Loading...
HomeMy Public PortalAbout10) 7H Approval of Consultant Services Agreement for Installation of Electronic Content Management System and ScanningCity Council April 1, 2014 Page 2 of4 Budget, which included an allocation of up to $25,000 for Technical Assistance Services for the City Clerk's Office for FY 2011-12 and a proposed amount up to $50,000 for document imaging software and citywide document imaging service for FY 2012-13 in the Council Support Budget. 3. On October 1, 2011, the City entered into a Consultant Services Agreement, in the amount of $24,800, with Gladwell Governmental Services, Inc. (GGS), an expert in records retention, document imaging, records management, and electronic records management for local government records. 4. In December, 2012, staff began working with Diane Gladwell of GGS, to assist in the formulation of an implementation plan for the new ECMS. 5. On June 3, 2013, the City released the Request for Proposal (RFP) for ECMS. 6. On June 4, 2013, City Council adopted FY 2013-14 City Budget which included carried over funds of $45,000 from FY 2012-13 for purchasing of ECMS and citywide document imaging. 7. On June 11, 2013, notice of the RFP was published in the Pasadena Star News. 8. On June 28, 2013, the City received six RFPs. 9. On August 22, 2013, the City's selection committee (i.e., Administrative Services Director Hause, Community Development Director Persico, Assistant to the City Manager I Economic Development Manager Haworth, City's contracted IT staff MacCuil, Deputy City Clerk Bonus and City Clerk Kuo) reviewed the proposals, met to receive demonstrations I presentations and contacted the technical support line to test responsiveness and ease of access for all companies who submitted an RFP. The selection committee narrowed down the selection to three bidders. 10. On October 15, 2013, the City Council approved rejection of all bids for the Electronic Content Management System (ECMS) (Document Imaging Software) and authorized staff to re-issue an RFP giving the City the flexibility to customize the look of the ECMS in order to match the feel and functionality of the City's upcoming new improved website. This flexibility is important in order to keep the City's information interface consistent. 11. On January 23 and February 3, 2014, notice of the new ECMS and/or Document Scanning Service RFP (Attachment "A") was published in the Temple City Tribune. 12. On February 4, 2014, notice of the new ECMS and/or Document Scanning Service RFP was published in the Pasadena Star News. City Council April 1, 2014 Page 3 of 4 13. On February 24, 2014, the City received a total of 14 proposals for ECMS and/or Document Scanning Services (i.e., four proposals for Document Scanning Services only from: GRM Information Management Services, Team Legal, Inc., DataArc, LLC and American Reprographics Company, LLC.; two proposals for ECMS only from: Cities Digital, Inc. (Laserfiche) and Canon Business Solutions (Canon); and eight proposals for Electronic Content Management System and Document Scanning Services from: HSMG, American Microlmaging, Inc., Complete Paperless Solution, Hershey Technologies, Matrix Imaging Products, Inc., ECS (Attachment "B"), Information First Governance and Analytics Solutions and RS Computer Association). 14. In February 2014, the City Clerk and Deputy City Clerk reviewed all 14 proposals for ECMS and/or Document Scanning Services and narrowed down the proposals to two companies. These companies (i.e., Complete Paperless Solution and ECS) were invited to give a presentation and demonstration of their product and services. 15. On March 6, 2014, the City's selection committee (i.e., Deputy City Clerk Bonus, City Clerk Kuo, Accounting Clerk Trevino, Management Analyst Pitcher, and Planning Manager Starns) met to receive the presentations and demonstrations from Complete Paperless Solution and ECS. ANALYSIS: Staff received 14 proposals and selected two companies for final interview and presentation. The proposals were evaluated based on the requirements contained in the RFP: 1) ease and simplicity of use; 2) ease and simplicity of configuration, implementation, and support; 3) cost to complete the project or the part(s) of the project the City elects to award, including annual software maintenance and support; 4) experience and references of the vendor; 5) quality and responsiveness of technical support and employee training, 6) visual appeal, especially of the public portal via the City's website, and preference given to vendors who propose both ECMS and Document Scanning Services. Based on the determination of City's selection committee, staff is recommending that City Council award a contract to ECS for installation of Laserfiche ECMS, training, annual software maintenance (Attachment "C"), and document scanning services (Attachment "D"). The decision in selecting Laserfiche Document Management System versus another is that Laserfiche is widely used by cities and is utilized by more than 32,000 websites worldwide with an emphasis on government entities including half of the cities in California and over 3,000 nationwide. ECS is a value added reseller for Laserfiche reseller and has more than 24 years of experience in the industry and 19 years with Laserfiche. City Council April 1, 2014 Page 4 of 4 City Council's approval of the Consultant Services Agreement for an ECMS will further the City Council's goal of government transparency. Other benefits of implementing an ECMS are: prevention of lost records, ability to manage and locate documents quickly, make images centrally available, and safe keeping of records in case of disaster. Document imaging will be implemented in phases beginning with the City Clerk's Office (i.e., City Council and City Commission meeting minutes, resolutions and ordinances). Once these public documents have been scanned and labeled, they will be made available to the public on the City's website. Scanning of other department documents will commence as resources are available. CONCLUSION: The City Council is requested to award a Consultant Services Agreements with ECS Imaging Inc., to install a Laserfiche electronic content management system (ECMS), provide training, and provide annual service maintenance and support services for ECMS; and a Consultant Services Agreement for Document Scanning Services. FISCAL IMPACT: Adequate funding for this project was appropriated in the FY 2013-14 City Budget. ATTACHMENTS: A. Electronic Content Management Software RFP B. Proposal from ECS Imaging, Inc. C. Consultant Services Agreement with ECS Imaging, Inc.-installation, training and annual service maintenance and support services for ECMS D. Consultant Services Agreement with ECS Imaging, Inc. -document scanning services TABLE OF CONTENTS Introduction ........................................................................................................... 3 Section 1 -Scope of Services .............................................................................. 5 Section 2-Process Instructions ........................................................................... 8 Section 3-Specifications ................................................................................... 10 Section 4 -Conditions ........................................................................................ 11 Proposal Form-Part 1 -Questionnaire ............................................................ 14 Proposal Form-Part 2-Proposal Pricing ......................................................... 16 Section 5 -Proposal Review Process ................................................................ 18 EXISTING TECHNOLOGY ENVIRONMENT The City is a standard Microsoft networked environment with no existing legacy ECMS program. Below is a more detailed description of the current infrastructure. HP Network Infrastructure Phones • Nortel System Desktops • Dell Hardware • Microsoft Windows 7 Enterprise SP1 32-bit and Vista, some XP • Microsoft Office 2007 • Microsoft Internet Explorer 9 • iMacs • Sophos Servers • Dell Hardware • Windows Server 2003 and 2008 Virtualization • Microsoft Hyper -V Website • CivicPius, Content Management System Platform Directory services -Active Directory Remote Access • Fortinet Permit • HdL Business License System, Code Enforcement, Animal License • Development and Permit Tracking System (DAPTS), Building Permits • Enterprise Land Management System Edgesoft (ELMS), Planning Permits GIS • ESRI ArcView, desktop version Mobile devices • iPhone 4 and 5 • Lenovo Notebooks • iPad Backups • CA Arcserve PROJECT TEAM The project is managed by the City Clerk's Office. All questions must be directed via e-mail (no phone calls, please) to: Peggy Kuo, City Clerk PKuo@templecity. us Contact with other City employees, Commissioners, Councilmembers or other officials is expressly prohibited without prior consent and may result in disqualification of the bidder. SECTION 1 -SCOPE OF SERVICES SCOPE OF WORK FOR ELECTRONIC CONTENT MANAGEMENT SYSTEM PROJECT GOALS The primary goal of this project is to make public records accessible to City staff and members of the public. The selected ECMS will make it easier and more efficient for employees and the public to obtain public records. The City seeks to provide an ECMS with an attractive, customizable interface for the publ ic that integrates well with their public website, user-friendly interactive tools and full- text-search-engine compatibilities. The contractor will provide the City with a ready to use ECMS System the City staff can immediately begin transferring information to. The City is committed to making the public portal , with City Council minutes, resolutions, ordinances, and agenda packets available to the public by May, 15 2014. PROJECT OBJECTIVES To provide the public with immediate access to public records in a customizable, attractive, and easy-to-use portal via the City's new website, and to provide internal access for all City documents to be organized and independently accessed (some records are not to be accessible to the public, and some are to be accessible to all employees, or selected groups of employees, only). To fully implement the system, and upload the scanned documents resulting from this RFP by May 15, 2014. SCOPE OF WORK Contractors replying to this RFP will be asked to organize and itemize their proposals in to two (2) main areas for the City's consideration of their services: (1) Electronic Content Management System (Archive & Retrieve); and (2) Scanning and Indexing. Vendors bidding on ECMS must also propose a scanner (Fujitsu Fi-7260). Vendors are welcome to bid only on ECMS, or Scanning services, or bid on both services. The City's preference is to work with one vendor who can successfully provide all services and complete the project before May 15, 2014. SUCCESSFUL ECMS CONTRACTOR WILL DELIVER THE FOLLOWING: 1. Navigation and Visual Appeal • Content framework to support easy navigation to key public records with visual appeal and option to customize the look of the interface portal for the public. 2. Content Management System • The Contractor shall provide an Archive & Retrieval ECMS solution w ith the licensing and access described in the Specifications. • The ECMS software proposed shall be in use by other local governments and shall not be a beta release candidate or other early adopter technology. • The system shall provide for visually appealing, easy-to-use public portals via the City's interface that allows the public to search and retrieve selected records on PC, Macintosh (Apple computers) I and Tablets (iPad, Android, etc.) platforms used by the public. • The Contractor will provide a search engine solution that will support indexing of all contents (full-text & metadata searching) within the ECMS. • Fujitsu Fi-7260 scanner. 3. Implementation -ECMS • Provide an ECMS software implementation project plan. • Install and configure website E CMS software on City server infrastructure. • Deliver and install Fujitsu Fi-7260 scanner, ensuring it successfully works with your software. • Develop the customized web interface for the public to direction of the City. " All other services, including training, required to successfully install the system. SCOPE OF WORK FOR DOCUMENT SCANNING AND INDEXING SCANNING SPECIFICATIONS 1. All scanning and indexing to be done in compliance with all applicable California State laws, and ANSI and AIIM standards (which are incorporated into law by reference.) 2. All documents scanned at 300 dpi, black & white, in a file format (TIFF or PDF) as determined by the City, named and indexed according to document naming conventions as determined by the City. 3. VRS (Virtual Re-Scan) or like technology to be used on all images to improve the quality of the scan. 4. If the document is on colored paper (e.g., green, blue, etc.) use form drop out so the image appears as if it was white paper. 5. All text documents must be OCR'd and the OCR files delivered with the images. 6. Hard-to-read images (e.g., blue mimeograph ink, dot matrix printers, etc.) will be re-scanned by the vendor at no charge so that the document is as usable as the original. 7. Any damage to documents, or other anomalies or difficulties, is to be promptly reported via e-mail to the City. 8. Any requests made by the City for images will be provided via e-mail of the scanned image within one business day. 9. All scanning, indexing, and quality checking must be performed in the State of California (no out-of-country or out-of-state services). DELIVERY SPECIFICATIONS 1. Images delivered on DVD-R format. 2. The original paper documents are returned to the City in the same order, in the same condition as received, and in the same box or drawer as they were sent in. 3. Documents are re-stapled, or placed in binder clips in the same order and in the same file fo lders or binders. Comb-bound documents are to have the comb-binding removed, and returned with a binder clip. 2. 1 Scan, index and quality check of one & two page documents (Black & White and Colored) 3. 1 Image Retrieval (from Indexed fields) -Thin Client 4. 1 Full Text Retrieval (bring up text and image) -Thin Client 5. 1 Image Retrieval of a large format (e-sized) drawing 6. Describe your customer service process (both from a user and a IT technical perspective) 7. Describe how you propose the City place images and indexes on unalterable media. 8. Allow at least 10 minutes for questions. If you demonstrate any function or feature that will be an additional charge or will require additional software or hardware, you must disclose this during the demonstration. EVALUATION CRITERIA Evaluation of the proposals is expected to be completed within 30 days after the deadline. The City of Temple City will award the contract based upon the proposal the City determines to be most advantageous. Selection criteria upon which evaluation of the proposals will be based includes, but is not limited to: 1. Ease and simplicity of use; 2. Ease and simplicity of configuration, implementation, and support; 3. The cost to complete the project or the part(s) of the project the City elects to award, including annual software maintenance and support; 4. The experience and references of the vendor; 5. The quality and responsiveness of technical support and employee training; 6. Visual Appeal, especially of the public portal via the City's website; and 7. Preference will be given to vendors who propose both ECMS and Scanning services. The City of Temple City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. CONDITIONS Upon award of contract, the proposer shall agree that: 1. Information received from the City of Temple City about its operations, plans, products, or services may not be revealed to any third party without prior written consent of the Project Manager. 2. Proposal shall inclu de a list of all subcontractors or business partners that the vendor contemplates using for approval by the City. Once approved, the list shall not be changed without prior written approval by the City of Temple City. SECTION 3: SPECIFICATIONS-ECMS & SCANNER 1. ECMS (archive & retrieval), including electronic imports, scanning, OCR, Indexing, searching via Full-text & Metadata combined at the same time, retrieval of text and images, e-mail (MAPI) of images in TIFF or PDF format. No hosted systems (Cloud I SaaS) or subscription pricing will be considered. 2. Two (2) Full "Thick Client" users (scan, index, OCR, e-mail as a PDF attachment). 3. Five (5) "Thin Client" employee users (search, retrieve, e-mail as a PDF attachment, print) to be deployed on the City's internal network. 4. Five (5) "Public" users capable of searching , retrieving and downloading PDFs with a customizable interface to be incorporated into the City's Website. The site must be accessible and functional on PCs, Macintosh computers (Apple Computers), and Tablets (e.g., iPad , Android , etc.). 5. Annual Software Maintenance and Support. 6. Installation and Configuration on City's servers. 7. Training of 3 Users I System Administrators-Two half days on site. 8. Fujitsu Fi-7260 scanner with VRS (or like scanner). DELIVERABLES -ECMS Deliverables shall include, at the least, the following components, installed and fully functional as described below and elsewhere in this proposal, at specified Temple City buildings as appropriate: 1. All required software; 2. The successful installation must take place within the agreed upon timeframe(s). Successful installation is defined as: All components purchased via this proposal and contractual agreement are fully operational (includes employee training as directed by the City) and able to be relied upon on a daily basis by the City of Temple City; 3. Onsite employee training completed within an agreed upon timeframe; 4. Annual software technical support; and 5. Annual software maintenance and upgrades. SECTION 4: CONDITIONS (All Vendors) HOLD HARMLESS The selected vendor shall indemnify and hold the City, its officers, agents and employees harmless against all liability and property damage for actions connected to the vendor's work for the City. VALIDITY OF PROPOSALS Proposals shall be valid for one hundred twenty (120) days from the submittal deadline. STATUS OF CONTRACTOR I PRIME CONTRACTOR It is agreed to and understood that any employees of the contractor and the employees of any approved subcontractor selected for this project shall be considered private contractors and not employees of the City of Temple City. The City of Temple City prefers to contract with a primary vendor. If a multi- vendor, solution partner, or subcontracted approach is proposed, the proposer should clearly identify the responsibilities of each vendor and the assurances of performance offered. The prime vendor will be responsible, and must take responsibility, for the entire contract performance whether or not other vendors, subcontractors or solution partners are used. RIGHTS The City of Temple City reserves the following rights: 1. To modify this RFP at any time; 2. To determine the professional and financial competence and responsibility of proposers; 3. To select a limited number of proposers to be interviewed or to provide on- site demonstrations at the City's so le discretion; 4. To accept the most qualified proposal; 5. To require additional demonstrations and site visits to existing installations; 6. To purchase some components from other vendors (e .g., hardware); 7. To adjust the project schedule and scope to best meet the City's needs; 8. To ask a proposer to provide alternative pricing for various components than those originally proposed; and 9. To reject any or all proposals. LATEST TECHNOLOGY The proposer must provide the latest versions of all software. All manufacturer licenses, titles, manuals, and warrantees will be passed through to the City of Temple City. The proposer warrants that deliverables will be in conformance with the RFP, free from defects of product or workmanship, and fit for the intended purpose. All warrantees survive delivery and are not waived by the City's acceptance or payment. ABILITY TO PERFORM Proposer warrantees that it possesses the expertise to provide all equipment, labor, materials and licenses necessary to carry out and complete the work in compliance with the request for proposal as well as any and all federal or state laws and regulations. The proposer shall guarantee that all provisions of the proposal submitted shall remain in effect for a period of 120 calendar days from the date of proposal opening. Proposal may not be withdrawn after the submission date. PAYMENT TERMS Payment for software, less 10% of the software price, will be made upon successful installation at the City of Temple City. Successful installation is defined as all components purchased via this proposal and contractual agreement are fully operational and able to be relied upon on a daily basis using Temple City's existing network (includes completion of employee training). Payment for all services will be made following the successful delivery of those services. BILLING The successful bidder shall provide itemized billing for equipment, software, installation, training, and maintenance, less the 10% software holdback, after successful installation. ACCEPTANCE TEST I TITLE The City will require a 120-day acceptance test, which will begin after completion of successful installation. Successful installation is defined as all components purchased via this proposal and agreement and are fully operational and able to be relied upon on a daily basis using Temple City's existing network (including employee training). Ten percent (1 0%) of the software price will be retained by the City and will be released after successful performance of the acceptance test. The City will exercise all functions of the system to ensure it meets all requirements as stated in this RFP and in the vendor's proposal. The vendor has a duty to repair or replace any problem components within the agreed upon time frame. The City's acceptance will be transmitted in writing. If completion of the acceptance test is unsuccessful, the City shall have the option to return all equipment and software and the vendor shall refund any monies paid. STANDARDCONTRACTANDINSURANCE The successful bidder must comply with the City's standard contract language and insurance requirements. See Appendix A. PROPOSAL DEVELOPED BY CONSULT ANT This proposal was developed by Gladwell Governmental Services, Inc. It contains pre-existing copyrighted material, and cannot be utilized or distributed for purposes other than those of the City of Temple City without the prior written consent of Gladwell Governmental Services, Inc. and e-sized documents are printed on paper, mylar, or vellum. They must be "grouped" by project as directed by the City. Proposers are not required to bid on all items. All pricing must be bid at 300 dpi black and white TIFFs or PDFs using VRS or like technology. Indexing will be defined by the City for each record series scanned, and will include drop-down lists (constrained data entry) as defined by the City. ITEM COST Cost for scanning: B&W Letter or legal sized documents per page Cost for scanning: Color Letter or legal sized documents per page Cost for scanning: B&W e-sized documents per sheet Cost for scanning: Color e-sized documents per sheet Cost of Naming a Document -with a 1 0-character document name Cost of Indexing when all field data is provided by the City in Excel Cost of Indexing per hour (no data provided by the City) Cost of Indexing per list field (selection of a drop down list -no data provided by the City) Cost of Indexing a date field Cost of Indexing a 10-character indexing field Cost to Quality Check images -Option 1 (during scan): Quality checking must be performed by humans. All images must be quality checked as they are scanned, and must contain all significant details from the original and must be an adequate substitute for the original document for all purposes for which the document was created or maintained Cost to Quality Check images -Option 2 (after scan & index, by a different employee): Quality checking must be performed by humans. All images must be quality checked after the scanning and indexing by a different employee, and must contain all significant details from the original and must be an adequate substitute for the original document for all purposes for which the document was created or maintained Cost to Quality Check indexing (must be performed by humans) Fee for OCR of documents if any Pickup fee, if any, and constraints (e.g., maximum number of boxes, etc.) Only one pickup fee shall be allowed per trip I location (the vendor may be asked to pick up records from several departments, and only one pickup fee shall apply) Delivery fee, if any. Only one delivery fee shall be allowed per trip I location (the vendor may be asked to deliver records from several departments, and only one delivery fee shall apply) Disclose any fuel surcharge, if any Provide a list of any fuel surcharges you have implemented over the I ~.· .. ""r ;· .. .,., .·· 1. ' \ ,, .. .. '\' ,. ' ... :.' .·.r'\. t .• , •• ( i ~ "t .... J . : ~ •. J •• ~-: 1<6 ~: J '· . .. l :; . • ·· ... ( .. l · ,'l ~ 'I ,, l $ "· . ' ., ... ~· .· Page.2 Table of Contents Executive Summary ....................................................................................................................................... 5 PROPOSAL FORM-PART 1 QUESTIONNAIRE ................................................................................................ 6 1. Competitive Advantage ......................................................................................................................... 6 2. Company Profile .................................................................................................................................... 7 Organizational Chart .............................................................................................................................. 8 Staff Biographies ................................................................................................................................... 8 ECS Client List ...................................................................................................................................... 11 Client Testimonials .............................................................................................................................. 13 3. TRAINING ............................................................................................................................................. 15 4. SUPPORT .............................................................................................................................................. 15 Escalation Process ............................................................................................................................... 17 5. REFERENCES ........................................................................................................................................ 18 PROPOSAL FORM-PART 2 PROPOSAL PRICING ......................................................................................... 20 ECMS PRICING ......................................................................................................................................... 20 ECS Imaging ECMS Cost Proposal ............................................................................................................ 21 SCANNING PRICING ................................................................................................................................. 23 Scanning Services ........................................................................................................................................ 24 ECMS Implementation I Project Management ........................................................................................... 26 Solution Description ................................................................................................................................ 26 Project Management Methodology ........................................................................................................ 26 Project Timeline ....................................................................................................................................... 27 Roles and Responsibilities ....................................................................................................................... 28 Communication Plan ............................................................................................................................... 28 Software and Hardware Specifications ................................................................................................... 29 Software Product Information ................................................................................................................ 32 Software Product Descriptions ................................................................................................................ 36 Optional Laserfiche Software Modules ...................................................................................................... .40 Optional Software Pricing ........................................................................................................................ 47 Scanner Product Information .................................................................................................................. 48 ECSrmaging.lnc ........ ~, ~·Jorid ~~.,, t .. 'l.t:tiiLilC I'J•h'U.IUt Page.4 Executive Summary The City of Temple City has solicited proposals for the design and implementation of an Electronic Content/Document Management System in combination with Document Scanning Services. The objective is to provide a turn-key solution that includes electronic document management and electronic document imaging in an integrated environment. We will work with the City Clerk's Office to get all the archive documents scanned to help build your Laserfiche System. ECS Imaging understands the best practices for document scanning as we have worked with over 100 cities and have scanned City Council Minutes, Resolutions, and Ordinances like yours many times. Our specialty is helping the City Clerk's Office implement a document management system so City staff can quickly and easily access documents and information. Our experience and help allows you to have a system in place with documents now at your f ingertips. We look forward to using our years of experience in scanning City Clerk records and assisting to build your Laserfiche System to fit your needs and help you every step of the way. We understand you have several goals to meet such as internal records to be accessed and making certain records available to the public. ECS Imaging is submitting this proposal to deliver a document management solution that provides a central repository for storing the City's documentation and images, while providing ease of access and robust security. In addition, the City realizes that it has an opportunity to ensure that information is readily accessible to those who need it, the City's employees and constituents. ECS offers Laserfiche which provides user friendly interface and a full capture capability. You will find that the technical merits of the software meet all of the stated desires given by the City. Laserfiche is a flexible and configurable system allowing you to start with any amount of users and grow to a full enterprise system as the need occurs. ECS will provide the experience and knowledge we have gained through the install of over 300 systems in the United States. We have 14 technicians to serve you along with your own Account Manager and our Executive Team who makes sure every client is a satisfied client. ECS Imaging has been California's largest provider of Laserfiche enterprise content management solutions since 1995. ECS Imaging Inc.'s long history of successful installations and "Client Centric" approach to building comprehensive solutions is underscored by our extensive list of supported accounts. ECS can help the City meet its goals with: • Pick up and Securely Scan your Documents • Consult and assist on ingesting the scanned documents into the City's Laserfiche System • Centrally manage records • Instantly find any record by word, phrase, or your preferred filing categories • Reduce costs of paper duplication and storage • Protect information from disaster and unauthorized use • Retrieve supporting documents while working with other applications • Streamline processes with automated workflow and notifications • Allowing the Public to Access records from your website in Laserfiche Page.S PROPOSAL FORM -PART 1 QUESTIONNAIRE 1. Competitive Advantage State why your system is the best solution to meet Temple City's needs The Laserfiche Document Management System is easy to install, easy to learn and easy to use . Laserfiche is a flexible and configurable system allowing you to start with any amount of users and grow to a full enterprise system as the need occurs. Laserfiche Software is utilized by more than 32,000 sites worldwide with an emphasis on government entities including about half of the Cities in California and over 3,000 nationwide. In the recent years Laserfiche has added the following capabilities: Check in Checkout, DoD 5015.2 Records Management and Integration with Microsoft SharePoint as part of Laserfiche WebAccess. Laserfiche Mobile Access allows access to Laserfiche through your iPad and/or iPhone mobile devices. And electronic Forms which provides a means in which to collect information and automate business processes. The proposed solution provides easy-to-use document management, document storage and retrieval capabilities through an intuitive and flexible interface that will be customized to meet the needs of the City. Flexible licensing allows us to deliver the solution the City currently needs, and will allow scalability for future growth. We've proposed a solution that will utilize a single centralized repository, controlled through security. Users will access the system through a user-friendly, Windows-centric or Web browser interface. The proposed capture platform will automate the recognition, indexing, and filing of documents with a built in interface to the rest of the system. The proposed solution is compatible with the City's current environment. State concisely why your company is the best to deliver the product ECS Imaging, Inc. is a world-class Laserfiche provider and has continuously been ranked the #1 value added reseller (VAR) in the state of California for over 19 years. We specialize in turn-key document management solutions and have installed more than 300 Laserfiche systems. Ranging from stand-alone systems to complex enterprise systems with high volumes of sensitive data, ECS Imaging, Inc. prides itself on providing services for each unique situation. ECS Imaging, Inc. was established in 1990 with the goal of perfecting the art of blending business with technology to help government and commercial organizations improve their operations. We have over 24 years of experience in the industry and 19 years with Laserfiche. We have installed Laserfiche solutions in most industries with an emphasis on local government. Our solutions have been implemented for a variety of agencies from small cities with one department to enterprise-wide, multiple server, multiple domain networked solutions over WAN's, LAN's and Virtual Farms. We offer a full range of turn-key imaging services including: document management and e-forms software, digital signatures, hardware, consulting, project management, on-site training and support, scanning services, microfilm/fiche conversions. Some of our industry partners include Microsoft and Fujitsu. ECS Imaging, Inc. also partners with agenda manager and digital signature providers such as, NovusAGENDA and ARX Digital Signature solutions which greatly improves the paperless environment and simplifies your business processes. Additionally, ECS offers a complimentary Annual Conference for our clients and quarterly user groups with free training. We believe in providing continued added value to our clients in an ongoing basis and assisting them in utilizing the solutions we provide to the maximum potential. We have developed strategic industry partnerships to provide our clients an enterprise content management solution from one source; ECS Imaging. Page.6 2. Company Profile ECS Imaging, Inc. is a world-class Laserfiche provider and has continuously been ranked the #1 value added reseller {VAR) in the state of California for over 18 years. We specialize in turn-key document management solutions and have installed more than 300 Laserfiche systems. Ranging from stand-alone systems to complex enterprise systems with high volumes of sensitive data, ECS Imaging, Inc. prides itself on providing services for each unique situation. ECS Imaging, Inc. was established in 1990 with the goal of perfecting the art of blending business with technology to help government and commercial organizations improve their operations. All ECS Executive, Sales and Technical staff attend annual training. Staying up-to-date and informed on the latest features and enhancements within Laserfiche provides our clients with t he most effective support available. All ECS techs are certified and ECS is a Gold Certified Laserfiche Reseller. ECS Technical Staff currently holds over 75 Laserfiche Certifications collectively. We take great pride in providing superior and consistent technical support that exceeds the requirements of our clients. ECS Imaging, Inc. current employs 39 full time staff providing the following services: • Project Management • Laserfiche Installation • Software and Hardware Integration • On-going Support of Software and Hardware • On-Site Training and Support • Scanning Services (including Large Maps, Microfilm, Microfiche conversion) • Electronic Forms and Digital Signature Solutions • Integrations to 3rd party applications • Custom Application Development • Documentation • Complimentary Quarterly User Group Workshops • Annual Complimentary Client Conference ECS1maging.lnc y..,.,.., W ,rl. l..l.l'l~ 1 .. '\t•rlt,.j,.,. l'H..t.,.•iJr r Page. 7 Rick Parker Solutions Engineer Industry Experience 9 Years With ECS Since February 2014 BS in Information Technology from American Intercontinental University Telecommunications Management from Devry Laserfiche Certifications:2, 8, 9 *Laserfiche Certifications: 1) ECM 101 5) Capture I 9) Laserfiche Administrator II 2) Laserfiche Specialist 6) Capture II: Quick Fields 10) Advanced Security 3) Repository Architect 7) Capture Workflow 11) Records Management Edition I 4) Business Process Management 8) Laserfiche Administrator I 12) Troubleshooting Account Manager Lori Welz Account Manager Industry Experience: 17 years With ECS Since January 2011 Iori @ecsi magi ng.com (562) 335-4530 Administrative Staff Jami Shore Office Manager & Tech Support Single Point of Contact Industry Experience 10 Years With ECS Since February 2003 ECSlmagi~g.lnc '""'•.U 'oUHI..S t..l>ll··lo I dHTI tltl\1,, Ptlh"Uh:f 13) Laserfiche Integrator I Kristan Stillman Accounting & HR Supervisor Industry Experience 7 Years With ECS Since October 2006 Page. 10 ECS Client List City Governments City of San Pablo Education City of Agoura Hills City of Solvang Alvord Unified School District City of Alameda City of South Lake Tahoe Antioch Unified School District City of Albany City of South San Francisco Barstow College City of Aliso Viejo City of Stanton Bonita Unified School District City of American Canyon City of Temecula Capistrano Unified School District City of Antioch City of Tracy Central Union High School District City of Arroyo Grande City of Twenty-nine Palms Charter Oak Unified School District City of Atascadero City of Tustin Claremont Unified School District City of Beaumont City of Ukiah Coachella Unified School District City of Bell Gardens City of Union City Colton Joint Unified School District City of Brawley City of Vacaville Davis Jt. Unified School District City of Brea City of Vernon Del Norte County Schools City of Brentwood City of Vista Fairfield Suisan Unified School District City of Calimesa City of Walnut Fillmore Unified School District City of Carson City of West Hollywood Fremont Unified School District City of Chula Vista Town ofTiburon Fresno County Office of Education City of Colton Town of Truckee Gateway Community College, AZ City of Coronado Town of Yucca Valley Hacienda-La Puente Unified School District City of Cupertino Hanford Elementary School District City of Dublin Special Districts Imperial County Office of Education City of El Cajon Cambria Community Services District Jurupa Unified School District City of El Cerrito Central Basin Municipal Water District Kentfield School District City of El Monte Central Contra Costa Sanitary District Kings County Office of Education City of Fullerton Chino Valley Fire District Lagunitas Unified School District City of Half Moon Bay Costa Mesa Sanitary District Lake Elsinore Unified School District City of Hesperia Cosumnes Community Services District Lawndale Elementary School District City of Highland Diablo Water District Lemon Grove School District City of Indio East Valley Water District Long Beach Community College District City of Kerman Foothill Transit District Los Angeles County Office of Education, City of Lake Elsinore Fresno Irrigation District Head Start City of Lakewood Hayward Area Recreation & Park Los Angeles County Office of Ed, Human City of La Mesa District Resources City of La Mirada Hi-Desert Water District Los Angeles County Office of Ed, Juvenile City of La Palma lronhouse Sanitary District Court Schools City of La Quinta Lake Arrowhead Community Services Los Angeles County Office of Ed, Personnel City of La Verne District Commission City Of Lathrop Mammoth Community Water District Los Angeles County Office of Ed, School City of Lemon Grove Municipal Water District of Orange Financial Services City of Livermore County Madera Unified School District City of Lomita North County Transit District Marin Community College District City of Los Alamitos Olivenhain Municipal Water District Marin County Office of Education City of Lynwood Rincon del Diablo Municipal Water Mill Valley School District City of Morgan Hill District Monterey Peninsula College City of Oakdale Soquel Creek Water District Moreno Valley Unified School District City of Patterson South Tahoe Public Utility District Pegasus School City of Pismo Beach Tahoe Public Utility District Parlier Unified School District City of Placentia Walnut Valley Water District Placentia-Yorba Linda Unified School District City of Pomona Victor Valley Transit Authority Pomona Unified School District City of Rancho Cucamonga Rio Hondo Community College City of Rancho Palos Verdes Housing Authorities San Benito County Superintendent of City of Redwood City City of Alameda Housing Authority Schools City of Riverbank Hawaii County Housing Authority San Bernardino City School District City of San Dimas Livermore Housing Authority San Lorenzo Unified School District City of San Leandro Mississippi Regional Housing Authority San Mateo-Foster City Elementary School City of San Luis Obispo Santa Cruz County Housing Authority ECS1maging.lnc ...... ""' "~~,, "''"'· L.oi'\lolf!U.II~ ~· •• ,. .... ,~ •. , Page. 11 City of San Ramon Commercial and Non-Profits Law & Justice City of Santa Paula California Administration Insurance Cal State University Los Angeles, Police City of Saratoga Services, Inc. City of Alameda Police City of Signal Hill Consolidated Personnel Services, AZ City of Antioch Police Santa Ana College Diocese of Sacramento City of Atascadero Police Santa Ana Unified School District Family Services Association City of Beaumont Police Santa Clara County Office of First Foundation Bank City of Burlingame Police Education Garrett Engineering City of Chula Vista Police Santiago Canyon College ICC-International Code Council City of Corona Police Selma Unified School District lSD Corporation City of Dublin Police Shoreline Unified School District LA Mission City of Kerman Police South Whittier School District Lennen Construction City of La Palma Police Stanislaus County Office of Lustre-Cal City of Livermore Police Education Pabrai Investment Funds City of Pittsburg Police Sunnyvale School District PARS City of Placentia Police Sweetwater Union High School Pacific West Asset Management Corp City of Pomona Police District Planner's Network City of Redlands Police Tamalpais Union High School District Reneson Hotel Group City of San Bernardino Police University of Southern California Surterre Properties Inc. City of San Leandro Police Vacaville Unified School District University Frames Inc. City of San Luis Obispo Police Val Verde Unified School District Valley Insurance Program City of San Pablo Police Valley Center Pauma Unified School City of San Ramon Police District Counties & Tribes City of Santa Paula Police West Valley Mission Community Contra Costa County Auditor-Controller City of South Lake Tahoe Police College Contra Costa County Community City of Tustin Police Whittier Union High School District Development City of Vernon Police Contra Costa County Public Works Contra Costa County Superior Court Health Care Hawaii County El Dorado County Superior Court Alameda County Behavioral & Madera County Federal Public Defenders of San Diego Environmental Health Morongo Band of Indians Hawaii County Prosecuting Attorney Crestwood Behavioral Health, Inc. Riverside County Children & Families Madera County District Attorney & Sheriff Abeo (Genascis) Commission Modoc County Court MedAmerica Billing Services, Inc. Riverside County Human Resources Riverside County Sheriff Pierce Enterprises, Inc. Riverside County LAFCO Riverside County Superior Court Queen of the Valley Medical Center Riverside County TLMA San Bernardino County Superior Court St. Mary Medical Center San Bernardino County Architecture & San Mateo County Superior Court Toiyabe Indian Health Project, Inc. Engineering Santa Cruz County Superior Court Valley Mountain Regional Center San Bernardino County Children Stanislaus County Sheriff-DEA Services Manufacturing and Distribution San Bernardino County LAFCO Amini Innovation Corporation Soboba Band of Luiseno Indians Brown Metals Company Diamond Foods Esterline Palomar Products Jifco Fabricated Piping Meissner Manufacturing Company Inc. Newport Meat Company Orco Block PJ's Building Materials & Rebar Fabrications ECS1maging.lnc 'r-uo.~r !o'\l~rld '--'•"" 1 .. \t.'ltu.th.' t"•u"Wuh~• Page.12 "Sophia did a great job yesterday-we were able to get the volume loaded, and she followed up the call with a great user's manual to make sure we are dialed in ... THANKS!" Barry Schamach, Contra Costa County Public Works "Sophia did a great job of training me on the art of Quickfields Sessions! She's awesome!" Colleen Haupt, City of Half Moon Bay "Michele is excellent and very knowledgeable always a joy to work with." Joyce Price, City of Alameda "Shelby ... I just wanted to take the opportunity to personally thank you for the successful Laserfiche transition/upgrade you recently performed here at Marin County Office of Education. I appreciated your sense of humor, coupled with your professionalism, as you worked through our migration issues. I think you are an asset to the organization and they are lucky to have you. I am sure questions will come up as we begin looking at workflow and automation options but right now we are more than satisfied with the migration. THANK YOU THANK YOU THANK YOU!!!" Lisa Lanning, Marin County Office of Education "Sophia Ponce was able to resolve the scanner issue fully, so please do close out the support request. Sophia was courteous, effective, and thorough in that she not only found and helped to correct the problem, but asked if there was any other issue that needed attention. Thank you for following up." Cathy Peterson, Lake Elsinore Unified School District "Michelle gave me instructions on what to do. You can close the ticket. Thank you ECS for your responsiveness!" Steve Pappa, City of Dublin "As always Bich assisted with the questions that have come up about Workflow and find the assistance at ECS to be excellent." Mary Ellen, City of Solvang · "Bich was wonderful. He solved my problem quickly. I am very happy with his assistance." Lupe Gaeta Estrella, City of La Verne "Hello ECS Support! Yes, Sophia absolutely satisfied our support request. She does a great job. She is patient, knowledgeable and demonstrates great customer service! We appreciate her very much!" Collen Haupt, City of Half Moon Bay "Chad created a clear approach work plan prior to the job. Because of this, I was able to implement a lot of the work before ECS came on site. The migration and upgrade were hence completed within 3 hours and all was up and functional minimizing our down time. All is well and the customer sends their appreciation." Steve Quintance, City of Pomona PD "Michele is the BEST! She is always professional and extremely helpful. Thanks." Joyce Price, City of Alameda Page.14 "Thank you ECS, Tommy was a great help. He pointed me all the right directions and I was able to complete my task. Cudos to Tommy! Trevor Kay, Santa Ana College "Bich was wonderful. I was frantic and he fixed the problem. Thank you Bich. Give him raise." Lupe Gaeta Estrella-City of La Verne "Thank you ... Shelby was of great assistance to me! Thanks!" Carlo-Angelo Fanta, City of Tracy PD, January 15th 3. TRAINING Providing proper training is critical to the success of the implementation. In most cases, training is provided onsite by ECS, individually and in groups according to role/function and using a copy of the production system. End-User Training End User Training will occur on site, on the installed system. One session will be comprised of scanning, batch scanning, advanced scanning, indexing, filing and retrieval functions. It is recommended that only a few at a time be in this session, as this session includes hands-on training for each person. It's important that each Scan operator actually scan in real documents and get familiar with the process. The second session will be for retrieval and viewing only users. It is recommended that there are no more than 10 individuals per session. This will address the various retrieval methods, viewing options, printing, emailing and customizing tool bar options. System Administrator Training System administrators should be encouraged to participate in as much of the implementation process as possible so they understand how the hardware and software components are configured and work together. System Administrator Training begins with a comprehensive overview of the Laserfiche System. This includes each component reviewed in detail. Integration and installation issues are also addressed. The role of the trainer is to provide the participants a thorough understanding of the Laserfiche system so that they can develop, integrate, and manage the system at their organization. As a Training Outline, they will be learning: Template Creation and modification, folder design concepts, Laserfiche security setup and administration, database backup, other miscellaneous tips and tricks for the Laserfiche System Administrator, volume management, other Laserfiche products/plug-ins, and most common Laserfiche problems and how to resolve them. Some of these functions may be taught also to the Department Manager. The System Administrator is usually someone with a good knowledge of computers; often an Information Technology person would be best for this role. 4.SUPPORT Laserfiche Support Assurance Plan Laserfiche Support Assurance Plan (LSAP) includes unlimited-telephone support and free copies of Software Version Updates. Updates are released an estimated 1-4 times per year. ECS Imaging, Inc. will promptly troubleshoot and resolve any issues that may arise. The Plan also includes all the latest hotfixes, updates and patches to keep your system running at peak efficiency. New releases of all Page. 15 superior Response and the proper attention on the first call. Our Client Care Coordinator is the in-house representative for our client and provides a single point of contact for all clients technical support requests. Our client care commitment includes: • Phone is answered live during business hours • Coordinates technical visits, training sessions and scanning projects. • Schedules document pick-ups and deliveries between ECS technical staff and our clients. • Does follow up correspondence with our clients' after all on-site visits to ensure quality service. • Provides tracking and monitoring of products owned and support requests using our CRM system. ECS Imaging offers a priority support plan including a Toll Free number with unlimited, priority phone support with a 2-4 hour response time. Additional support avenues include an email server with individual email accounts, a dedicated support email account (support@ecsimaging.com), and Website with download/upload capabilities. We also offer Remote Assistance/Terminal Services support. We offer hours of support between 7:30 AM and 5:00 PM, Monday through Friday, PST excluding holidays. All support will be through ECS Imaging, Inc. directly. After the initial implementation, included in this proposal are hours available for remedial support, additional consulting requirements, or for version upgrades/releases of the software. Escalation Process Tickets Reviewed by Escalation Manager • Tickets open 2+ business days • Tickets not updated by technician for 3+ business days • Tickets that require Laserfiche Support assistance Tickets Automatically Sent to Escalation Manager • Tickets open 30+ days* • Tickets with no easily defined resolution • Case by case approval by management *Exceptions -long term projects, waiting on client, waiting on hardware, etc. ECS1maging.lnc Yuur \V~rl.,l:-ld~\ lai'Hl'llrLiu ,..ruvuh·r Page. 17 Escalation Process Tier 2 {as-is) Proce5s Ownef'": Support OG~ttmeM ~ ., E G{ Submit Support <£ oasoroot ) i! Tlckot ::> u > ..,~ Conf~N!not! ~~ f-. C.iiillwith c:: ., ne.vle.wlssuc Accour'lt ..c:: ~ Manager and ~0 <t __ r-Customer 1- > ···~~ ~. -.. ~ c:: 0 "' ..,_ .. Ntstsc:~~lati -0 "' v .. ; '" ;,::,•tto ~riority 11swe7 y., 6 Document J (!;=oot ,...,. 0 ,...,. Solved? Ye;! v""'":::::::.: with ~ c c:: requirements? ~ ..c:: "' ~ ~ ~ 0 1- c:: t:: -~ 0 .5-d: Conrlni.IG No o..c N No O....c:: troubl't~hootinc ::> u (l "' ., 1- c ., ., :;; E ;: a. Eu;alatestoTie:rl .t:.f! 0 .. @ ____ Vl ~ 0 Escalation Process 5. REFERENCES Organizatio Website Address Year(s) #of Depts. Products Currently Contact Name I nName lnstalle User Installed Used Phone I e-mail d Ucenses address City of htt[!:LLwww.ci.ag 13 2 Full and 2 City Clerk Laserfiche Kimberley Agoura Hills oura-hills.ca.usL Retrieval Software with Rodriguez Users Capture and OCR (818) 597-7303 krodrigues@ci.ag oura-hills.ca .us City of htt[!:LLci.carson.c 9 Avante -6 City Clerk, Avante Laserfiche Donesia Gause Carson a.usL months Named Public Software, Capture, (310) 952-1719 Users Works OCR and Web dgause@carson.c Web Portal Finance Portal -10 a.us Concurrent Users City of Brea htt[!: LLwww .cityof 3 15 Full Users City Clerk, Avante System May Ethridge brea.netL and 25 Comm Email, Snapshot, (714) 671-4496 Weblink Dev Workflow, Agenda maye@cityofbrea retrieval Manager, Import .net connections Agent, Standard Publ ic Portal, Starter Audit Trail, Web Access ECStmaginglnc 'h~>...,., W(,J,t14 C. 1..-1o~ I .. ,.,., It&, II~ .. tuoo'hll f Page.18 City of http://www. 15 Rio System CityWide Rio Named Users Erica Rabe Tustin tustinca.org 50 Full Users and PD Pubic Portal (714) 573-3131 Unlimited Quick Fields erabe@tustinca.o Public Portal Import Agent rg licenses City Wide Scanning Services City of Aliso http://www. 9 2 Full Users City Clerk, Laserfiche Email Susan Ramos Viejo cityofalisoviejo.co Comm and Snapshot and (949) 425-2506 m Services, CityWide sramos@cityofalis Building Document oviejo.com Scanning Services City of La htt12:Uwww.cityof 9 10 Full Users City-wide, Avante System Laurie Murray Palma la12alma.orgL and 5 Police Email, Snapshot, (714) 690-3338 Weblink Additional lauriem@cityofla retrieval Repository, Plus palma.org connections Plug-in, Web Distribution Portal Document Scanning Services City of htt12:Uwww. 9 20 Full Users City Clerk, Avante System John DePolis Pomona @ci.12omona.ca.u 20Web Building, Email, Snap Shot, (909) 620-2442 ~ Access Users Finance, Web Access, Quick john_depolis@ci. Planning Fields-pomona.ca.us Scanning Services in Planning Dept. City of htt12:LLwww.lynw 8 8 Full, 25 City Clerk Snapshot, Real Daniel Baker Lynwood ood.ca.usL Retrieval Time Lookup, Zone (310) 603-0220 Users OCR, Quick Fields, dbaker@lynwood Import Agent, Web .ca .us Access Standard, Weblink for Public Access City of Lake http:/ /www.lake-5 5 Full Users City Clerk, Avante Snap Shot, John Herrera Elsinore elsinore.org Weblink for Planning OCR, Quick Fields, (951) 674-3124 5 Retrieval Weblink and City jherrera@lake- Users Wide Document elsinore.org Scanning Services City of httj2:£Lwww.cityof 7 106 Full City Clerk, Avante System Ernesto Smith Vernon vernon.orgL Users and Police, Email, Snapshot, (323) 826-1442 10 Weblink Planning, Audit Trail, Digital esmith@itci. vern retrieval City-wide Signatures, eCopy on.ca.us connections Connector, Scan Connect, Web Access, Web Distribution Portal, Forms Combo, Quick Fields ECStmaging.lnc y,,..,, 'W~rhtll.l\ I..IU'fiHII•· .... ..,,..,(Jt•l Page . 19 PROPOSAL FORM -PART 2 PROPOSAL PRICING ECMS PRICING ITEM COST ECMS (archive & retrieval), including electronic imports, scanning, OCR, Indexing, searching via Full-text & Metadata combined at the same time, retrieval of text and images, e-mail (MAP I) of images in TIFF or PDF format. No hosted systems (Cloud I SaaS) or subscription pricing will be considered. $1,500 Two (2) Fuii"Thick Cl ient" users (scan, index, OCR, e-mail as a PDF attachment). $1,000 Five (5). Fuii"Thick Clienf' employee users (search, retrieve, e-mail as a PDF attachment. $3,200 Five (5) /(Public" users capable of searching, retrieving and downloading PDFs with a customizable interface to be incorporated into the City's public Website. The site must be accessible and functional on PCs, Macintosh I Apples, and iPads I Table. $7,995 Annual Software Maintenance and Support (Standard level) $2,740 Optional Priority Level Maintenance & Support 10 Hours On-Site Support $1,750 Installation and Configuration on City's servers, including customization of the Intranet page used by employees, and website page used by the Public. $1,500 Training of 3 Users I System Administrators-Two half days on site. $1,500 Additional Training Rates-Remote I Virtual Training $187.50 per hour Additional Training Rates-On -site, including all Travel Expenses $1,500.00 per day, travel expenses included Fujitsu fi-7260 scanner with VRS (or like scanner), including installation at $1,295 + tax = $1411.55 the City, establishing settings and ensuring it works with your system . Includes 1 Year AUR warranty If your system I proposed configuration does not meet any of the functions System meets all or specifications in this RFP, please disclose and propose solutions or requirements of RFP options. New Client Discount -$2,054.25 ECMS Grand-Total $17,380.75 - ECS1maging.lnc 'ruut ~,...,., lol l.IA\• l ~u·tiiLI\"' ••.ruvu.htr Page .20 SCANNING PRICING ITEM COST Cost for scanning: B&W Letter or legal sized documents per page .07 Cost for scanning: Color Letter or legal sized documents per page .08 Cost for scanning: B&W e-sized documents per sheet 1.10 Cost for scanning: Colore-sized documents per sheet 1.50 Cost of Naming a Document -with a 10-character document name Included Cost of Indexing when all field data is provided by the City in Excel 0.0 Cost of Indexing per hour (no data provided by the City) Included in pricing Cost of Indexing per list field (selection of a drop down list-no data provided 2 Index Fields by the City) Included Cost of Indexing a date field .01 Cost of Indexing a 10-character indexing field .01 Cost to Quality Check images-Option 1 (during scan): Quality checking must be Included in per page performed by humans. All images must be quality checked as they are scanned, cost and must contain all significant details from the original and must be an adequate substitute for the original document for all purposes for which the document was created or maintained Cost to Quality Check images-Option 2 (after scan & index, by a different .005 per image employee): Quality checking must be performed by humans. All images must be quality checked after the scanning and indexing by a different employee, and must contain all significant details from the original and must be an adequate substitute for the original document for all purposes for which the document was created or maintained Cost to Quality Check indexing (must be performed by humans) .005 per document Fee for OCR of documents if any Included in per page cost Pickup fee, if any, and constraints (e.g., maximum number of boxes, etc.) Only one pickup fee shall be allowed per trip I location (the vendor may be asked to pick up records from several departments, and only one pickup fee shall apply) $150.00/35 boxes Delivery fee, if any. Only one delivery fee shall be allowed per trip I location Included in Pickup (the vendor may be asked to deliver records from several departments, and Fee only one delivery fee shall apply) Disclose any fuel surcharge, if any N/A Provide a list of any fuel surcharges you have implemented over the past two years N/A Disclose all Document Preparation and Reassembling Charges, including your $25.00 per hour hourly fee Charge for each DVD-R if any $50.00 per set (Includes 1 Viewer and 1 Data Disc) Disclose any other fees or charges not already listed (setup, etc.) Setup Included Disclose physical location that scanning and indexing would take place 5905 Brockton Ave. Riverside,CA 92506 ECS1maging.lnc 'tv~t \-.'~111.1 l.l.:a~lll lo~u·riH ih ~J"'-'I.h'J Page. 23 Scanning Services ECS currently has two scanning bureaus-One in Concord, serving Northern California, and another at its headquarters in Riverside, CA. Both of these operations can perform paper scanning as well as sea nning of various Microforms. The benefit that this has for our clients is that we can scan any back-file documents and have them loaded on to the City's Laserfiche server, making them immediately accessible without the need for additional conversion or indexing. Pricing and throughput time for scanning services will depend on number of documents, indexing criteria, condition of originals, image enhancement and quality control requirements. 1. PICK UP AND DEliVERY ECS will pick up documents with our full time employees only, maintaining a protected chain of custody at all times. Documents will be picked up on a scheduled basis. Each set of boxes will be given a unique "job number" that will assist ECS with project tracking, turnaround times, production process management, quality control and inventory of records throughout the entire project. Documents are transported in standard size banker's boxes. Each box will be counted and inventoried at the time of pick up. The driver will have a pick up order clearly identifying the "job number", date of pick up, type of records, and number of boxes (i.e. 35 boxes# 1-35). City staff will sign and verify the number of boxes being picked up and a copy will be left. Upon Completion of that job (batch) ECS will contact the City representative and schedule the return delivery. A Delivery sheet for that "Job number" will accompany the return delivery of the boxes and the completed images. City representative will sign and verify the return of the documents and the completed images. 2. TURNAROUND TIME FOR DOCUMENT RETURN AND DIGITAL FILE DEliVERY Logically, every client's needs are different. Therefore every ECS scanning project is uniquely customized to meet specific client requirements. Our experienced staff will assist the City and provide guidance throughout the development of the scanning criteria. In the end, client involvement and input in conjunction with the expertise of the ECS scanning staff will yield a successful scanning project. Turnaround times will be determined based on the number of boxes picked up and the quantity and condition of the documents to be scanned. ECS will accommodate the pickup and delivery scheduled as determined by the City. Below is the general processes performed on each batch of scanning. Modifications to our processes are made as needed to further ensure the overall quality of each scanning project. Client contact and interaction will affect the outcome. 3. DOCUMENT TRACKING Document tracking begins with the customer. The better the files are prepared for pick-up, the better we can track and verify throughout the process. A comprehensive inventory of the files to be picked up should be provided whenever possible. Inventory verification information should be referenced on the outer face of all boxes to allow for verification at time of pick-up. Based on the provided information we will document which files (typically referenced in ranges) have been provided. The provided inventory of files will be used for Quality Assurance purposes throughout the scanning process. The final verification of files will be conducted prior to delivery after all other processes are completed. ECStmagi~g.lnc 't'C#UI ofU.,dtl l-l~,t-..\; l ... u.•tfu.ll~ t•tuw•Ua.:r Page.24 4. DIGITAL CONTENT TRACKING The digital content is created via Laserfiche scanning software and is housed directly onto a server designated to our scanning customers. Each separate scanning project will be processed in a separate repository specifically created to suit the unique needs of the project. Each box will be processed as a separate unit (see processing steps below). All processing will be conducted at "box level" until the final formatting is conducted by the scan supervisor. Each box will be tagged upon arrival. The tag will provide a single location to track the processes listed below • Each box will be prepped and the tag will be signed off by that operator • Each box will be scanned and the tag will be signed off by that operator • Lase rfiche will retain t he "created by" information to track who scanned the box • Each box will be indexed and the tag will be signed off by that operator • Laserfiche will retain the "last modified by" information to track who indexed the box The indexed data for each box will be verified by a second operator and the tag will be signed off by that operator. If any corrections are made to a document, the "last modified by" will be changed to track who last edited the file. The indexed data and document structure for each box will be further verified by the scan supervisor before the box is considered "validated". Validated boxes are physically segregated from the in-process boxes. Images for the validated boxes are segregated within the repository. Data properties (number of documents, number of images, and data size) are recorded and tracked throughout the scanning process. 5. INDEXING PROCEDURES Indexing requirements are unique to each scanning project. Customers are encouraged to be heavily involved in the development of indexing criteria. The index process will include capture of unique document details via the OCR (Optical Character Recognition) process that will allow search and retrieval within the Laserfiche document imaging system retrieval software. Second pass Image quality control and job specifications verification is done at this time. • Quickfields/auto-population is strongly recommended* • Identify a key piece of information known as a Unique Identifier. This will be the only manually entered data we enter into your template • Provide an excel file that will tie the Unique Identifier to other desired field data. This file will be used to auto-populate the fields you wish to have indexed. • The scanning supervisor will conduct the auto-population and verify accuracy *Using this processing technique we can eliminate many common data entry errors. Paper based documents will be imaged and captured as TIFF images at 200-300 dpi, named and indexed according to the document naming conventions determined by the City. Manual indexing is limited to what is available on the scanned images of any given document. 6. NAMING CONVENTION Nam ing conventions are specified by the customer and vary based on customer needs. We recommend that Quickfields be used to auto-populate the template fields and to name the documents. A document's field data will comprise the document name and will create a standardized format for the naming convention. The scan supervisor will ensure the final product meets the needs specified by the ECS1maging.lnc ..-..,.,.. \-J...,,j, t,.l.a~lo 1--'\\'flt'-lu.• ~''"''lt•IJ~·• Page . 25 requirements of the RFP. Any document(s) that does not fit the specified criteria will be addressed with the City staff; any variations to the criteria must be specified in advance. 7. OUTPUT TO DELIVERY METHOD The scanned and indexed images are verified for burn to delivery media. The media attendant will verify image quality and index integrity via spot checking throughout the job (batch). The burned media will be tested for functionality and labeled as specified prior to delivery. This is our final pass for Image Quality Control. The City can choose to have the scanned and indexed images delivered via hard drive, Disc, or Laserfiche Plus which includes a search engine for document retrieval. Individualizing task segments allows us to physically review the image quality in 3 separate passes while maintaining projected production speeds. This is the most efficient means of minimizing production errors without the high cost of "Page by Page Individual Review". ECMS Implementation f Project Management Solution Description As a project based firm, ECS Imaging, Inc. understands that our reputation is based on the impression we leave with our clients at the end of each project engagement. We place a great deal of emphasis on our project plan and implementation methodology behind that plan. As we have found it to be beneficial in ensuring that all of your expectations are met and exceeded throughout the implementation process. One of the major advantages of Laserfiche as an ECM solution is how quick it can be deployed. The majority of Laserfiche systems are installed within a matter of days, rather than weeks, months, or years. To enable a controlled, effective and timely implementation we would recommend a phased approach. This is a successful technique that we have used in many previous implementations. The following outlines the ECS methodology for implementation and is based on PMBOK guidelines published by the Project Management Institute. Project Management Methodology Step 1: Requirements Analysis-Gather and Confirm All Requirements for a Successful Implementation Performing a thorough requirements analysis is a critical first step to successfully completing a project on time and within budget. The requirements analysis involves a re-examination of the documents that will be captured, the processes that will be automated and the way people will use and interact with the documents once they have been digitized. During the requirements analysis, important design factors such as security, access and retention requirements will be examined and documented. Step 2: Planning -Define the Formal Work Plan, Checkpoints and Milestones for the Project The formal work plan will serve as the master schedule by which progress is measured. The work plan will include all project-related tasks, as well as all required resources. The published work plan will also be used to track all project-related activities and generate scheduled and ad hoc progress reports. No work on the project will begin until a mutually-accepted work plan has been developed. - ECSimaging,lnc 'rOLl( '"'l hFI4l,.l1;1\-.. 141"\0.'t(IC,It~' ~ih.l'l't~VI Page.26 Roles and Responsibilities Team Role Responsibilities g M ember Lori Welz Account • Make recommendations for business process improvements Manager • Finalize contract negotiations and commitment of ECS Imaging, Inc. to Project • Monitor Project Manager accountabilities • Monitor Technical Manager accountabilities • Maintain active relationship with Project Sponsor Shelby Project Manager • Make recommendations for business process improvements Chung • Provide progress updates • Provide structured Implementation methodology • Analyze current methods and map to desired outcome • Identify gaps between desired outcome and standard software capabilities • Communicate process changes that are required to implement the solution • Prepare & coordinate solution deployment Chad Technical • Make recommendations for business process improvements Rodriguez Manager • Responsible for delegating configuration and setup according to requirements and analysis (technician to be determined based on project scope) • Drive systems testing; resolve nonconformance's • Participate in User Acceptance Testing; resolve nonconformance's • Coordinate development of custom documentation to be provided to client Jami Shore Office Manager • Coordinate the availability of staff to meet requirements of Project Plan • Communicate and confirm scheduled times with the client and ECS staff Anjy Divine Trainer • Develop User Training Documentation for: 0 Laserfiche Client 0 Laserfiche Administration 0 Any custom processes or products Technicians/ Technical • Consultation and recommendations with client Trainers Associates • Configuration and setup of system • Onsite and Remote Technical Support • Onsite Training Communication Plan We must assure open and timely communication for the organization by providing appropriate information to the people who need it, when they need it. By embracing the organization-wide commitment to this project, each individual must do his or her part to ensure its success. Therefore, all individuals must understand their role and the specific activities for which they are responsible. This plan provides a framework for informing, involving, and obtaining buy-in from all participants throughout the duration of the project. ECSimagi~g.lnc V<oout ~~~tlu Ct.n·,..l•ult lhto'"' l'tnVH.hH Page. 28 This communication plan is for the following audiences: • Client Project Sponsor • Client Project Manager • Client IT Analyst • Client Stakeholders • Vendor Account Manager • Vendor Project Manager • Vendor Technical Manager • Vendo r Office Manager Communication Objectives: • Ensure timely communication to relevant groups or individuals • Ensure effective communication between groups • Ensure timely notices for requirements/meetings • Ensure optimum results for all communications and project expectations • Measure the results of the communication strategy execution and revise accordingly Communication Vehicles: Communication cannot be limited to any one method or vehicle. It comes in many forms and must follow guidelines and an appropriate level of formality to ensure knowledge and information transfer. The following is a list of vehicles that will be found within the communication plan. This list is not extensive and will grow throughout the life of the project. • Email • Informal word of mouth • Team meetings • Conference calls • Web Meetings • Paper Communication Plan The communication plan is the detailed list of items to be communicated, to whom they are communicated, and when they are to be communicated. Software and Hardware Specifications Supported Software Environments We always recommend going with the newest software environments. Typically this will result in better performance and a more future proof environment as updates will continue to be available into the near future. Supported Operating Systems Operating Systems {x86) Operating Systems {x64} Windows XP SP3 WindowsXP Windows 2003 SPl-2 Windows 2003 Windows 2003 R2 Windows Vista Vista, Vista SPl-2 Windows 2008 ECS1maging.lnc 'f.,.WI "~uri" '-'••\ a .... l.'lltLI"~ ~'IU.,. \J1 I Page.29 Software Product Information Server Client Architecture Laserfiche Server is an extremely efficient and robust application that creates a very small network footprint yet can scale to support thousands of users and multiple databases and information repositories. The base server license includes comprehensive windows authenticated system security, image capture, easy user defined indexing methodology, an integrated OCR engine, document annotation tools and a secure document repository. Images and OCR text are stored as TIFF documents and ASCII files (the non-proprietary standard) to guarantee document integrity as well as future availability. The proposed solution is compatible with City's environment. Laserfiche is optimized upon the Microsoft SQL Server database platform. The majority of the application logic is stored within SQL Server as stored procedures to allow for platform scalability. Since Laserfiche utilizes Microsoft SQL database as the backend, it is fully ODBC compliant which means it can communicate with most any standard data source. An oracle version of Laserfiche is available (price upon request). Security The Laserfiche access control system provides fine control of user actions within the repository and what level of information they can access. Users can be authenticated to Laserfiche through username and password or through Windows Authentication and/or LDAP. Laserfiche provides the ability to assign security rights to Windows users and/or groups through integration with Active Directory. To make security rights management most efficient, it is recommended that security profiles be created at the group level and all groups be tied to Windows groups through Active Directory. This strategy will automatically provide appropriate access to new users who are added to the domain and will remove access from users as soon as their network login is deactivated. Laserfiche security can be divided into Feature Rights, Access Rights, Privileges and Tags. Feature rights make up the actions a user can take as part of their global security profiles, while Access Rights allow those actions to be fine-tuned based on the type of object to which rights are assigned. Access Rights control user access to folder structures, documents, document annotations, volumes and metadata. Permissions provide the ability to distribute administrative functions without providing system- administrator level access. For example, the network administrator can be given the ability to create user accounts and assign access rights, but not be able to open any documents in the system. Security tags are a way of dynamically assigning security to documents. Tags are user definable and represent the sensitivity level of the documents to which they are assigned. The access level of users is determined by the tags to which they have been granted access. For example, if a document has been assigned a ''Subpoenaed Record" tag, a user without access to the "Subpoenaed Record" tag cannot view the document even if they have rights to the location where the document is stored. Laserfiche security has undergone rigorous testing and has been proven in the field. Laserfiche is trusted to protect the records of the most security-conscious organizations in the world, including all five branches of the military, the US Treasury Department, the CIA and the FBI. We are confident that the comprehensive security options provided by Laserfiche will meet the specific needs of the City. ECS1maging.lnc 'r.UUI "o~(.l,thl l..ld;,". l..!\l' rtU. h.~ f"I IJVII.h TI Page.32 of data capture, Quick Fields gives authorized staff instant access to the information they need to work effectively. Quick Fields accelerates the flow of useful information into business operations, reducing or eliminating the need for manual data entry, which is labor-intensive and error-prone. Eliminating these repetitive, manual tasks empowers staff to use their time more effectively. Growth, competitive pressures and changing regulatory mandates require you to adjust the information you capture and process during daily operations. Quick Fields allows documents already in the Laserfiche repository to be reprocessed in order to capture new data and update index information. Reprocessing capabilities maximize the value of your Laserfiche system by adapting to evolving business environments. Quick Fields data extraction modules automatically collect information from paper forms, electronic documents and databases. Quick Fields collects the precise data you need-such as zip codes, bank account numbers and invoice numbers-and then compares it to information in other application databases to verify its accuracy and ensure that it is correctly formatted. In addition, data extraction tools can draw information from other databases to automatically fill in index fields. Data extraction tools automate these processes to reduce the amount of staff time spent transferring information between applications and integrating it into your business processes. Quick Fields modules include: • Bar Code-reads a variety of industry standard bar codes horizontally and vertically. • Zone OCR-automatically extracts text from specific form areas for rapid data capture and index field population. • Real-Time Lookup -populates template fields and validates metadata by retrieving data stored in client databases and other applications. • Pattern Matching-uses regular expressions to separate extracted data, such as zip codes, from larger blocks of text captured by Zone OCR and verifies that is is correctly formatted. • Check Scanning -captures images of checks with supported Digital Check Corporation (DCC) scanners. • Form Identification -automatically recognizes the form or document based on its overall structure, even in the absence of barcodes, form data or other distinguishing information. • Form Registration-automatically repositions the document to match a master form, correcting for scanning errors and improving data extraction. • Form Extractor-removes form outlines, isolating data for more accurate capture. • Optical Mark Recognition (OMR) -detects marks on surveys, tests and ballots. OMR can determine whether check boxes have been filled in. • Document Classification -eliminates the need for sorting prior to forms processing by recognizing multiple types of forms in a single session. Import Agent Import agent allows numerous image capture devices (multi-function copier/scanners, network fax server, etc.) to work with Laserfiche. Automatically import documents into a Laserfiche repository. Schedules allow documents to be imported during off-peak hours. Emulate any filing schema already established for your paper documents. Apply user-defined index card templates to documents automatically. Auto-populate fields in index card templates create unique names for documents automatically. ECS1maging.lnc Y~o..~1 \"Furl.a C I.;~-..' l.t'-••" fu.h~ P~u-.·td\IJ Page.42 " Simplify processes for collecting proposed agenda items and obtaining the necessary approvals. " Add approved items to the agenda without having to retype, copy or paste text. " Accommodate last-minute changes by easily adding, removing or rearranging agenda items, without having to edit multiple paper copies. Item Submission Simplified Laserfiche agenda management solutions allow users to submit proposed agenda items electronically. As part of the submission process, users enter a description of the item and select the section of the agenda in which the item should appear. Users can also attach files, such as staff reports, to the item that can then be incorporated into the final agenda packet. They can select these files from their desktop, a network drive or the Laserfiche repository; they can also utilize these tools' scanning component to create electronic versions of paper documents on the fly. These agenda management systems also maintain a detailed history that lists each action taken on an item. Because users can easily access this information, they no longer need to ask the preparer for updates regarding their item's status. " Submit detailed information about proposed agenda items electronically. " Attach supporting documentation to items for inclusion in the final agenda packet. " Track individual agenda items in real time and view information about each action taken on an item. Item Approval Streamlined Laserfiche agenda management systems automatically routes proposed items through the approval process, using e-mail messages to alert reviewers when items require their attention. To foster timely review, these messages contain a link that reviewers can click to quickly view the item. Reviewers have the option to make modifications to an item in order to add information or correct errors. They can then either approve or reject the item. When an item is rejected, the user who submitted it is automatically notified and informed of the reason for rejection. The user then has the option to revise and resubmit the item. " Route agenda items to reviewers automatically. " Use e-mail notification to alert reviewers when items require their attention. " Allow users to quickly revise and resubmit rejected items. Retain the Appearance of Your Current Agendas Laserfiche agenda management tools utilize a Microsoft� WordTM plug-in, which enables the preparer to produce an agenda whose style and structure are familiar to the meeting's attendees. The preparer can then easily publish the agenda, along with the supplemental documentation, as a bookmarked, searchable PDF file that can be printed, distributed electronically or posted online. To facilitate distribution via e-mail, the agenda packet is also published as a ZIP file. " Use standard word-processing tools to create an agenda whose appearance is familiar to the meeting's attendees. " Publish the final agenda packet as easily-distributed PDF and ZIP files, at the touch of a button. " Ensure that attendees can quickly download the agenda and access supporting documentation. ECStmaging.lnc \uur ~~.�;." 14 \,.1.,.,,. 14\" " rtu:.th� fl'u~vnl.t:l Page.44 Get Started Quickly tor Fast Results Laserfiche agenda management solutions are designed for quick insta llation and deployment. Because they integrate seamlessly with Microsoft® Internet ExplorerTM, v. 5.0 and later, they require no workstation installation for most users. They also require minimal support from your organization's IT department. Furthermore, these tools' ease-of-use and intuitive design eliminate the need for extensive training and ensure that users get up to speed quickly. • Encourage fast user acceptance by providing an easy-to-use agenda management solution. • Minimize the burden on your IT department by selecting a system that's easy to install and maintain. • Reduce operating expenses associated with paper, photocopying and manual distribution. Encourage Timelv Participation in the Agenda Process Laserfiche agenda management tools provide an easy-to-use interface for submitting and approving items, and for assembling the final agenda packet. • Users propose agenda items using a simple yet customizable Web form. • Reviewers can make minor changes to items prior to approving them. • Preparers can easily assemble approved items into a final agenda. Audit Trail Security is no longer simply a matter of creating an impenetrable system that no one can break into. While that deals with threats from outside your organization, it doesn't manage misuse from within. You need to create boundaries and track when someone tries to step outside of them. And with the security controls of the Laserfiche® system, combined with the tracking and reporting capabilities of Audit TraWM, you have the tools you need to both create and enforce boundaries for everyone within your organization. By constantly monitoring and recording events that occur in your document repository, Laserfiche Audit Trail helps you protect information from misuse. Audit Trail enables you to regularly review user activity, assess the effectiveness of internal control mechanisms and demonstrate regulatory compliance. It readily fits into your existing IT infrastructure, providing you with a detailed view of enterprise business processes-without creating additional work for your IT department. With Audit Trail, you can: • Track almost any user action, from login and logout to creating, modifying, printing and deleting documents. • Create detailed reports, which you can easily filter, sort and graph to identify trends and isolate behavior patterns. • Expedite audits by producing reports listing all the actions taken on a particular document or record. • Meet diverse business needs with three modules that monitor varying events in the Laserfiche repository. The Starter Edition tracks basic events in the repository that involve accessing, modifying or exporting data. Basic events include: • Login and logout. • Creating, editing, printing or deleting documents. • Creating, editing or deleting templates, fields and annotations. ECS1maging. Inc 'f.,.,., \~""''•·• ~' ... '"" l.11o'''tt .. h .. • .. "' ... u~·• Page.45 " Automate life cycle management from document creation to final disposition. " Run reports detailing where records are in their life cycle and which records are eligible for transfer, accession or destruction. " Log all system activity, providing an audit trail that can be used to prove adherence to you records management plan and compliance with regulations. " Ensure the future accessibility of your archived records with storage in non-proprietary TIFF file format. " Safeguard records with comprehensive access controls. " Promote compliance with Sarbanes-Oxley, HIPPA, USA PATRIOT ACT, SEC, FINRA and other regulations. " Simply business continuity planning by centralizing your organization's information. " Reduce litigation risks associated with expired and outdated records. " Respond to e-discovery order quickly and confidently. " Instantly provide large numbers of records to auditors, without trips to the records room or off- site storage facilities. LaserficheToolkit (SDK) The SDK (Software Development Kit) allows your organization to more effectively put content to use by integrating Laserfiche with third party applications. Custom solutions can be created using any language with COM support, which means Web sites, scripts, Windows applications, or anything else compatible with COM libraries, including all .NET languages, can easily communicate with the Laserfiche Server. The SDK comes with detailed documentation that includes tutorials and sample source code in C# and Visual Basic .NET. Laserfiche Digital Signatures With Laserfiche digital signatures, you can automatically sign and validate your documents as they are created, reviewed and archived without leaving the Laserfiche environment. Digital signatures are a form of electronic signatures that act like a digital notary to your electronic assets. Optional Software Pricing Software Description Software Cost Annual Maintenance Laserfiche Forms *10% add-on to all Named *10% add-on to all Named Full & Retrieval Users Full & Retrieval Users Laserfiche Forms Portal (allows form submission from $7,995.00 $1,600.00 unlicensed public users} Laserfiche Quick Fields $595.00 $120.00 Laserfiche Quick Fields Agent $9,995.00 $2,000.00 ALaserfiche Auto Stamp/Redaction/Bates Num. $495.00 $100.00 ALaserfiche Document Classification $4,995.00 $1,000.00 ALaserfiche Forms Alignment $2,495.00 $500.00 ALaserfiche Optical Mark Recognition $2,495.00 $500.00 ALaserfiche Forms Identification $2,495.00 $500.00 ALaserfiche Forms Extractor $2,495.00 $500.00 Aforms Combo (Includes Zone OCR & Validation $9,995.00 $2,000.00 Pkg., Document Classification, OMR, Forms Alignment, Form Extractor, Forms Identification) ALaserfiche Zone OCR & Validation Pkg. $2,795.00 $560.00 ALaserfiche Barcode & Validation Pkg. $1,695.00 $340.00 ALaserfiche Real Time Lookup & Validation Pkg. $595.00 $120.00 EC.Simaging.lnc ... .., .... , \J<wlldl.l.,l\" l.a"''lhl.lh 1-'II.U'o'h..ll" f Page.47 over 130+ pages per minute {260+ images per minute) full-rated speed at up to 300 dpi in· Color, Grayscale, or Black and White modes! Fujitsu Network Scanners Network scanning, collaboration, emailing and faxing just got a lot easier. With Fujitsu's fi-series network scanners, you can simplify and standardize document management across your local branches or across the globe. Simply load your documents, log into the network, select the destination, and press the scan button. ECS1maging.lnc ...... ~I ~J .... rl .. L I• ,lo l..t'h'du.ln• l'4~o,t-."o\h I Page.49 I I I I I I I I I I I I I I I I ATTACHMENT C .. . . ·~ . . .'. :: ; \:·· ••••.••• v ;:. ~:-. L't{~ CONSULTANT SERVICES AGREEMENT By and Between THE CITY OF TEMPLE CITY, a municipal corporation and ECS Imaging, Inc. Aprill, 2014 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND ECS Imaging, Inc. This Agreement for Consultant Services ("Agreement") is entered into as of this 1st day of April, 2014 by and between the City of TEMPLE CITY, a municipal corporation ("City") and ECS Imaging, Inc., a corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Patiy" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defmed and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City Manager has authority to execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the valne and adequacy of which are hereby acknowledged, the parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the scope of services until such services me complete. -1 - SECTION2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services" and made a part of this Agreement. SECTION3. ADDITIONAL SERVICES. Consultant shall not be compensated for any services rendered in connection with its perfonnance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are authorized in advance and in writing by the City Council or City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager. SECTION4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the an10unts specified in Exhibit "B" "Compensation" and made a part of this Agreement. The total compensation, including reimbursement for actual expenses, shall not exceed Six Thousand Eight Hundred and Ninety ($6,890), unless additional compensation is approved in writing by the City Council or City Manager. (b) Consultant shall furnish to City an original invoice for all work performed and expenses incuned during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts. Sub-consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. City shall independently review each invoice submitted by the Consultant to detennine whether the work performed and expenses incuned are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the te1ms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. SECTIONS. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall -2- not constitute a waiver of any of the provisions of this Agreement including, but not limited to, sections 16 and 17, pertaining to indemnification and insurance, respectively. SECTION6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, repmis, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the pennission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and wanants related to Standard of Performance and found in Section 9 of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION?. CONSULTANT'S BOOKS AND RECORDS. (a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such docun1ents or records shall be maintained for three years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or tem1ination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. - 3 - SECTIONS. STATUS OF CONSULTANT. (a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by City. (b) The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's otlicers, employees, or agents are in any marrner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. SECTION9. STANDARD OF PERFORMANCE. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional marrner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perfmm all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in tl1e course of providing any services pursuant to this Agreement, Consultant's guarantees and warranties related to Standard of Performance shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, pe1mits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. -4 - SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work perfonned on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, "construction" includes work performed during the design and preconstmction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Innnigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seg., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. SECTION 14. CONFLICTS OF INTEREST. (a) Consultant covenants that neither it, nor any officer or principal of its finn, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perforn1 non-related services for other governmental agencies and private parties following the completion of the scope of work under this Agreement. Any such future service shall not be considered a cont1ict of interest for purposes of this section. - 5 - SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntatily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntaty" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notifY City should Consultant , its officers, employees, agents or subcontractors be served with any sununons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 16. INDEMNIFICATION. (a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnifY, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by at1Y negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services tmder this Agreement. (b) Indemnification for Other than Professional Liabilitv. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend a11d hold harmless City, and any and all of its employees, officials a11d agents from and against a11y liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, comi costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence - 6 - of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity Agreements with provisions identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnifY and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (d) Limitation oflndenmification. Notwithstanding any provision of this Section 16 [Indemnification] to the contrary, design professionals are required to defend and indenmifY the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the Califomia Business and Professions Code. (e) The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 17. INSURANCE. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assigrunent shall be ineffective, null and void, and shall constitute a material breach of this Agreement -7 - entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such perfmmance. SECTION20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may tetminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement. SECTION21. DEFAULT. In the event that Consultant is in default under the tenns of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thi1iy (30) days, but may be extended, though not reduced, if circumstances warrant. Dming the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cmed, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of tllis Agreement. - 8 - SECTION22. EXCUSABLE DELAYS. Consultant shall not be liable for damages. including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The tetm and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION23. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. SECTION24. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Temple City Attn: City Clerk To Consultant: 970 l Las Tunas Dr. Temple City, CA 91780 ECS Imaging, Inc. Attn: Debbi Bodewin, Senior Vice President 5905 Brockton Avenue, Ste. C Riverside, CA 92506 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 25. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant represents and wanants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder. SECTION26. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative, following approval of this Agreement by the City Council. The City Manager shall have the authority to issue interpretations and to make minor amendments to this -9- Agreement on behalf of the City so long as such actions do not materially change the Agreement or make a commitment of additional funds of the City. All other changes, modifications, and amendments shall require the prior approval of the City Council. SECTION27. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SECTION28. MODIFICATION OF AGREEMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION29. WAIVER. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. SECTION30. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles. SECTION31. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION32. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other Agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. -10- SECTION33. SEVERABILITY. If any te1m, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). IN WITNESS WHEREOF, the pmiies hereto have executed this Agreement on the date and year first-above written. ATTEST: PeggyKuo City Clerk APPROVED AS TO FORM By: ~~--~------------------Eric S. Vail City Attorney By: ------------------------~ Its: ________________________ _ CITY OF TEMPLE CITY By:_--cc-=--c------- Donald E. Pemnan Interim City Manager By: Its: ________________________ _ NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. -II - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On before me, , personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and con-ect. WITNESS my hand and official seal. Signature: ______________ _ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) PARTNER(S) 0 0 ATTORNEY-IN-FACT TRUSTEE(S) LIMITED GENERAL 0 0 0 0 0 GUARDIAN/CONSERVATOR OTHER~--------------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) RIV #4838-6958-3880 vl DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On ____ , __ before me, _______ ,, personally appeared _______ _ D personally known to me-OR-D proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my haud and official seaL (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER D D D D D TITLE(S) PARTNER(S) D LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ___________ _ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTlTY(IES)) RIV #4838-6958-3880 vi DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT S!GNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES 1. Training for nse of ECMS 2. Annual Software Maintenance and Support EXHIBIT "B" COMPENSATION EXHIBIT "C" INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the perfom1ance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of msurance: 1. Minimum Scope oflnsurance. Coverage shall be at least as broad as: (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Insurance Services Office form number CA 000 l (Ed. l/87) covering Automobile Liability, including code l "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. ( 4) Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 3 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 3-year period, Consultant shall armually and upon request of the City submit W1"itten evidence of this continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property dan1age. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above. (3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of not less than $1,000,000 per accident. (4) Professional Liability: $1,000,000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: l. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City. 2. General Liability and Automobile Liability Coverages. (I) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant ; or automobiles owned, leased, hired or bon-owed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance. (3) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ( 4) Any failure to comply with the reporting or other provisions of the policies including breaches of wan-anties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. 3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attomey may require that Consultant fumish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Consultant shall furnish ce1iificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. EXHIBIT "C" INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of msurance: I. Minimum Scope oflnsurance. Coverage shall be at least as broad as: (I) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (4) Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 3 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 3-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above. (3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of not less than $1,000,000 per accident. (4) Professional Liability: $1,000,000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City. 2. General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant ; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance. (3) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ( 4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. 3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed oftlcers, officials, employees and agents for losses arising from work performed by Consultant. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. I. Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self~insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment oflosses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements ofthis Agreement. ATTACHMENT D CONSULTANT SERVICES AGREEMENT By and Between THE CITY OF TEMPLE CITY, a municipal corporation and ECS Imaging, Inc. Aprill, 2014 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND ECS Imaging, Inc. This Agreement for Consultant Services ("Agreement") is entered into as of this 1st day of April, 2014 by and between the City of TEMPLE CITY, a municipal corporation ("City") and ECS Imaging, Inc., a corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City Manager has authority to execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to the schedule specified in Exhibit "A." Should the scope of services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the scope of services until such services are complete. - 1 - SECTION2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services" and made a part of this Agreement. SECTION 3. ADDITIONAL SERVICES. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit "A" "Scope of Services," unless such additional services are authorized in advance and in writing by the City Council or City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty Six Thousand and Five Hundred Sixty ($26,560), unless additional compensation is approved in writing by the City Council or City Manager. (b) Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts. Sub-consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses arc disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. SECTIONS. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall -2- not constitute a waiver of any of the provisions of this Agreement including, but not limited to, sections 16 and 17, pertaining to indenmification and insurance, respectively. SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warrants related to Standard of Performance and found in Section 9 of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION7. CONSULTANT'S BOOKS AND RECORDS. (a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. - 3 - SECTIONS. STATUS OF CONSULTANT. (a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by City. (b) The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. SECTION9. STANDARD OF PERFORMANCE. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warranties related to Standard of Performance shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 10. COMI>LIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. - 4 - SECTION 11. PREY AILING WAGE LAWS It is the understanding of City and Consultant that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. SECTION 14. CONFLICTS OF INTEREST. (a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the scope of work under this Agreement. Any such future service shall not be considered a conl1ict of interest for purposes of this section. - 5 - SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 16. INDEMNIFICATION. (a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence -6- of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity Agreements with provisions identical to those set forth here in this section from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (d) Limitation oflndemnification. Notwithstanding any provision of this Section 16 [Indemnification] to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (e) The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 17. INSURANCE. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 18. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement -7 - entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. SECTION 20. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a tina! invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement. SECTION21. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. -8 - SECTION22. EXCUSABLE DELAYS. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION23. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit "A" "Scope of Services," shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. SECTION24. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Temple City Attn: City Clerk To Consultant: 970 I Las Tunas Dr. Temple City, CA 91780 ECS Imaging, Inc. Attn: Debbi Bodewin, Senior Vice President 5905 Brockton Avenue, Ste. C Riverside, CA 92506 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION25. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder. SECTION26. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative, following approval of this Agreement by the City Council. The City Manager shall have the authority to issue interpretations and to make minor amendments to this -9- Agreement on behalf of the City so long as such actions do not materially change the Agreement or make a commitment of additional funds of the City. All other changes, modifications, and amendments shall require the prior approval of the City Council. SECTION27. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SECTION28. MODIFICATION OF AGREEMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written moditications cannot be waived and that any attempted waiver shall be void. SECTION29. WAIVER. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. SECTION30. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles. SECTION31. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 32. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other Agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other Agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. -10- SECTION33. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. ATTEST: PeggyKuo City Clerk APPROVED AS TO FORM By: --~~~---------Eric S. Vail City Attorney By: -------------- Its: -------------- CITY OF TEMPLE CITY By: __________ _ Donald E. Penman Interim City Manager By: Its: ________________________ _ NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. -11 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:~~~~~~~~~~~~~~- Ol'TlONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment ofthis form CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER D D D D D TITLE(S) PARTNER(S) D LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ______________________ __ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) RIV #4838-6958-3880 vi DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT ---·-··----·--------·~---·---- SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On --before me, , personally appeared , 0 personally known to me-OR-0 proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ---- (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER ----- _" __ ..... ~·-···· DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE RIV #4838~6958-3880 v l EXHIBIT "A" SCOPE OF SERVICES 1. Document Scanning Scanning Services ECS currently has two scanning bureaus -One in Concord, serving Northern California, and another at its headquarters in Riverside, CA. Both of these operations can perform paper scanning as well as scanning.of various Microforms. The benefit that this has for our clients is that we can scan any back-file documents and have them loaded on to the City's Laserfiche server, making them immediately accessible without the need for additional conversion or indexing. Pricing and throughput time for scanning services will depend on number of documents, indexing criteria, condition of originals, image enhancement and quality control requirements. 1. PICK UP AND DELIVERY ECS will pick up documents with our full time employees only, maintaining a protected chain of custody at all times. Documents will be picked up on a scheduled basis. Each set of boxes will be given a unique "job number" that will assist ECS with project tracking, turnaround times, production process management, quality control and inventory of records throughout the entire project. Documents are transported in standard size banker's boxes. Each box will be counted and inventoried at the time of pick up. The driver will have a pick up order clearly identifying the "job number", date of pick up, type of records, and number of boxes (i.e. 35 boxes # 1-35). City staff will sign and verify the number of boxes being picked up and a copy will be left. Upon Completion of that job (batch) ECS will contact the City representative and schedule the return delivery. A Delivery sheet for that "Job number" will accompany the return delivery of the boxes and the completed images. City representative will sign and verify the return of the documents and the completed images. 2. TURNAROUND TIME FOR DOCUMENT RETURN AND DIGITAL FILE DELIVERY Logically, every client's needs are different. Therefore every ECS scanning project is uniquely customized to meet specific client requirements. Our experienced staff will assist the City and provide guidance throughout the development of the scanning criteria. In the end, client involvement and input in conjunction with the expertise of the ECS scanning staff will yield a successful scanning project. Turnaround times will be determined based on the number of boxes picked up and the quantity and condition of the documents to be scanned. ECS will accommodate the pickup and delivery scheduled as determined by the City. Below is the general processes performed on each batch of scanning. Modifications to our processes are made as needed to further ensure the overall quality of each scanning project. Client contact and interaction will affect the outcome. 3. DOCUMENT TRACKING Document tracking begins with the customer. The better the files are prepared for pick-up, the better we can track and verify throughout the process. A comprehensive inventory of the files to be picked up should be provided whenever possible. Inventory verification information should be referenced on the outer face of all boxes to allow for verification at time of pick-up. Based on the provided information we will document which files (typically referenced in ranges) have been provided. The provided inventory of files will be used for Quality Assurance purposes throughout the scanning process. The final verification of files will be conducted prior to delivery after all other processes are completed. Page.24 ~. I I I 4. DIGITAL CONTENT TRACKING The digital content is created via laserfiche scanning software and is housed directly onto a server designated to our scanning customers. Each separate scanning project will be processed in a separate repository specifically created to suit the unique needs of the project. Each box will be processed as a separate unit {see processing steps below). All processing will be conducted at "box level" until the final formatting is conducted by the scan supervisor. Each box will be tagged upon arrival. The tag will provide a single location to track the processes listed below • Each box will be prepped and the tag will be signed off by that operator • Each box will be scanned and the tag will be sighed off by that operator • laserfiche will retain the "created by" information to track who scanned the box • Each box will be indexed and the tag will be signed off by that operator • Laserfiche will retain the "last modified by'' information to track who indexed the box The indexed data for each box will be verified by a second operator and the tag will be signed off by that operator. If any corrections are made to a document, the "last modified byn will be changed to t rack who last edited the file . The indexed data and document structure for each box will be further verified by the scan supervisor before the box is considered "validatedn. Validated boxes are physically segregated from the in-process boxes. Images for the validated boxes are segregated within the repository. Data properties (number of documents, number of imqges, and data size) are recorded and tracked throughout the scanning process. 5. INDEXING PROCEDURES Indexing requirements are unique to each scanning project. Customers are encouraged to be heavily involved in the development of indexing criteria. The index process will include capture of unique document details via the OCR {Optical Character Recognition) process that will allow search and retrieval within the laserfiche document imaging system retrieval software. Second pass Image quality control and job spe-cifications verification is done at this time. • Quickfields/auto-population is strongly recommended* • Identify a key piece of information known as a Unique Identifier. This will be the only manually entered data we enter into your template • Provide an excel file that will tie the Unique Identifier to other desired field data. This file will be used to auto-populate the fields you wish to have indexed. • The scanning supervisor will conduct the auto-populatioh and verify accuracy *Using this processing technique we can eliminate many common data entry errors. Paper based documents will be imaged and captured as TIFF images at 200-300 dpi, named and indexed according to the document naming conventions determined by the City. Manual indexing is limited to what is available on the scanned images of any given document. 6. NAMING CONVENTION Naming conventions are specified by the customer and vary based on customer needs. We recommend that Quickfields be used to auto-populate the template fields and to name the documents. A document's field data will comprise the document name and will create a st(lndardized format for the naming convention. The scan supervisor will ensure the final product meets the needs specified by the ECS1magi~glnc 'I..,UI I,~.UIId~I.&\,_I ..I\ ... Tfn.h••l-"r ... -.·.~o'l Page.25 requirements of the RFP. Any document(s) that does not fit the specified criteria will be addressed with the City staff; any variations to the criteria must be specified in advance. 7. OUTPUT TO DELIVERY METHOD The scanned and indexed images are verified for burn to delivery media. The media attendant will verify image quality and index integrity via spot checking throughout the job (batch). The burned media will be tested for functionality and labeled as specified prior to delivery. This is our final pass for Image Quality Control. The City can choose to have the scanned and indexed images delivered via hard drive, Disc, or Laserfiche Plus which includes a search engine for document retrieval. Individualizing task segments allows us to physically review the image quality in 3 separate passes while maintaining projected production speeds. This is the most efficient means of minimizing production errors without the high cost of "Page by Page Individual Review". ECMS Implementation I Project Management Solution Description As a project based firm, ECS Imaging, Inc. understands that our reputation is based on the impression we leave with our clients at the end of each project engagement. We place a great deal of emphasis on our project plan and implementation methodology behind that plan. As we have found it to be beneficial in ensuring that all of your expectations are met and exceeded throughout the implementation process. One of the major advantages of Laserfiche as an ECM solution is how quick it can be deployed. The majority of Laserfiche systems are installed within a matter of days, rather than weeks, months, or years. To enable a controlled, effective and timely implementation we would recommend a phased approach. This is a successful technique that we have used in many previous implementations. The following outlines the ECS methodology for implementation and is based on PMBOK guidelines published by the Project Management Institute. Project Management Methodology Step 1: Requirements Analysis-Gather and Confirm All Requirements for a Successful Implementation Performing a thorough requirements analysis is a critical first step to successfully completing a project on time and within budget. The requirements analysis involves a re-examination of the documents that will be captured, the processes that will be automated and the way people will use and interact with the documents once they have been digitized. During the requirements analysis, important design factors such as security, access and retention requirements will be examined and documented. Step 2: Planning-Define the Formal Work Plan, Checkpoints and Milestones for the Project The formal work plan will serve as the master schedule by which progress is measured. The work plan will include all project-related tasks, as well as all required resources. The published work plan will also be used to track all project-related activities and generate scheduled and ad hoc progress reports. No work on the project will begin until a mut~Jally-accepted work plan has been developed. Page.26 EXHIBIT "B" COMPENSATION SCANNING PRICING "-i!ElyJfi.f!~J~"}:~~~-\~,·;~ ·:.::;;t.;:~·/~· -~t··~:u~;.:~;-;;;_ft .... · ..:, -~:\ ·;:~ .COST ~, .)I; · ··.: ... ,_ Cost for scanning: B&W l etter or legal sized documents per page .07 II Cost for scanning:. Color letter or legal sized documents per page .08 Cost for scanning: B&W e-sized documents per sheet 1.10 Cost for scanning: Colore-sized documents per sheet 1.50 Cost of Naming a Document-with a 10-character document name Included Cost of Indexing when all field data is provided by the City in Excel 0.0 Cost of Indexing per hour (no data provided by the City) Included in pricing Cost of Indexing per list field (selection of a drop down list -no data provided 2 Index Fields by the City) Included Cost of Indexing a date field .01 Cost of Indexing a 10-character indexing field :o1 Cost to Quality Check images-Option 1 (during scan): Quality checking must be Included in per page performed by humans. All images must be quality checked as they are scanned, cost and m·ust contain all significant details from the original and must be an ·:adequate substitute for the original document for all purposes for which the document was created or maintained Cost to Quality Check images-Option 2 (after scan & index, by a different .005 per image employee): Quality checking must be performed by humans. All images must be quality checked after the scanning and indexing by a different employee, and must contain all significant details from the original and must be an adequate substitute for the original document for all purposes for which the document was created or maintained Cost to Quality Check indexing (must be performed by humans) .005 per document Fee for OCR of documents if any Included in per page cost Pickup fee, if any, and constraints (e.g., maximum number of boxes, etc.) Only one pickup fee shall be allowed per trip I location (the vendor may be asked to pick up records from several departments, and only one pickup fee shall apply) $150.00/35 boxes Delivery fee, if any. Only one delivery fee shall be allowed pert rip I location Included in Pickup (the vendor may be asked to deliver records from several departments, and Fee only one delivery fee shall apply) Disclose any fuel surcharge, if any N/A Provide a list of any fuel surcharges you have implemented over the past two years N/A Disclose all Document Preparation and Reassembling Charges, including your $25.00 per hour hourly fee Charge for each DVD-R if any $50.00 per set (Includes 1 Viewer and 1 Data Disc) Disclose any other fees or charges not already listed (setup, etc.) Setup Included Disclose physical location that scanning and indexing would take place 5905 Brockton Ave. Riverside,CA 92506 ECSimagi~g.lnc .,..~. l,•,•.qrl .. Ll.&\\ I.A\I.'Ih o..h •• .. h ..... ~.~ ... Page.23 EXHIBIT "C" INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of msurance: 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (4) Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 3 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 3-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. 2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimur11 limits set forth above. (3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of not less than $1,000,000 per accident. (4) Professional Liability: $1,000,000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City. 2. General Liability and Automobile Liabilitv Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant ; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance. (3) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. 3. Workers' Compensation and Employer's Liabilitv Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work perfonned by Consultant. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.