP, hereinafter referred to as "CONSULTANT", whose business address is 999 Third Avenue. Suite 2800. Seattle, WA 98104. INTRODUCTION Whereas, the City is preparing to replace a utility billing system and has a need for services to prepare a detailed and comprehensive needs and requirement definition, identify software solutions and evaluate vendor responses, and assist with implementation process (the "Project"); and WHEREAS, the Consultant has staff trained, experienced, and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings, data, and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant. The City shall have the right to receive copies of such work upon request, except for work containing confidential information of persons or entities other than the City. As set forth in Section 20 below, Consultant acknowledges that City may be required by law to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any Page 1 of 15 work which is copyrighted by the Consultant, the City reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. Notwithstanding the foregoing, or anything to the contrary in this Agreement, Consultant shall not be liable (i) for use of the work by the City for purposes other than on the Project, or (ii) for use of the work by any persons or entities other than the Gity. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. As sole remedy for breach of the forgoing warranty, the City may require Consultant to promptly correct any known or discovered error, omission or other defect in the work at no additional cost or fee to City; provided that the foregoing remedy shall not limit any other claim that might otherwise be available to the City. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Not to Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-to-Exceed amount of $64,680.00 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly pravided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, Page 2 of 15 salary, wages, or other type of remuneration for services rendered under this Agreement., including but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY, 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs, including litigation costs and attorney's fees, arising out of personal injury (including death) or damage to property, to the extent resulting from the negligent performance of this Agreement by the CONSULTANT, its servants, agents, officers, and employees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CITY shall provide CONSULTANT with written notice of such claim and cooperate with CONSULTANT in handling the claim. CONSULTANT shall be entitled to control the defense of the claim with counsel of its own choosing at CONSULTANT's own expense. CONSULTANT shall maintain, and specifically Page 3 of 15 agrees that it will maintain, throughout the term of this Agreement, liability insurance, in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. CITY shall be named as additional insured on the General Liability and Automobile Liability insurance. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, to the extent arising out of or resulting from the negligent performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CGTY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 Email: kwattsOa meridiancity.org Moss Adams LLP Attn: Greg Damon, Senior Manager 999 Third Avenue, Suite 2800 Seattle, WA 98104 Phone: (206) 302-6500 Email: Greg.Damon@mossadams.com Page 4 of 15 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. i)iscrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Fieporfs and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, and printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. Notwithstanding the foregoing, Consultant may convert paper documents to electronic format for archival purposes and may dispose of the paper documents in a secure manner. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, Page 5 of 15 examine, and make excerpts or transcripts fro audits of all non-confidential contracts, invoices, personnel, conditions of employment and othe covered by this Agreement. m such records, and to make materials, payrolls, records of r data relating to all matters 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. Subject to the terms of Section 1.2 above, the CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least thirty (30) days' notice to CITY. In the event of any termination of this Agreement, the City may request, at its option and subject to the terms of Section 1.2 above, copies of all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement, provided that Consultant shall not be liable for use of any unfinished documents, data and other reports. CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of Page 6 of 15 damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 21. Confidentiality: Consultant understands and acknowledges that all tests and results(confidential information) are intended solely for the City. Consultant agrees to hold all confidential information in confidence and will not disclose the confidential information to any person or entity without the express prior written consent of City. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. No Third Partv Beneficiaries. City and Consultant are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons. Page 7 of 15 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN MOSS AD MS, LLC ~ ,. ~ ~~ ~ BY: ~~'~~ c~~ BY: TAMMY de W ,MAYOR ,,~~~~~ L`,,,c, ~ L'~-c 1 ,. '. Dated Approved by -~-Zc.13 ~77r~~ kL'ity ~cucu r Fq 0 f ftre ~xeas~P~ Att t: JAYCE L HOLMAN, CITY CLERK Purchasing Approval BY: KEIT , TTS, Purchasing Manager Dated:: ~ 2 3 ~ 3 September 20, 2013 Approval Page 8 of 15 ATTACHiVIENT A SCOPE OF WORK SCOPE OF WORK City of Meridian, Idaho 83642 Project NO. Contract Specifications for Utility Billing Software Requirements Definition, Software Selection Assistance, and Implementation Assistance Overview The City of Meridian is preparing to replace its Utility Billing System and requires preparation of a detailed definition of requirements for the new system, assistance in reviewing and selecting a new software/vendor, assistance developing a contract with the vendor, and assistance with the new software configuration and deployment. The Utility Billing Department is located in the Finance Department. Other users of the system include the Water Department, the Public Works Engineering Department, the City's contracted solid waste disposal service provider, and the City's contracted lockbox, website, and phone payment provider. Further, the City is desirous of using this opportunity to adopt efficiencies, best practices, and perhaps expand the abilities for the new system. Services Description The following section provides a description of the services to be rendered by Consultant. The methodology for providing these services is included in-the work plan following the description of services. Needs and Requirements Assessment -Consultant will gain an understanding of the City's current utility billing processes and operations by reviewing source data, billing and other relevant processes, and reports currently produced. Consultant will identify the gaps between the current data, processing, and reporting capabilities and current and future needs. Consultant will recommend functional, data processing, and reporting requirements that facilitate improvements in current business practices, yield potential efficiency improvements and achieve industry standards where possible. Departments and Stakeholders to be reviewed include; a Finance, Utility Billing and Accounting A Water Department and Water Field Services ® Valli Information Systems, Inc. -lockbox vendor, website maintenance for on-line payments and services, pay by phone service Page 9 of ~ 5 m Public Works -Engineering ® Information Technology m Republic Services -private contractor for solid waste pick-up, billing done through City Utility Billing System. The needs and requirements assessment will be used for the preparation of a set of discrete requirements that are desired, for both current and future anticipated needs. Technical and Resources Analysis -Consultant will define technical requirements for a new Utility Billing System. Technology will be defined through infrastructure components such as network operating systems, servers, databases, middleware, and business volumes. The technical configurations analysis includes reviewing and analyzing current and anticipated systems (plans), current system processes and how those processes will integrate/interface with applications already in use. Consultant will use resources requirements analysis, both current and anticipated, to determine the expected total cost of ownership and the overall resource requirements for ongoing operation and maintenance of the system. Market/Vendor Research -Consultant will prepare a list of possible utility billing software vendors. The vendors will be prequalified for the specific capabilities required by the Gity to ensure that only highly probable "best fit" vendors are sent RFPs. The prequalification process will be conducted by the consulting team, and may involve telephone conference calls and exploratory vendor meetings. Request for Proposals (RFP) Development and Response Evaluation -Consultant will assemble pertinent information in a RFP format. Consultant will structure the RFP to facilitate vendor understanding of the City's needs in a manner easily understood by vendors. Items to be included: project background and overview of City Utility Billing operations, requirements delineated by module and classified by priority (mandatory/must have, desirable/nice to have, etc.), additional documentation such as system schematics, workflow diagrams, integration models, data exchanges, and integration diagrams. Consultant will assist project team with proposal evaluation. The evaluation of vendor proposals will include end user, management, and technical perspectives. Consultant will use a spreadsheet tool tailored to the City's needs/scoring criteria to support this process. Vendor Demonstrations -Consultant will develop detailed "scripts" for the City to use during vendor demonstrations. Scripts will be designed to provide a comprehensive review of the system while placing emphasis on the City's critical and high priority processing needs. Page 10 of 15 Due D'aligence and Contract BVegotiations -Consultant will assist with inquiries made into the references and other background information relative to the leading candidate after the demonstration process is completed. If necessary consultant will assist with site visits conducted by select members of the project team. Consultant will assist with the contract negotiation process including establishing business terms, negotiating terms, documenting additional provisions, and executing the agreement(s). NOTE: The Consultant's review is for the substance (business terms) of the agreement between the parties, and not for the legal form in which it is presented. Consultants are not attorneys and do not present themselves as having legal expertise with respect to the form of the contract. City should review the final negotiated contract with its attorneys for the purpose of advice on the legal form. Consultant will work with the City using the most effective means possible to ensure a sound agreement is in place. Impiementation Planning -Consultant will work with the City and the selected software vendor to develop an implementation project plan. In addition to a basic work breakdown structure, planning will address processes for managing costs, changes and compliance with scope, schedule, quality, and risk. The following services will be provided by Consultant but will be defined in greater detail with respect to scope, roles, and responsibilities once the implementation planning component is completed. As such, it is excluded from the fee payment schedule defined in Attachment B. Project Governance - The level of oversight and monitoring over software implementation will be achieved through already established governance bodies, if they exist at the City. Typically, the primary project governance body will be the Steering Committee. Since the responsibility for project governance is to provide executive level oversight to the project team, those involved assume a key responsibility for measuring project outcomes. As such, Consultant will equip the governing bodies with managerial tools to get the job accomplished with some certainty. These tools include many of the same tools that Project Managers utilize to do their job. Recommended tools include: m Project charter e Project goals and objectives (maybe embodied within the project charter) ® Project plans e Ongoing progress reports m Required deliverables (definition) a Contract control and payments ® Risk assessment Maintenance of the Project Steering Committee from the requirements definition and selection phases will be important to ensure continuity within the oversight roles. This Page 11 of 15 will also help to ensure that overarching goals and objectives of the project will be maintained. In addition, the expected role of Moss Adams personnel will be confirmed. Our personnel can satisfy an array of project functions, from in depth project management to high-level quality assurance and risk management. Options will be discussed with the City and will largely be dependent of the City's resource availability (budget, personnel, and skills). Regardless of whether the City or Moss Adams is performing the central project management role, progress reporting, performance metrics, and other monitoring processes will need to be defined. Key processes that will be required include change control with respect to the project itself, and process reengineering with respect to ongoing business/operational practices. Methodology and Work Plan The following work plan provides a listing of tasks and deliverables associated with accomplishing the body of work described above. Phase 1 -Project Initiation and Ongoing Project Management Initiate the project and define the scope of activities, as well as determine the level of involvement for the entire project. Establish a structured means to manage the project on an ongoing basis, and connect with the City stakeholders. Define plan to bring the project in on-time, and on-budget, and address project objectives through high-quality deliverables. The following tasks will be performed in association with Phase 1: ® Task 1.1 Establish Project, Work Plan, Schedule, and Ongoing Management Activities ® Task 1.2 Reports on Project Progress ® Task 1.3 Perform Formal Quality Reviews and Assurance The phase will produce the following work products: m Project Work Plan a Ongoing Progress Report Phase 2 -Fact Finding, Requirements Analysis, and Solution Options Once the project has been properly established Consultant will begin gathering data for the purposes of assessing current systems and processes and identifying needs. In this phase there will be a review of the City's current billing systems in use, and walk- through of the associated business processes. Consultant will develop an essential and comprehensive understanding of how the current utility billing system is meeting the City's needs, and identify challenges, redundancies, and "work-around" in the execution of current business processes. The assessment will focus on manageable components, such as infrastructure, database platforms, software, workflow, and reporting functions Page 12 of 15 involved in the processing of information. While some of these tasks are called out separately, they may, nevertheless, be performed in conjunction with one another. The following tasks will be performed in association with Phase 2: ® Task 2.1 Obtain and Review Documentation ® Task 2.2 Conduct Walk-through of Current Processes m Task 2.3 Conduct Interviews with Key Staff ® Task 2.4 Observe and Review Present Systems ® Task 2.5 Assess Current Needs and Resource Requirements m Task 2.6 Document Needs, Requirements, and Solution Options ® Task 2.7 Discuss with Project Stakeholders The phase will produce the following work product; ® Needs Assessment and Technical/Resources Analysis Report Phase 3 -Solution Selection The objective of Phase 3 is the selection of a vendor or vendors to provide the portfolio of software products that, when successfully implemented by the City, will help to meet the strategic vision of the utilities and the utility billing department. Following is the detailed approach that includes a formal RFP process. The following tasks will be performed in association with Phase 3: m Task 3.1 Identify and Prequalify Potential Vendors Task 3.2 Prepare Request for Proposal (RFP) ® Task 3.3 Distribute RFP to Vendors ® Task 3.4 Coordinate Vendor Questions m Task 3.5 Evaluate Vendor Responses Task 3.6 Advise and Consult on Finalist Selection Task 3.7 Coordinate Vendor Demonstrations m Task 3.8 Check Vendor References ® Task 3.9 Conduct Site Visits Task 3.10Consult on Final Selection The phase will produce the following work products; © Request for Proposal Demonstration Scripts ® Vendor Comparisons m Reference Checks Page 13 of 15 Phase 4 -Negotiate Vendor Contract Moss Adams will review the contract review and assist with subsequent negotiation is to identify issues and recommend terms that represent a sound and realistic agreement between the parties. This will help ensure that the parties have a comprehensive understanding of their respective roles and responsibilities. The review is for substance (business terms) only and is not a legal review. The following tasks will be performed in association with Phase 4: m Task 4.1 Review Contract Terms m Task 4.2 Consult with the City Regarding Contract Terms The phase will produce the following work products; ® Negotiated Vendor Contract & Pricing ® Statement of Work Phase 5 -Implementation Planning and Project Governance The full scope of this phase will need to be evaluated and assessed with the City to confirm expected roles and division of responsibilities between the City and consulting resources. The timing, resource needs, and implementation processes are unknown until such time as the vendor and software system(s) are selected. Consultant will assist the City in the implementation planning and establishment of appropriate project governance processes and tools. The following tasks will be performed in association with Phase 5: ® Task 5.1 Develop Implementation Plan a Task 5.2 Review and Confirm with the City and Vendor Task 5.3 Confirm Project Oversight Roles and Governance Mechanisms The phase will produce the following work products; ® Draft and Final Implementation Plans Page 14 of 15 ATTACHMENT B MILESTONE/PAYMENT SCHEDULE TASK DESCRIPTION DUE AMOUNT Phase 1 Project Initiation and Ongoing Project Mana ement $12,644 Phase 2 Fact Finding, Requirements Analysis, and Solution O tions $18,094 Phase 3 Solution Selection and Due Diligence $17,728 Phase 4 Negotiate Vendor Contract $3,480 Phase 5 Implementation Planning and Project Governance $5,804 Estimated Expenses (with receipts) $6,930 °~®t~9 $64,68® Page 15 of 15